Rights are established through registration. However, a well-recognized mark is still protected in Japan even if it is not registered.
Japan’s trademark office is available online at: http://www.jpo.go.jp/
Yes. Before you can apply for registration, it is mandatory that there is actual use of the mark or at least an intention to use the mark.
Applications can be opposed based on:
- Rules regarding registrable marks
- Rules regarding non-registrable marks
Any interested party may initiate the opposition.
Cancellation against registration is possible on the following grounds:
- Marks is disparaging to a person’s dignity
- Bad faith
- Prohibited marks
- Mark is used in a deceptive or misleading manner
- Mark uses a protected badge or emblem
- Mark contradicts moral standards or opposes public order
- Geographical indication
- Mark uses a protected armorial bearing, flag or state emblem
- Generic or too common marks
- Functional, misleading, deceptive, disparaging, non-distinctive, or descriptive marks
Yes. Owners of a registered mark in Japan obtain these rights:
- Exclusive right to use the mark
- Right to object to succeeding conflicting applications
- Right to petition for the cancellation of a succeeding conflicting registration
- Right to take a legal action against third parties for infringing the sign
- Right to obtain payment or damages from third parties due to infringement
- Right to authorize third parties to use the mark
- Right to petition for the confiscation (by customs authorities) of counterfeit goods
The opposition period will begin on the date the Official Gazette was issued and will end two months after that date.
Yes. Japan is a Madrid Protocol signatory.
No, it is not necessary to submit periodic statement of use.