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How to apply for a Japanese trademark in China

You can apply to register an international trademark. Madrid trademarks can be registered, and Japan is also among the member countries where Madrid trademarks are registered.

The following information is required for trademark applications in Japan:

1. The applicant’s name, address and nationality.

2. Specify the products and their categories.

3. If the trademark to be registered is a color trademark, 6 copies of the trademark drawings are required; if the trademark to be registered is a black and white pattern. You only need to provide 1 copy of the trademark pattern. The trademark pattern shall not exceed 15cm*15cm and shall not be smaller than 8cm*8cm.

4. If you are applying for priority according to the Paris Convention, you must indicate the original trademark application country, application date, and application number. Submit certified priority documents within 3 months from the Japanese filing date.

Usually the entire trademark application registration process in Japan takes about 2 years. If there are special circumstances, the applicant may request to expedite the review. Unlike the Chinese trademark system, the Japanese trademark opposition procedure follows the registration procedure. After a trademark is registered in Japan, there is still a two-month opposition period. If no one raises any objection to the trademark, Chinese companies can safely use the trademark in Japan. The validity period of a Japanese registered trademark is 10 years, and it can be renewed 6 months before the expiration of 10 years.

With regard to the following trademarks, notwithstanding the provisions of the preceding article, trademark registration is not allowed:

(1) National flag, chrysanthemum medallion, medal, medal or trademark that is identical or similar to a foreign flag ;

(2) In the Treaty of Paris (referring to Brussels on December 14, 1900, Washington on June 2, 1911, and November 1925) Laws concerning the protection of industrial property rights as revised at The Hague on the 6th, June 2, 1934 in London, Lisbon on the 31st October 1958, and Stockholm on July 14, 1967 The Treaty of Paris of March 20, 1883. The same applies below) Coat of arms of the Allied countries (except the flags of the Allied Powers of the Treaty of Paris), identical or similar trademarks designated by the Minister of International Trade and Industry;

(3) Marks of international organizations such as the United Nations, which are identical or similar to those designated by the Minister of International Trade and Industry;

(4) Marks of a red cross on a white ground or the name of the Red Cross or the Geneva Red Cross Identical or similar trademarks;

(5) The seals or marks used by the government of Japan or the Allied Countries of the Paris Treaty or local public organizations for supervision or certification are the same as those designated by the Minister of International Trade and Industry or similar marks, used by goods that are the same as or similar to the goods using the seal or mark;

(6) Representing national or local public organizations or organizations that are not for profit Marks of agencies, public welfare organizations, or non-profit public welfare undertakings, trademarks that are identical or similar to famous ones;

(7) Trademarks that may endanger public order or good customs ;

(8) Trademarks containing other people’s portraits or other people’s names or famous nicknames, stage names or pen names or their famous abbreviations (except those with the consent of the individual);

(9) Expositions held with the government or local public organizations designated by the Commissioner of the Intellectual Property Office (hereinafter referred to as "the government, etc."), or exhibitions organized by persons other than the government, etc., or foreign governments, etc. or foreign governments, etc. Trademarks with the same or similar marks awarded to international expositions held in foreign countries by persons licensed by the government (except for those where the awardee uses its mark as part of the trademark);

(10) As a product indicating that it belongs to the business of others A trademark or a similar trademark that has been widely known among demanders and is used for the goods or similar goods;

(11) Before the date of application for registration of the trademark, the trademark has been A registered trademark or a similar trademark that has been applied for trademark registration by another person and is used on the designated goods for which the trademark is registered (referring to those applicable mutatis mutandis in accordance with Article 6, Paragraph 1 - including Article 68, Paragraph 1) The products designated by the provisions of the occasion - the same below.

) or similar products;

(12) The same trademark as another person’s registered protective mark (referring to a mark registered as a protective mark, the same below.), used for the registered protective mark Those who designate goods;

(13) One year has not elapsed since the date when the trademark right was extinguished (when a judgment is made that the trademark registration should be invalid, the date when the judgment is confirmed. The same below.) A trademark (except one that has not been used by the person for more than one year before the date of expiration of the trademark right) or a similar trademark is used on designated goods belonging to the trademark right or similar goods;

(14) A trademark that is the same as or similar to the name of a variety registered in accordance with the provisions of Article 12-4, Paragraph 1 of the Seed and Seedlings Law (Law No. 115 of 1977) , used on seeds of the variety or similar goods;

(15) Trademarks that are likely to cause confusion for goods belonging to the business of others (except those listed in items 10 to the previous item);

(16) Trademarks that may mislead the quality of goods.

(2) National or local public organizations or their agencies, public welfare organizations not for profit, or those engaged in public welfare undertakings not for profit, with respect to Item 6 of the preceding paragraph When applying for trademark registration for a trademark, the provisions of the same paragraph shall not apply.

(3) Although it is a trademark equivalent to Item 8, Item 10 or Item 15 of Paragraph 1, it does not comply with Item 8, Item 10 or Item 1 of the same paragraph when applying for trademark registration. For item 15, these provisions do not apply.

(4) When the judgment that the trademark registration should be canceled has been determined in accordance with the provisions of Article 53-2, the petitioner of the trial shall file a lawsuit regarding the trademark registration that was canceled based on the judgment. When applying for trademark registration for a trademark or a similar trademark, the provisions of Item 13 of Paragraph 1 shall not apply. ,

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