Basics of trademarks

Flow from application to registration

Main flow from application to registration

Flow from trademark application to registration (Japan)

Definition of terms

<Application>
Submit the documents necessary for trademark registration to the Patent Office and pay the fees.

<Application publication>
The contents of the application will be made available to the public. (About 2-3 weeks after application)

<Formal examination>
Application documents will be examined to ensure that there are no deficiencies in the format and that the necessary fees have been paid.

<Substantive examination>
The contents of the application will be examined to see if there is any reason why registration cannot be approved.

<Reasons for refusal (notification)>
This is (notification of) the reason why registration is not approved. For example, ``a similar trademark is already registered'' or ``the name only describes the quality (such as ``fresh'' for a product called vegetables).

<Opinion statement>
Please state your opinion regarding the reasons for rejection.

<Procedural amendment>
Change or amend the contents of the application with the intention of getting the registration approved.

<Decision of refusal>
As a result of the examination, it is an administrative disposition that the registration is not approved.

<Appeal>
When a person who has received a decision of refusal and is dissatisfied with the decision makes a request, three to five referees will decide whether the decision is truly correct.
*If registration is not approved, you may file a lawsuit.

<Registration assessment>
This is a decision that no reason for refusal was found within the examination period and that the application is worthy of registration.
*At this stage, trademark rights have not yet been granted.

<Registration fee payment>
In principle, you can express your intention to establish rights by doing so within 30 days from the date of arrival of the registration assessment.
*You can choose either lump-sum payment (for 10 years) or installment payment (for 5 years).

<Setting registration>
By paying the registration fee, trademark rights will become available from this point onwards.

Related article

TOP