A trademark registered in Japan must be specific words, graphics, symbols or a combination of the above three. 1960 The Japanese Trademark Law, which came into effect, now has new provisions, including "their combinations with colors" in addition to words, figures, marks or their combinations.

The design of a trademark must have distinctive features that attract ordinary customers, so that customers can distinguish which company the product belongs to.

To apply for a trademark in Japan, you must specify the designated goods in the application form, and then submit an application to the Japan Patent Office. After examination, it will be released through the application announcement. If no objection is raised within 2 months after the announcement, the trademark can be officially registered. It generally takes more than 2 years from application to registration. The trademark right is valid for 10 year. If you need to extend the registration, you can continue to register, and you need to pay a registration fee of 60 thousand yen.

In order to adapt to international coordination, simplify the trademark application procedure and speed up the authorization, Japan has greatly revised the Japanese Trademark Law since June last year, mainly introducing a multi-classification system for one application; Canceled the substantive examination of the application for renewal of trademark rights and the examination of the use of registered trademarks; Simplify the matters recorded in the application documents; Objection after registration; Protection of famous trademarks at home and abroad; Introducing three-dimensional trademarks; Unify the classification of old and new commodities and so on.

I. Overview of Trademark Registration in Japan

Apply directly to the Japan Patent Office as a natural person or legal person. Allow multiple types of applications, and implement the Nice Agreement on Commodity Classification.

Japan's Trademark Law stipulates that the following trademarks may not be registered because the design is featureless:

(1) A trademark expressed by the name of the commodity itself.

(2) Trademarks that are the same as or similar to "customary trademarks". For example, "authentic" Japanese sake was originally a trademark used by a company, but over time, other companies that manufacture similar products also use it to represent their own products or take it as part of the trademark. Ordinary customers always combine such words or graphics with this product, which makes people confused, and this "customary trademark" cannot be registered.

(3) a trademark that indicates the place of origin, place of sale, quality, raw materials, use, quantity, shape, price or the method and time limit of production, processing and use of the goods in a general way.

(4) Any trademark such as "Tanaka" and "Ikeda" that represents a common name or a name in a common way.

(5) Very simple and common marks. Such as Japanese letters or English letters.

(6) Other trademarks that make customers unable to identify dealers.

(7) Trademarks identical with or similar to the Chrysanthemum Badge (a symbol of the Japanese royal family), the national flag, medals, symbols of the United Nations or other international organizations, and trademarks of harmful customs.

If a trademark is not used for three consecutive years after registration, it may be revoked by others. Trademark application or registered trademark can be transferred and licensed. The transfer contract needs to be registered, and the transfer without registration is invalid. The license contract does not need to be registered, but the exclusive use license must be registered before it can take effect.

The exclusive right to use a trademark is valid for ten years from the date of registration, and the validity period of each renewal registration is ten years.

Two, the Japanese trademark registration application materials include:

-Apply as a legal person, with a copy of 1 business license or valid registration certificate; Apply as a natural person, with personal identity certificate 1 copy;

-The name and address of the applicant in Chinese and English;

-Trademark design;

-Commodity name and category;

-Priority statement (if required).

Three. Time of trademark registration procedure in Japan

The application for trademark registration shall be submitted to the Japan Patent Office;

Formal review stage. Review whether the application documents are complete and whether the required items are complete. Do not meet the requirements, notify the applicant to make corrections;

Substantive review stage. Examining whether the trademark meets the requirements of substantive examination;

Make a decision to allow trademark registration through substantive examination;

Do not meet the requirements, issued a notice of reasons for rejection, the applicant issued a statement of defense or reasons;

After paying the registration fee, the trademark registration right is established, the trademark right begins to exist, and it is announced. The objection period is two months;

If the defense or statement of reasons cannot eliminate the reasons for rejection, the ruling of rejection shall be established;

If you refuse to accept the ruling, you can sue; If you are dissatisfied with the result of the prosecution, you can appeal to the Tokyo High Court. If you are still not satisfied, you can continue to appeal to the High Court.

The whole successful registration process takes about 10 to 15 months.