Japan's Trademark System adopts "first to file rule" and thus it is very important to apply for registration of trademarks with the Japan Patent Office before entering the Japanese market as long as you have the intention to use the trademark in the future.

The process takes approximately one year from the date of filing.

Details Required

To proceed the trademark application for registration in Japan, please provide the following information:

• A good legible copy of the mark emailed to us in .jpg file format
• Detailed list of goods and/or services classified in accordance to the International Classification of goods and services (9th edition)
• Applicant's name, address and nationality
• A copy of applicant's Identification document. (Corporation: Business Registration Certificate; Individual: Identity Card or passport)
• Application number and filing date of priority application, if any. Priority document should be submitted within 3 months from the filing date in Japan. Please send us an English translation thereof, so that we can translate it into Japanese.

Power of Attorney is not required, unless the case is appealed or opposed in future.

Search

Prior to the filing of a trademark application, a trademark screening search is highly recommended to be conducted in order to judge the registrability of the trademark by obtaining information on any marks that may interfere with the registration thereof.

Procedure

When we have received your application, we will issue a confirmation letter which summarizes the details and specification of the application for your final checking. Please confirm the application by signing on the letter and return to us by fax or email. The application will be filed within 5 working days of receiving the signed confirmation letter, and we will report the filing with a copy of the official filing receipt.

There are 4 stages in the process of examining an application for registration:

• Formality and substantive examination
• Decision of registration
• Publication in gazette
• Registration

If the application is procedurally in order and the examination process goes smoothly, the examination process will complete in 6 months and the trademark can be registered in 2 months after the examination. However, if the application cannot pass the formalities and search examination and is rejected by the Japan Patent Office, the time required for application in such situation is difficult to estimate. Otherwise, you may abandon the pending application at no extra-cost.

Validity period of registration

Once registered, a trademark is protected for 10 years starting from the registration date, assuming that the trademark is not subsequently invalidated or cancelled. Protection can be renewed for further 10-year periods.

Convention Priority

You can claim convention priority before the Japanese Patent Office so that it may enjoy the same seniority date as domestic applications filed, provided that the Japanese application is filed within 6-months from the filing date of the home application.

Please download application form here.

If you require more information, please contact us at:

Telephone	: (852) 2384 2288
Fax	: (852) 3011 3245
Email	: info@ebrand.com.hk
Address	: Unit 1501, Jubilee Centre, 46 Gloucester Road, Wan Chai, Hong Kong.