Article 4(1)(xi) of the Japanese Trademark Law provides that a trademark that is identical or similar to a previously registered trademark of another applicant and that has the same or similar designated goods or designated services shall not be registered. If your trademark application violates this provision, the JPO(Japn Patent Office) will notify you of […]
With the help of letters of consent, a later-filed trademark may coexist with an earlier-filed mark provided the later-filed trademark applicant receives an agreement from the earlier-filed mark granting permission for the two marks to coexist. According to the Japanese Trademark Law,a latter-filed trademark that is confusingly similar to a prior trademark may be registered, […]
Normally, one would consider using the Madrid Protocol to obtain trademark registrations abroad. However, the Madrid Protocol is not always the best method. Advantages of Direct Filing 1. It is less expensive to submit an application directly in the nation where protection is desired if there are few specified nations. In general, if you are […]
Trademark rights arise in each country. Examination systems also differ from country to country. Therefore, it is quite common for a trademark to be registered in one’s own country but to be provisionally rejected in a foreign country. Let’s look at the characteristics of the Japanese trademark system. Principles of the Japanese Trademark System Registration […]
Good news! In Japan, a new system called “consent” has been implemented in 2024. Please note: All applications for trademark registration filed before April 1.2024, will not be subject to the consent system even if examination is pending on or after April 1.2024. One of the most common reasons for refusal of an application for […]