When an applicant receives a provisonal refusal under the Madrid Protocol from the Japan Patent Office, the applicant should immediately contact a Japanese associate for a legal advice. In … [Read more...]
Registrable Trademark (Art. 2)
Any characters, figures, signs, or three-dimensional shapes, or any combination thereof, or any combination thereof with colors, can be registered as a trademark. Color, sound and smell cannot be … [Read more...]
General Grounds for Refusal (Art. 4)
Article 4(1) defines nineteen grounds for refusals. The followings are typical grounds for refusal for trademark applications, which a patent and trademark attorney often receives from the Japan … [Read more...]
Similarity (Art. 4(1)(10) and (11))
According to the Japanese trademark Law Article 4(1)(10) and (11), the following trademark is unregistrable. (10) Trademark which is identical with, or similar to, another party’s trademark … [Read more...]
Distinctiveness (Art. 3(1))
According to the Japanese Trademark Law Article 3(1), the following marks are unregistrable due to lacking of distinctiveness. Trademark solely consisting of a mark indicating the common name of … [Read more...]
Examination Procedure
Upon filing of a trademark application, the formality division of the Japan Patent Office examines formality requirements of the trademark application. After the formality examination, the examining … [Read more...]
Required Information for Japanese Trademark Application
In order to register a trademark with the Japan Patent Office, a trademark application must be filed. The application requires basic information, such as the following: The trademark The goods … [Read more...]