Japan Trademark registration
Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Requirements
Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 10-15 months from first filing to registration. After registration, the trademark is again published in the Trademark Gazette (Shohyou Kouhou). The opposition period is 2 months from publication of the trademark application.
Duration
A trademark registration in Japan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, a trademark must be used within 3 consecutive years of the registration date and for 3 consecutive years thereafter, otherwise the registration will become vulnerable to cancellation for non-use.
Trademark registration Japan
Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Requirements
Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 10-15 months from first filing to registration. After registration, the trademark is again published in the Trademark Gazette (Shohyou Kouhou). The opposition period is 2 months from publication of the trademark application.
Duration
A trademark registration in Japan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, a trademark must be used within 3 consecutive years of the registration date and for 3 consecutive years thereafter, otherwise the registration will become vulnerable to cancellation for non-use.
Hong Kong Trademark Registration
Trademark
A trademark is a sign which is capable of distinguishing the goods or services of different undertakings. A trademark may consist of words (including personal names), indications, designs, letters, characters, numerals, figurative elements, colours, sounds, smells, the shape of goods or their packaging and any combination of such signs. A sign can be registered as a trademark only when it is capable of being represented graphically. Once a trademark is registered, the applicant has the right to exclusively use such trademark in respect of such goods and services.
Differences between Trademark Protection and Company Registration
The registration of company names, business names and Trademark in Hong Kong Special Administrative Region is subject to different laws and rules and regulations. The registration of company names shall be handled by the Companies Registry, the registration of business names shall be handled by the Business Registration Office of Inland Revenue Department, and the registration of Trademark shall be handled by the Trade Marks Registry. The registration of business or company names does not represent the right of using such names as its trademark.
The Right of Priority of Trademark Registration
Where an applicant has applied to Paris Convention countries or WTO members for registration of the same trademark for the same merchandises or services within 6 months before the day on which it files an application, it may enjoy the right of priority of trademark registration. The applicant may also indicate different dates claiming to enjoy the priority in respect of different merchandises or services.
Matters to be Noted for Trademark
1. Any one who uses a mark identical with or similar to the registered trademark of the same or similar merchandises or services in Hong Kong without permission will be an infringement of the registered trademark
2. Any one who uses a well-known trademark, even if it is not applied for the same type of merchandises or services, may also be an infringement of the trademark.
3. Where the merchandises or services are marketed in the Mainland China, the enterprises shall also apply for trademark registration in the Mainland China to initiate any rights defending movements against any infringement of rights in the Mainland China under the PRC laws.
Process of Application for Trademark:
Information Required for Application of Trademark
1. Name and address of the applicant
2. Photocopies of the business license or personal ID card of the applicant
3. Graphic design of the trademark (in electronic file)
4. Designated merchandises or services for the trademark.
Time Necessary for Trademark Application
The whole application process takes only 6 months for (commencing from the date on which the Trade Marks Registry receives an application to the date on which the trademark registration is approved) if no additional information is needed and no opposition is received against the trademark under registration.
Validity of Trademark:
The registration date of the trademark will be dated back to the date on which the registration application was submitted. The registered trademark will be valid for ten years commencing from the date on which the registration is approved.
Renewal of Trademark:
If the registered trademark is needed for use after it is expired, an application for renewal of registration will be made within six months before the expiration. A six-month grace period will be given to a person who fails to apply within that period. If no application is filed before the grace period expires, the registered trademark will be cancelled.
The renewal of each registration will be valid for ten years.
The renewal of each registration will be valid for ten years.
For more information about Registration of Hong Kong Trademark, please contact our professionals, and we will provide you with free advisory.