Starting Business is experienced in delivering a complete selection of global trademark services and are fully equipped to help you register in Japan. Our team of expert consultants are experienced in intellectual property law and can assist you with the design, search, registration and renewal of your mark. We can draw on our international resources to effectively support you throughout the entire process.
The Intellectual Property Office in Japan is referred to as the JPO (Japan Property Office). The JPO has the responsibility of registering all Japan trademarks after on approving trademark applications.
Under Art 2 of the Japan Trademark Act, a trademark is defined inter alia; any character, figure, sign, colour, diagram, three dimensional shape of a combination thereof. It is also stipulated that a Japan trademark is used to represent goods or services of an individual or business and must be distinguishable from other marks representing similar goods or services.
A Japan trademark is valid for 10 consecutive years from the initial date of registration. As long as the mark is used in accordance with the trademark act, it can be renewed every 10 years, indefinitely.
Registered Japan marks are regulated by the Japan Trademark Act 1959. The act stipulates that all registered marks are provided with trademark rights (art 18 of the Trademark Act). In Japan, the Trademark Law does not offer protection to unregistered marks unlike some other jurisdictions but rather the Competition Prevention Act provides a level of protection for all unregistered marks in Japan.
Japan trademark law also enforces that once a mark is registered, the owner will own exclusive rights to the mark throughout Japan. The act defines infringement where a third party uses a similar or identical trademark without authority to represent similar goods or services. Where infringement occurs, the owner can sue for damages.
It should be noted that the Japan Trademark Act 1959 was revised to define trademarks which represent a service as “service marks”.
Starting Business can offer professional assistance to register your Japan trademark effortlessly. We will assist you with the initial search and help you to administer all the relevant documentation needed for the registration. Our team can also provide extended support to help you maintain your mark with our trademark watch and renewal services.
If you require further information regarding your Japan Trademark, use our Contact Form.