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 principle
Japan has adopted the “registration principle,” which considers that trademark rights arise from registration. Even if you are not actually using the trademark, you can acquire the right by registering it.
However, take caution.Filing an application for a trademark that is being used by someone else proactively may result in major issues. Such harmful trademark applications are not represented by us.
Examination principle
When an application for trademark registration is filed, a substantive examination is conducted to determine whether the trademark is distinctive and whether it is similar to an existing registered trademark. This is called the “examination principle.
First-to-file principle
The first-to-file system is a system whereby when multiple applications are filed for similar trademarks, the one with the earliest filing date is given priority for registration. Many nations, including Japan, have embraced the first-to-file system. The first-to-use principle is the opposite idea. U.S. and Canada are instances of countries that follow the usage principle.
Opposition after grant of rights principle
In Japan,it is allowed to file a petition against a registered trademark on the grounds that the trademark registration should be cancelled.
The opposing concept to the “Opposition after grant of rights” is “pre-grant opposition”.
Pre-grant opposition refers to the process by which a trademark application can be used to prevent the trademark from being registered by presenting arguments against its registration.
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