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Japan Logo are required register
IP protection from Japan Patent Office (JPO). JPO is the government body
responsible for registering IP protection. Japan has a very sophisticated IP
system. The highest number of patents granted worldwide originate from Japanese
residents.
In general terms, the Japan Logo
registration process and protection of IP in Japan is similar to Australia. The
Japan Logo application for filing must be submitted in Japanese.
Registrable as a Japan Logo
In Japan, registrable marks must
be distinctive and three dimensional marks are registrable. However, sound or
smell is not registrable in Japan.
Marks that are not considered as
distinctive include common names of goods, very simple marks including two
initials represented in a simple common design, descriptive marks (i.e., marks
indicating in a common way, the origin, place of sale, quality, raw materials,
use, quantity, etc.).
However, it may be possible to
obtain registration of the above mentioned marks if the applicant can establish
that consumers recognize the goods or services as being connected with its
business as a result of long and extensive use of the mark.
Japan Logo Application
What must be indicated in when
submit Japan Logo application? (Can be apply an japan Logo name individual or
company)
- Register by Individual
1) Name and address of Applicant
2) Passport photocopy of
applicant
3) Mark (wordmark, device mark,
3D mark)
4) List of Goods and/or
Services, and Classification
- Register by Company
1) Name of the director and
address of Company
2) Passport photocopy of
Director
3) Photo copy Of Company
Incorporation Certificate
4) Mark (wordmark, device mark,
3D mark)
5) List of Goods and/or
Services, and Classification
It is possible to cover more
than one class of goods or services in an application. You cannot include more
than one mark in an application. However, you can add Japanese characters to
your foreign-word Logo and file it in a single application.
Japan has adopted the
International Classification. Priority must be claimed at the time of filing. A
certified copy of the original foreign application must be submitted within
three months from the Japanese filing date.
As to three-dimensional marks,
it is necessary to submit photographs or drawings showing the mark in different
perspectives, such as front, rear and perspective. Once an application is
filed, an application number will be assigned.
Japan Logo Examination
Once an application is filed,
the examiner at the Japanese Patent Office will examine it. If the examiner
finds that the Logo cannot be registered, he/she will issue a Notification of
Reasons of Refusal and grants the applicant an opportunity to respond to the
examiner's findings. Normally, a response must be submitted within three months
from the mailing date of the Notification of Reasons of Refusal. If necessary,
a one-month extension of time to respond can be requested. Although the
descriptions of goods and/or services may be amended, it is not possible to
amend the mark itself.
If the examiner is not persuaded
by the response, he/she will issue a final rejection. In order to challenge the
examiner's decision, it is possible to file an appeal against the final
rejection. Since an appeal is examined by a group of three or five examiners, a
more objective decision can be expected.
Establishment of a Japan Logo Right
Logo rights will be established
and recorded in a Logo register. The Logo rights are effective for ten years
from the date of registration. If a registered mark is not used for more than
three years in Japan, the registration can be canceled by a third party's
request based on non-use. If such a request is filed, the registrant must
produce proof of use of the registered mark within a prescribed time.
Japan Logo Publication
After registration is
established, the registration will be published for opposition. Anyone can file
an opposition within two months from the date of publication.
Japan Logo Opposition
Within two months from the date
of publication of Logo registration, anyone can file an opposition. If the
opposition board decides to cancel the registration, the opposition board
issues a Notice of Reasons for Cancellation to the registrant. Then, the
registrant can file an argument within three months from the mailing date of
the notice.
Japan Logo Renewal
The Japan Logo is registered for
10 years start from the filing date, and is renewable by 10-year periods. Its term
can be renewed for subsequent ten year periods, but a request for renewal must
be filed within six months before the current term expires
Contact us
If you have further queries, please contact Tannet
24 hours Malaysia hotline：603-21418908;
24 hours Hong Kong hotline：852-27837818;
24 hours Hong Kong hotline：86-755- 36990589;
Email: mytannet@gmail.com
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