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■The Logo Mark of Regional Collective TrademarksThe logo to right, which was launched in January 2018, is used to identify local specialties as those that have been registered under the regional-collective-trademark system. It was created to raise awareness of the system.
TrademarkUpdates in JapanTrademarkUpdatesin Japan
Regional collective trademarks are trademarks that consist of regions’ names and the names of goods (and/or services) particular to the respective regions. They are registered by associations affiliated with the regions, who intend to let their members use the trademarks, aslong as the trademarks have become well known in a certain area.
egional Collective TrademarksRAfter completing formality checks, examiners conduct substantive examination. If they find no reasons for refusal, they will send a “Decision of Registration” to the applicant, and the trademark will be granted exclusive rights after the applicant pays the applicable registration fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome therefusal. If not resolved, the application will be refused. The applicant, in this situation, can appeal to reverse the examiner’s decision.
Japan Patent Office, Ministry of Economy, Trade and IndustryTrademark Division3-4-3 Kasumigaseki, Chiyodaku, Tokyo 100-8915, JapanJPO Website: https://www.jpo.go.jp/e/index.html
X A M I N A T I O N F L O WE
Registration No. 5068214「神戸ビーフ」(Kobe Beef) (Yokohama Chinatown)
Registration No. 5069264
PThe Japanese Trademark Act protects well-known trademarks that are recognized to be wellknown among consumers in Japan or abroad. There are a number of applicable provisions to protect well-known trademarks. For example, any trademarks which is identical with, orsimilar to, a trademark which is well known among consumers in Japan or abroad as that indicating goods or services pertaining to a business of another person, if the trademark is used for unfair purposes, cannot be registered (Article 4(1)(xix)).
rotection of Well-known Trademarks
Trademark Application
Formality CheckPublication of application
Written ArgumentWritten Amendment
Appeal against Decision of Refusal
[omitted]Invalidation trial Cancellation trial
Substantive Examination
Decision of Registration
Registration Fee Payment
Registration
Notification of Reasons for Refusal
Decision of Refusal
Publication of trademark gazette
Extinguishment /Renewal of right
OppositionIP High Court
Supreme Court
2 months
10 years
10 years*Post-registrationOpposition system since 1997
This brochure is printed using only the “A-ranked” paper which meets the criterion under the Law on Promoting Green Purchasing and can be recycled to paper.
In recent years, the number of trademark applications filed in Japan has been increasing everyyear, and reached a record high of around 190,000. The examination pendency for trademark applications at the Japan Patent Office (JPO) has been directly affected by the increase in filings. In 2014, the first action (FA) pendency was 4.1 months. However, by 2017 the FA had increased to 6.3 months. Also, the total pendency (TP) had increased to 7.7 months by 2017.
The JPO implements three, major initiatives to ensure quality management. They are quality assurance, verification, and evaluations. Quality assurance includes quality checks andapprovals by directors, consultations among examiners, the utilization of check sheets by examiners, and developing human resources. Quality verification includes quality audits, user-satisfaction surveys, and discussions between the examination and appealsdepartments. Evaluations, along with recommendations for improving quality management,are conducted by third parties.
As ways to shorten the examination pendency, the JPO has outsourced and computerized examination processes, as well as increased the number of assistants for examiners.
■Accelerated ExaminationsThe JPO conducts accelerated examination on trademark applications free of charge forapplicants that need to acquire rights sooner. However, there are certain requirements for accelerated examination, for example, the filed trademarks need to be either already in use or have been prepared to a considerable extent to be used. In addition, applicants need to submit requests for accelerated examination. The average FA period of accelerated examination was1.8 months (in 2017) from the date that accelerated examination was requested.
https://www.jpo.go.jp/e/system/trademark/shinsa/outline_accelerated_trademark.html
■Fast-Track ExaminationsUnder fast-track examination, if goods and/or services designated in trademark applications meet certain requirements, the first notices of examination results will be issued around2 months earlier than regular applications. This requires neither additional requests nor fees.
https://www.jpo.go.jp/e/system/trademark/shinsa/shohyo_fast_e.html
■Number of filings to register trademarks in Japan
■Percentage of filings by foreign applicants to register trademark
T A T I S T I C SS P E E DS U A L I T YQ
■Results of the User-Satisfaction Survey (FY2017)
■Percentage of filings for and registrations of non-traditional trademarks
on-traditional TrademarksN
12,412
95,648
11,788
107,222
13,696
103,978
12,672
111,770
15,984
131,299
13,835
148,024
17.328
108,060119,010 117,674
124,442
147,283
161,859
190,939
173.611
2011 2012 2013 2014 2015 2016 20170
50,000
100,000
150,000
200,000
(No. of filings)
(Month)
2012 2013 2014 2015 2016 2017 2018
FY2015
FY2016
FY20170.0
2.0
4.0
6.0
8.0
10.0
■ Trademark Appl.(Other than international trademark appl.)
■ International Trademark Appl.
■ China ■ EU ■ US ■ Korea
TP (Total Period)FA (First Action Period)
※The data of 2018FY is provisional value.
6.5 6.1 6.0 5.8
6.8
7.7
9.1
4.4 4.3 4.1 4.34.9
6.3
7.7
2013 2017
China9% China
28%
EU46% EU
35%
US38%
US29%
Korea7%
Korea8%
0 20 40 60 80 100
5.6 42.1 38.3 11.7 2.3
6.7 43.8 43.5 4.6 1.5
5.6 42.7 44.5 6.4 0.8
■ 5:Satisfied ■ 4:Relatively Satisfied ■ 3:Average ■ 2:Relatively Dissatisfied ■ 1:Dissatisfied
Total Sound Color Position Motion Hologram 3DFilings
Registrations
【Position Mark】 【3D Mark】 【Color Mark】
Registration No. 6034112 Registration No. 6031041 Registration No. 5933289
8,695(1,125)3,512(377)
624(1)251(0)
528(2)7(0)
436(22)69(11)
154(3)100(1)
19(0)12(0)
6,934(1,097)3,073(365)
(As of the end of November 2018)
In recent years, the number of trademark applications filed in Japan has been increasing every year, and reached a record high of around 190,000. The examination pendency for trademark applications at the Japan Patent Office (JPO) has been directly affected by the increase in filings. In 2014, the first action (FA) pendency was 4.1 months. However, by 2017 the FA had increased to 6.3 months. Also, the total pendency (TP) had increased to 7.7 months by 2017.
The JPO implements three, major initiatives to ensure quality management. They are quality assurance, verification, and evaluations. Quality assurance includes quality checks and approvals by directors, consultations among examiners, the utilization of check sheets by examiners, and developing human resources. Quality verification includes quality audits, user-satisfaction surveys, and discussions between the examination and appeals departments. Evaluations, along with recommendations for improving quality management, are conducted by third parties.
As ways to shorten the examination pendency, the JPO has outsourced and computerized examination processes, as well as increased the number of assistants for examiners.
■Accelerated ExaminationsThe JPO conducts accelerated examination on trademark applications free of charge for applicants that need to acquire rights sooner. However, there are certain requirements for accelerated examination, for example, the filed trademarks need to be either already in use or have been prepared to a considerable extent to be used. In addition, applicants need to submit requests for accelerated examination. The average FA period of accelerated examination was 1.8 months (in 2017) from the date that accelerated examination was requested.
https://www.jpo.go.jp/e/system/trademark/shinsa/outline_accelerated_trademark.html
■Fast-Track ExaminationsUnder fast-track examination, if goods and/or services designated in trademark applications meet certain requirements, the first notices of examination results will be issued around 2 months earlier than regular applications. This requires neither additional requests nor fees.
https://www.jpo.go.jp/e/system/trademark/shinsa/shohyo_fast_e.html
■Number of filings to register trademarks in Japan
■Percentage of filings by foreign applicants to register trademark
T A T I S T I C SS P E E DS U A L I T YQ
■Results of the User-Satisfaction Survey (FY2017)
■Percentage of filings for and registrations of non-traditional trademarks
on-traditional TrademarksN
12,412
95,648
11,788
107,222
13,696
103,978
12,672
111,770
15,984
131,299
13,835
148,024
17.328
108,060119,010 117,674
124,442
147,283
161,859
190,939
173.611
2011 2012 2013 2014 2015 2016 20170
50,000
100,000
150,000
200,000
(No. of application)
(Month)
2012 2013 2014 2015 2016 2017 2018
FY2015
FY2016
FY20170.0
2.0
4.0
6.0
8.0
10.0
■ Trademark Appl. (Other than international trademark appl.)■ International Trademark Appl
■ China ■ EU ■ US ■ Korea
TP (Total Period)FA (First Action Period)
※The data of 2018FY is provisional value.
6.5 6.1 6.0 5.8
6.8
7.7
9.1
4.4 4.3 4.1 4.34.9
6.3
7.7
2013 2017
China9% China
28%
EU46% EU
35%
US38%
US29%
Korea7%
Korea8%
0 20 40 60 80 100
5.6 42.1 38.3 11.7 2.3
6.7 43.8 43.5 4.6 1.5
5.6 42.7 44.5 6.4 0.8
■ 5:Satisfied ■ 4:Relatively Satisfied ■ 3:Average ■ 2:Relatively Dissatisfied ■ 1:Dissatisfied
Total Sound Color Position Motion Hologram 3DFilings
Registrations
【Position Mark】 【3D Mark】 【Color Mark】
Registration No. 6034112 Registration No. 6031041 Registration No. 5933289
8,695(1,125)3,512(377)
624(1)251(0)
528(2)7(0)
436(22)69(11)
154(3)100(1)
19(0)12(0)
6,934(1,097)3,073(365)
(As of the end of November 2018)
In recent years, the number of trademark applications filed in Japan has been increasing every year, and reached a record high of around 190,000. The examination pendency for trademark applications at the Japan Patent Office (JPO) has been directly affected by the increase in filings. In 2014, the first action (FA) pendency was 4.1 months. However, by 2017 the FA had increased to 6.3 months. Also, the total pendency (TP) had increased to 7.7 months by 2017.
The JPO implements three, major initiatives to ensure quality management. They are quality assurance, verification, and evaluations. Quality assurance includes quality checks and approvals by directors, consultations among examiners, the utilization of check sheets by examiners, and developing human resources. Quality verification includes quality audits, user-satisfaction surveys, and discussions between the examination and appeals departments. Evaluations, along with recommendations for improving quality management, are conducted by third parties.
As ways to shorten the examination pendency, the JPO has outsourced and computerized examination processes, as well as increased the number of assistants for examiners.
■Accelerated ExaminationsThe JPO conducts accelerated examination on trademark applications free of charge for applicants that need to acquire rights sooner. However, there are certain requirements for accelerated examination, for example, the filed trademarks need to be either already in use or have been prepared to a considerable extent to be used. In addition, applicants need to submit requests for accelerated examination. The average FA period of accelerated examination was 1.8 months (in 2017) from the date that accelerated examination was requested.
https://www.jpo.go.jp/e/system/trademark/shinsa/outline_accelerated_trademark.html
■Fast-Track ExaminationsUnder fast-track examination, if goods and/or services designated in trademark applications meet certain requirements, the first notices of examination results will be issued around 2 months earlier than regular applications. This requires neither additional requests nor fees.
https://www.jpo.go.jp/e/system/trademark/shinsa/shohyo_fast_e.html
■Number of filings to register trademarks in Japan
■Percentage of filings by foreign applicants to register trademark
T A T I S T I C SS P E E DS U A L I T YQ
■Results of the User-Satisfaction Survey (FY2017)
■Percentage of filings for and registrations of non-traditional trademarks
on-traditional TrademarksN
12,412
95,648
11,788
107,222
13,696
103,978
12,672
111,770
15,984
131,299
13,835
148,024
17.328
108,060119,010 117,674
124,442
147,283
161,859
190,939
173.611
2011 2012 2013 2014 2015 2016 20170
50,000
100,000
150,000
200,000
(No. of application)
(Month)
2012 2013 2014 2015 2016 2017 2018
FY2015
FY2016
FY20170.0
2.0
4.0
6.0
8.0
10.0
■ Trademark Appl. (Other than international trademark appl.)■ International Trademark Appl
■ China ■ EU ■ US ■ Korea
TP (Total Period)FA (First Action Period)
※The data of 2018FY is provisional value.
6.5 6.1 6.0 5.8
6.8
7.7
9.1
4.4 4.3 4.1 4.34.9
6.3
7.7
2013 2017
China9% China
28%
EU46% EU
35%
US38%
US29%
Korea7%
Korea8%
0 20 40 60 80 100
5.6 42.1 38.3 11.7 2.3
6.7 43.8 43.5 4.6 1.5
5.6 42.7 44.5 6.4 0.8
■ 5:Satisfied ■ 4:Relatively Satisfied ■ 3:Average ■ 2:Relatively Dissatisfied ■ 1:Dissatisfied
Total Sound Color Position Motion Hologram 3DFilings
Registrations
【Position Mark】 【3D Mark】 【Color Mark】
Registration No. 6034112 Registration No. 6031041 Registration No. 5933289
8,695(1,125)3,512(377)
624(1)251(0)
528(2)7(0)
436(22)69(11)
154(3)100(1)
19(0)12(0)
6,934(1,097)3,073(365)
(As of the end of November 2018)
■The Logo Mark of Regional Collective TrademarksThe logo to right, which was launched in January 2018, is used to identify local specialties as those that have been registered under the regional-collective-trademark system. It was created to raise awareness of the system.
Trademark Updates in JapanTrademark Updates in Japan
Regional collective trademarks are trademarks that consist of regions’ names and the names of goods (and/or services) particular to the respective regions. They are registered by associations affiliated with the regions, who intend to let their members use the trademarks, as long as the trademarks have become well known in a certain area.
egional Collective TrademarksRAfter completing formality checks, examiners conduct substantive examination. If they find no reasons for refusal, they will send a “Decision of Registration” to the applicant, and the trademark will be granted exclusive rights after the applicant pays the applicable registration fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome the refusal. If not resolved, the application will be refused. The applicant, in this situation, can appeal to reverse the examiner’s decision.
Japan Patent Office, Ministry of Economy, Trade and IndustryTrademark Division3-4-3 Kasumigaseki, Chiyodaku, Tokyo 100-8915, JapanJPO Website: https://www.jpo.go.jp/e/index.html
X A M I N A T I O N F L O WE
Registration No. 5068214「神戸ビーフ」(Kobe Beef) (Yokohama Chinatown)
Registration No. 5069264
PThe Japanese Trademark Act protects well-known trademarks that are recognized to be well known among consumers in Japan or abroad. There are a number of applicable provisions to protect well-known trademarks. For example, any trademarks which is identical with, or similar to, a trademark which is well known among consumers in Japan or abroad as that indicating goods or services pertaining to a business of another person, if the trademark is used for unfair purposes, cannot be registered (Article 4(1)(xix)).
rotection of Well-known Trademarks
Trademark Application
Formality CheckPublication of application
Written ArgumentWritten Amendment
Appeal against Decision of Refusal
[omitted]Invalidation trial Cancellation trial
Substantive Examination
Decision of Registration
Registration Fee Payment
Registration
Notification of Reasons for Refusal
Decision of Refusal
Publication of trademark gazette
Extinguishment /Renewal of right
OppositionIP High Court
Supreme Court
2 months
10 years
10 years*Post-registrationOpposition system since 1997
This brochure is printed using only the “A-ranked” paper which meets the criterion under the Law on Promoting Green Purchasing and can be recycled to paper.
■The Logo Mark of Regional Collective TrademarksThe logo to right, which was launched in January 2018, is used to identify local specialties as those that have been registered under the regional-collective-trademark system. It was created to raise awareness of the system.
Trademark Updates in JapanTrademark Updates in Japan
Regional collective trademarks are trademarks that consist of regions’ names and the names of goods (and/or services) particular to the respective regions. They are registered by associations affiliated with the regions, who intend to let their members use the trademarks, as long as the trademarks have become well known in a certain area.
egional Collective TrademarksRAfter completing formality checks, examiners conduct substantive examination. If they find no reasons for refusal, they will send a “Decision of Registration” to the applicant, and the trademark will be granted exclusive rights after the applicant pays the applicable registration fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome the refusal. If not resolved, the application will be refused. The applicant, in this situation, can appeal to reverse the examiner’s decision.
Japan Patent Office, Ministry of Economy, Trade and IndustryTrademark Division3-4-3 Kasumigaseki, Chiyodaku, Tokyo 100-8915, JapanJPO Website: https://www.jpo.go.jp/e/index.html
X A M I N A T I O N F L O WE
Registration No. 5068214「神戸ビーフ」(Kobe Beef) (Yokohama Chinatown)
Registration No. 5069264
PThe Japanese Trademark Act protects well-known trademarks that are recognized to be well known among consumers in Japan or abroad. There are a number of applicable provisions to protect well-known trademarks. For example, any trademarks which is identical with, or similar to, a trademark which is well known among consumers in Japan or abroad as that indicating goods or services pertaining to a business of another person, if the trademark is used for unfair purposes, cannot be registered (Article 4(1)(xix)).
rotection of Well-known Trademarks
Trademark Application
Formality CheckPublication of application
Written ArgumentWritten Amendment
Appeal against Decision of Refusal
[omitted]Invalidation trial Cancellation trial
Substantive Examination
Decision of Registration
Registration Fee Payment
Registration
Notification of Reasons for Refusal
Decision of Refusal
Publication of trademark gazette
Extinguishment /Renewal of right
OppositionIP High Court
Supreme Court
2 months
10 years
10 years*Post-registrationOpposition system since 1997
This brochure is printed using only the “A-ranked” paper which meets the criterion under the Law on Promoting Green Purchasing and can be recycled to paper.