The short answer
To register a trademark in Japan, file an application with the Japan Patent Office (JPO) under the Trademark Act. Japan is a first-to-file country: the earliest applicant for identical or similar marks on identical or similar goods or services gets the registration. The trademark right is formed on registration and lasts 10 years from the registration date. Anyone can oppose within 2 months of publication in the trademark gazette.
Trademark deadlines in Japan at a glance
| Question | Answer for Japan |
|---|---|
| How long does a trademark right last? | 10 years (Article 19) |
| Which date does the term count from? | The registration date of the establishment of the right (Articles 18 and 19), not the filing date |
| When can I renew? | From 6 months before expiry to the expiry date (Article 20(2)) |
| Is there a grace period? | Yes. If the holder could not file in time, the Order of the Ministry of Economy, Trade and Industry allows a period after expiry, with a surcharge equal to the registration fee (Articles 20(3) and 43) |
| What if I miss that? | The right is deemed to have expired as of the end of its term (Article 20(4)). A restoration application is possible in limited cases (Article 21) |
| Pay the registration fee | Within 30 days of the notice that registration will be granted, extendable by up to 30 days on request (Article 41) |
| Opposition period | 2 months from publication of the trademark gazette (Article 43-2) |
| Priority period | 6 months for Paris Convention priority. A priority certificate follows within 3 months of filing (Article 13) |
| Non-use | Any person can file a trial to rescind the registration if the mark has not been used in Japan for 3 consecutive years or longer (Article 50) |
| Assignment | A transfer can be made for all or some of the goods or services (Article 24-2). A transfer by agreement is effective only when registered |
| Change of name or address | Record the change in the register with the JPO |
Who can apply for a trademark in Japan?
Any person who uses, or intends to use, a trademark for goods or services related to its business can apply (Article 3). Japan follows first-to-file. If two applications for identical or similar marks on identical or similar goods or services are filed on different dates, only the earlier applicant is entitled to register (Article 8).
Applicants in Japan
File directly
An applicant resident in Japan can file at the JPO directly or through a patent attorney.
Applicants abroad
Agent in Japan
As a rule, a person with no address or business in Japan must appoint an agent in Japan, such as a patent attorney, to act for it (Patent Act, applied by Article 77 of the Trademark Act).
Goods and services are classified under the Nice Classification, and fees are charged per class.
Trademark registration in Japan: the steps
Search and file
- Search the JPO database (J-PlatPat) for earlier marks before you file
- The application states the trademark and the designated goods or services (Article 5)
- Claim Paris Convention priority at filing if you applied abroad in the last 6 months
Examination
- The examiner checks the registration requirements (Article 3) and conflicts with earlier marks (Articles 4 and 8)
- A refusal can be appealed
Registration fee and registration
- If the examiner grants registration, pay the registration fee within 30 days of the notice (Article 41)
- You can pay the fee for 10 years at once (¥32,900 per class) or in two installments (¥17,200 per class each)
- The trademark right is formed on registration (Article 18)
Publication and opposition
- The registered trademark is published in the trademark gazette
- Any person may file an opposition within 2 months of publication (Article 43-2). If the opposition succeeds, the registration is revoked
- Documents are the default way to decide an opposition, and oral proceedings can be requested
| JPO official fee | Amount |
|---|---|
| Application, per class | ¥3,400 plus ¥8,600 per class |
| Registration, 10 years, per class | ¥32,900 |
| Registration, two installments, per class | ¥17,200 each |
| Renewal, 10 years, per class | ¥43,600 |
| Renewal, two installments, per class | ¥22,800 each |
| Late renewal surcharge | Equal to the registration fee |
Fees are from the JPO fee schedule. Japanese practice changes the amounts from time to time, so confirm the current figures before you file. Agent fees are extra.
How long does a registration last, and how does renewal work?
Article 19 says a trademark right expires 10 years after the registration date of its establishment. Count from the registration date, not the filing date.
- An application for renewal can be filed from 6 months before expiry to the expiry date (Article 20(2))
- A later filing is allowed only within the period set by the ministerial order, and then with a surcharge equal to the registration fee (Articles 20(3) and 43)
- If the holder does not file within that period, the right is deemed to have expired from the end of its term (Article 20(4))
- A renewed term is again 10 years
Count from registration, and diarise early.
Assignment, licence, and change of name or address
Assignment
Register it
A trademark right can be transferred for all or only some of the designated goods or services (Article 24-2). A transfer by agreement takes effect only on registration at the JPO (Patent Act Article 98, applied by the Trademark Act).
Licence
Exclusive and non-exclusive
A holder can grant exclusive or non-exclusive licences. They matter for the use requirement, because use by a licensee counts as use (Article 50).
Name or address
Record the change
Record a change of the holder's name or address in the register, so notices reach you and the chain of title is clear.
Use it, or risk rescission
Under Article 50 any person can file a request for a trial to rescind a registration if the mark has not been used in Japan for 3 consecutive years or longer by the holder or a licensee for any of the designated goods or services. The holder can defend by proving use within the 3 years before the request is registered, or by showing just cause for non-use.
A trademark registration can also be attacked by opposition within 2 months of publication, or by invalidation trial.
How to check the status of a trademark in Japan
- Search the JPO's free database, J-PlatPat, for status, owner, classes and expiry date
- The trademark gazette publishes registrations and starts the 2-month opposition period
- Search before you file, because the earlier applicant wins
Sources used
Trademark Act of Japan, English translation on Japanese Law Translation (Ministry of Justice), and the JPO schedule of fees. The translation has no legal force, and fees and practice change, so confirm before filing.
Trademark registration in Japan: common questions
How long is a trademark valid in Japan, and from when is it counted?
Ten years from the registration date of the establishment of the right (Article 19), not from filing.
When should I renew a Japanese trademark, and is there a grace period?
File from 6 months before expiry until the expiry date. A late renewal is possible only in a limited period set by the ministerial order, with a surcharge equal to the registration fee.
How long is the opposition period in Japan?
Two months from publication of the trademark gazette.
How much does it cost to register a trademark in Japan?
The JPO lists ¥3,400 plus ¥8,600 per class for the application, and ¥32,900 per class for 10-year registration, or ¥17,200 per class in two installments. Agent fees are extra.
Can a foreign company register a trademark in Japan?
Yes. As a rule it must appoint an agent in Japan, such as a patent attorney.
Is Japan first-to-file?
Yes. If identical or similar marks are filed for identical or similar goods or services on different dates, the earlier applicant is entitled to register.
How do I assign a Japanese trademark?
A trademark right can be transferred for all or some of the goods or services. A transfer by agreement takes effect only on registration at the JPO.
Can a trademark be cancelled for non-use in Japan?
Yes. Any person can request a trial to rescind a registration if the mark has not been used in Japan for 3 consecutive years or longer, unless the holder shows use or just cause.
How do I check the status of a trademark in Japan?
Use the JPO database J-PlatPat.
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