Japanese Trademarks

(1) Requirements for Registrability of Trademark Right

1. Substantive requirements

The following trademarks will be refused as they are deemed not to meet the substantive requirements.

1. Trademarks which do not enable consumers to differentiate the applicant’s goods or services from those belonging to other parties e.g. whether the trademark is the common name of goods or services, the quality of goods or services, or the shape of goods or their packaging.

2. Trademarks which are unregistrable for reasons of public interest or for the protection of private interests e.g.
(1) whether the trademark is identical or similar to national flags etc.;
(2) whether the trademark is identical or similar to registered trademark for identical or similar goods/services;
(3) whether the trademark is identical or similar to a well-known or famous trademark (in Japan and abroad)

2. Renewal of trademark right

The duration of a trademark right is 10 years from the date of registration and is renewable repeatedly. Renewing the term for registration of a trademark right is only applying and paying the renewal fee.

(2) Procedures for Obtaining A Trademark Right

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