(Showa XXXIV Law No.127 of April 13, 1959)

Chapter I General Provisions

[Purpose]

Article 1 The purpose of this Law is to safeguard the business credit of trademark users through the protection of trademarks, so as to facilitate the development of industries and protect the interests of demanders.

[Definition]

Article 2 The term "trademark" as mentioned in this Law refers to the words, figures or symbols used by an operator for the production, processing, certification or transfer of goods, or their combination or their combination with colors (hereinafter referred to as "marks").

(2) The term "registered trademark" as mentioned in this Law refers to a trademark whose trademark has been registered.

(3) The "use" of marks mentioned in this Law refers to the following acts:

(1) The act of attaching marks to commodities or the packaging of commodities;

(2) the act of transferring, handing over or exhibiting or importing commodities or commodities with labels on their packages;

(3) the act of attaching marks to advertisements, pricing tables or transaction documents about commodities for exhibition or distribution.

Chapter II Trademark Registration and Application for Trademark Registration

[Conditions for Trademark Registration]

Article 3 Trademarks used in commodities belonging to one's own business may be registered, except for the following trademarks:

(1) Trademarks consisting only of marks expressed by the common name of the commodity in a commonly used way;

(2) a trademark that has been used to the commodity;

(3) a trademark consisting only of marks indicating the place of origin, place of sale, quality, raw materials, efficacy, use, quantity, shape, price or method or time limit of production, processing or use of the commodity in a commonly used way;

(4) It is only a trademark composed of common surnames or names expressed in a commonly used way;

(5) a trademark consisting only of extremely simple and common marks;

(6) except those listed in the first five items, the demander cannot identify whose business product the commodity belongs to.

(2) even if the trademark equivalent to items 3 to 5 of the preceding paragraph is used, if the demander can identify whose business it belongs to, it is not restricted by the provisions of the same paragraph and can register the trademark.

[Trademarks that cannot be registered]

Article 4 With regard to the following trademarks, despite the provisions of the preceding article, trademark registration cannot be carried out:

(1) national flags, chrysanthemums, medals, medals or trademarks identical with or similar to foreign national flags;

(2) The Paris Treaty (refers to the Paris Treaty of March 2th, 1883 on the protection of industrial ownership, which was revised in Brussels on December 14th, 19, Washington on June 2nd, 1911, The Hague on November 6th, 1925, London on June 2nd, 1934, Lisbon on October 31st, 1958 and Stockholm on July 14th, 1967). The same below. The emblem of the allied countries (except the flag of the allied countries under the Paris Treaty), and the same or similar trademarks designated by the Minister of International Trade and Industry;

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

(4) the logo of the Red Cross in Baidi or a trademark identical with or similar to the name of the Red Cross or the Geneva Red Cross;

(5) among the seals or marks used by the governments of the allied countries of the Treaty of Japan or Paris or local public organizations for supervision or certification, the trademarks designated by the Minister of International Trade and Industry with the same or similar marks are used by the goods with the same or similar marks;

(6) a mark indicating a national or local public organization or its organs, public welfare organizations or public welfare undertakings that are not for profit, and a trademark that is the same as or similar to a famous one;

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

(8) Trademarks containing portraits of others or their names or famous nicknames, stage names or pen names or their famous abbreviations (except with my consent);

(9) Trademarks with the same or similar marks will be awarded to the fairs held by the government or local public organizations (hereinafter referred to as "the government") designated by the Director of the Franchise Office, or the fairs held by people other than the government, or the international fairs held in foreign countries by foreign governments or people licensed by foreign governments (unless the winners use their marks as part of the trademarks);

(1) as a trademark or similar trademark indicating that the goods belonging to other people's business have been widely recognized among demanders, it is used in the goods or similar goods;

(11) a registered trademark or a trademark similar to it that has been applied for by others before the date of filing the application for trademark registration is used in the designated goods that belong to the trademark registration (referring to the goods designated according to the provisions of Article 6, paragraph 1, including the situations where Article 68, paragraph 1, applies mutatis mutandis), the same below. ) or similar goods;

(12) registered protective marks with others (refers to the marks registered with protective marks, the same below. ) the same trademark, used in the designated goods registered with the protective mark;

(13) The date when the trademark right is extinguished (when the trademark registration is judged to be invalid) is the date when the judgment is confirmed. The same below. ) a trademark of another person that has not passed one year (except that the person has not used it for more than one year before the date when the trademark right is eliminated) or a similar trademark is used in the designated goods belonging to the trademark right or similar goods;

(14) trademarks with the same or similar names as those of varieties registered in accordance with the provisions of the first paragraph of Article 12 quater of the Seedling Law (Law No.115 of the 22nd year of Showa) are used for seedlings of this variety or similar commodities;

(15) Trademarks that are easily confused with goods belonging to other people's businesses (except those listed from Item 1 to the preceding paragraph);

(16) trademarks that may be misunderstood about the quality of the goods.

(2) the provisions of the same paragraph shall not apply to national or local public organizations or their organs, non-profit-making public welfare organizations, or those engaged in non-profit-making public welfare undertakings when applying for trademark registration of the trademark in item 6 of the preceding paragraph.

(3) although it is a trademark equivalent to items 8, 1 or 15 of the first paragraph, these provisions shall not apply if the application for trademark registration does not conform to items 8, 1 or 15 of the contract price.

(4) according to the provisions of article 53 bis, when the judgment that the trademark registration should be cancelled has been confirmed, when the petitioner of the trial applies for trademark registration of a trademark or a similar trademark that has been cancelled according to the judgment, the provisions of item 13 of the first paragraph shall not apply.

[Application for Trademark Registration]

Article 5 An applicant for trademark registration shall submit the written materials and necessary instructions of the trademark to be registered to the head of the licensing office in an application that records the following matters:

(1) the name and address or residence of the applicant for trademark registration, or the name of its representative if it is a legal person;

(2) the date of application;

(3) the difference between the designated commodities and the commodities specified in the first paragraph of the next article.

(2) a trademark similar to its registered trademark or the trademark for which registration is being applied is used in the designated goods of the registered trademark or the trademark for which registration is being applied; Or his own registered trademark, a trademark for which he is applying for trademark registration or a trademark similar to it, is used in goods similar to the designated goods of the registered trademark or the trademark for which he is applying for registration; When a trademark is to be registered, the number of the trademark registration or the application for trademark registration must be recorded in the application form.

(3) in the written form specified in the first paragraph, the part of the trademark that is the same color as the written paper shall be deemed not to be part of the trademark. However, unless the range of coloring is specified, the part to be colored with the same color as the paper is indicated on the paper.

chapter iii trademark rights

section 1 trademark rights

[establishment of registration of trademark rights]

article 18 a trademark right is created according to the establishment of registration.

(2) according to the provisions of the first paragraph of Article 4, after paying the registration fee, the establishment of trademark rights shall be registered.

(3) after the registration mentioned in the preceding paragraph, the name, address or domicile of the trademark owner, the registration number and the year, month and date of establishment of the registration shall be published in the trademark bulletin.

[period of validity]

Article 19 The period of validity of a trademark right is ten years (counting from the date of establishment of the registration), except for the following occasions:

(2) The period of validity of a trademark right may be renewed according to the application for renewal of registration. However, in the case of the trademarks listed in Item 5, Item 7 or Item 16;

(1) If the registered trademark is equivalent to items 1 to 3 of Paragraph 1 of Article 4, that is, before the end of the period specified in Paragraph 2 of the same Article), no trademark owner, exclusive use right owner or general use right owner has used the registered trademark for any designated commodity in Japan (if there are other trademarks that are joint trademarks with the registered trademark, they are the registered trademark and other registered trademarks).

(2) Before updating the application for registration (the third paragraph of the following paragraph applies).

(3) In the case mentioned in Item 2 of the proviso of the preceding paragraph, if the registered trademark is not used for the designated commodity, the provisions of the same item shall not apply if there are justifiable reasons.

[Registration for renewal of validity]

Article 2 An applicant for renewal of registration of the validity of a trademark right shall submit an application to the head of the franchise office, which shall record the following items:

(1) The name and address or domicile of the applicant, or the name of its representative if it is a legal person;

(2) the registration number of the trademark registration.

(2) An application for renewal of registration must be filed six to three months before the expiry of the validity period of the trademark right.

(3) An applicant who fails to file his application within the time limit stipulated in the preceding paragraph due to reasons not attributable to the applicant for renewal of registration is not subject to the restrictions stipulated in the same paragraph, and may file his application within 14 days from the date when the reason is lost, and within two months after the time limit.

(4) when there is an application for renewal of the registration of the validity period of the trademark right, it can be considered that the validity period has been updated. However, this restriction does not apply when it is confirmed that the application should be rejected, or there is already a registrant who updates the validity period of the trademark right.

Article 2 bis An applicant for renewal of registration must submit one of the following documents to the Director of the Franchise Office at the same time of application:

(1) It can be proved that his application is not the necessary document equivalent to the second item of the proviso in the second paragraph of Article 19;

(2) documents that are sufficient to explain the justified reasons stipulated in the third paragraph of Article 19.

Article 21 When the application for renewal and registration of the trademark right is equivalent to one of the following items, the examiner must make a verification that the application should be rejected:

(1) When the registered trademark applied for is equivalent to Item 1 of the proviso in Paragraph 2 of Article 19;

(2) The documents cited in the first paragraph of the same article submitted in accordance with the provisions of the preceding article cannot be considered as not conforming to the second paragraph of Article 19, or the documents cited in the second paragraph of the same article submitted in accordance with the provisions of the preceding article cannot be considered as justified as stipulated in the third paragraph of Article 19;

(3) when the applicant is not the owner of the trademark right.

(2) When the examiner finds no reasons for refusing the application for renewal of registration of trademark rights within the validity period, he shall examine and approve the renewal of registration.

[Effectiveness of Trademark Right]

Article 25 The owner of a trademark right has the exclusive right to use a registered trademark on a designated commodity. However, when the exclusive right to use the trademark has been established, the exclusive scope of the exclusive right to use the registered trademark is not subject to this restriction.

Article 26 The effectiveness of a trademark right cannot reach the following trademarks:

(1) A trademark that represents one's portrait or one's name or famous alias, stage name or pen name or their famous abbreviations in a common way;

(2) a trademark that expresses the common name, place of origin, place of sale, quality, raw materials, efficacy, use, quantity, shape, price or production, processing or use method or time limit of the designated commodity or similar commodities in a common way;

(3) the trademark used for the designated commodity or similar commodities.

(2) after the establishment and registration of the trademark right, the provisions in the first paragraph of the preceding paragraph shall not apply to the use of one's portrait or one's name or famous alias, stage name or pen name or their famous abbreviations for the purpose of unfair competition.