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, if the applicant for the latter-filed trademark receives permission in writing from the prior trademark owner and if there is no possibility that the two trademarks will be confused.
This implies that in order to register his/her Trademark, the owner of a later-filed trademark will now have the opportunity to request a letter of consent from the owner of the earlier trademark. Even after receiving a letter of consent, examiners retain the authority to reject the application of the later-filed trademark if they feel that there is a possibility of confusion.
The owner of the earlier filed trademark may ask the owner of the later filed trademark to attach a “confusion prevention display” in order to avoid any possible confusion that can result from the co-existence of two marks because of a letter of consent. Furthermore, a new form of cancellation action was instituted to nullify a later-filed trademark registration in the event that the latter-filed mark creates confusion with an earlier trademark for the intention of unfair competition.
Negotiations with the prior registered trademark owner are required to obtain a letter of consent. However, negotiations are subject to failure, so a trademark strategy must be developed well in advance. Negotiating out of the blue without preparation may result in irreparable damage.
Please consult with us, to obtain a consent letter from Japanese companies.
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