Registration of a Japan trademark can be sought by applying to the Japan Property Office (JPO). Trademark owners must be aware of the requirements set by JPO in order to successfully register their mark. It is advisable to enlist the assistance of a professional consultancy firm when seeking registration over your mark as the process can be time consuming if you are not familiar with the procedure.
How to Register a Japan Trademark
There are many factors that must be considered when seeking trademark registration in Japan. Although the requirements vary from one intellectual property office to another, the usual requirements to meet include:
- Graphical representation
- Non descriptive
- Cannot be confusing to the public
- Cannot be immoral
- Cannot be the same or similar to an existing mark
The Japan Property Office is responsible for receiving and reviewing all registration applications and upon review, will issue a registration certificate, or reject the application.
In Japan it is essential that all applicants comply with Art 2 of the Japan Trademark Act. This act provides the regulatory framework for trademarks in Japan, and stipulates that all marks must be one or a combination of the follow; figure, character, sign, color, diagram, or 3D shape. Art 2 also states that a Japan mark must be distinguishable and distinctive from other marks representing similar goods or services.
To ensure your trademark application will gain approval from JPO, it is important to conduct a trademark search to ensure that your mark is original and available for registration. The complexity surrounding the interpretation of search results means that many owners seek professional assistance when conducting a search.
Registration for a trademark in Japan is highly recommended, as the jurisdiction’s current law does not provide protection to unregistered marks.
View our Japan Trademark services page for further information and to proceed with registering your mark.