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Because Japan applies a strict first-to-file rule, opportunistic filers often racing to register brands before the rightful owners can act. If you don't secure protection early, you risk rebranding, expensive buybacks, or losing the brand entirely.
This guide walks you through every step of registering a trademark in Japan, ensuring your brand is protected from day one. You'll learn the process, key costs, timelines, and expert strategies under Japanese trademark law and with the Japan Patent Office (JPO).
What Is a Trademark in Japan?
Trademarks in Japan are governed by the Trademark Act (商標法 or Shōhyōhō) and administered by the Japan Patent Office in Tokyo. A registered mark grants nationwide exclusivity and is the legal foundation for enforcement in courts and through Japanese Customs.
Why Register a Trademark in Japan?
- Exclusive trademark rights nationwide: Japan's first-to-file rule means the first applicant usually prevails, regardless of prior unregistered use. Filing late can mean rebranding or costly buybacks.
- Easier trademark enforcement: Registration supports Japanese Customs border enforcement and online takedowns, providing leverage against infringers.
- Commercial value: A registered mark can be licensed, franchised, or sold.
- Market size and channels: Japan remains one of the largest consumer markets globally, with significant luxury and e-commerce activity, making enforceable rights on platforms like Rakuten, Amazon Japan, and Yahoo! Japan Shopping essential.
Japan Trademark Registration: A Step-by-Step Guide
1. Clearance Search
Search the JPO database (J-PlatPat) for identical or similar marks. A professional search helps avoid costly objections and disputes. See our walkthrough: How to Conduct a Trademark Clearance Search.
2. Select the Right Trademark Classes
Japan follows the Nice Classification (45 classes). Be precise. Overly broad lists can create delays and expose unused goods/services to non-use cancellation.
3. File the Trademark Application
Foreign applicants without a Japanese address must appoint a local representative (typically a lawyer). Japan accepts Madrid Protocol designations, but deadlines for responding to provisional refusals are tight and you will still need Japan trademark counsel. Many brand owners prefer direct national filing with the Japan Patent Office for predictability and examiner communication. See International Trademark Registration: A Step-by-Step Guide to the Madrid System (2025)
4. Examination
The JPO reviews absolute grounds (distinctiveness; public order/morality) and relative grounds (conflicts with earlier marks). Expect roughly 6–12 months to first action in smooth cases.
5. Respond to Office Actions
If your Japan trademark filing is refused, you generally have 3 months to respond (extensions may be granted upon request). Missing a deadline leads to abandonment.
6. Publication and Opposition
Accepted marks are published for a 2-month opposition period. Any third party may oppose.
7. Japan Trademark Registration
If unopposed (or you prevail), your mark registers for 10 years from the registration date, renewable indefinitely. Renewal fees can be paid as a lump sum or in two installments.
Japan Trademarks: Frequently Asked Questions (FAQ)
How much does it cost to register a trademark in
Japan?
Government fees are roughly ¥40,200 per class for filing and
registration (lump-sum route). Professional fees vary with
complexity, objections, and translations, but registration in one
class can be accomplished in most cases for under USD 2,000.
Note: Fees change—confirm current JPO fees and exchange
rates.
Should I use the Madrid Protocol or file directly in
Japan?
Madrid can be cheaper upfront, but Japan often issues provisional
refusals with tight response deadlines, and you'll still need
Japanese counsel to respond. Direct national filing provides more
flexibility and clearer dialogue with examiners—often
preferable for high-value brands.
How long does Japan trademark protection
last?
Ten years from the registration date, renewable indefinitely in
10-year increments. Renewal can be paid in a lump sum or two
installments.
Can I register a Japan trademark from
abroad?
Yes. If you lack a Japanese address, you can appoint a local
representative (benrishi) to handle your Japan Patent
Office communications.
What happens if I don't use my trademark in
Japan?
It can be cancelled after three consecutive years of non-use
following registration. Any interested party may petition for
cancellation. Keep organized evidence of sales, ads, and packaging
directed at Japan.
Should I register Japanese-script versions of my
mark?
Yes. Katakana/kanji versions can be critical for recognition and
enforcement. Many trademark infringers exploit script
differences.
Does Japan allow non-traditional
trademarks?
Yes. Sound, motion, color, hologram, and position marks are
recognized.
Recent Reform: The New Consent System in Japan Trademark Law
Since April 1, 2024, the JPO may allow registration of a mark similar to an earlier one if the prior owner consents and consumer confusion is unlikely.
Japan Trademark Registration Costs and Timelines
- Government fees: About ¥40,200 per class (filing + registration). Renewal fees are currently ¥43,600 per class for a 10-year term. Payment may be made in a lump sum or in two installments. Note: These are approximate government fees as of late 2024. Fees are subject to change, so always consult the JPO's official fee schedule.
- Timeline: 12–18 months if straightforward; up to 3 years if opposition or complex refusal occurs.
Key Considerations for Foreign Companies
- File early: Squatting is common; waiting is risky. File before you launch, not after problems arise.
- Language/script: Register both English and Japanese versions (katakana/kanji).
- Madrid vs. national filing: Balance upfront cost against control and timing.
- Customs recordation: Use Japan's border-suspension procedure to block infringing imports.
Pre-Filing Checklist for Japan
Before filing your Japan trademark application, you should ensure you have:
- Conducted a clearance search on J-PlatPat and Google
- Identified your target classes (Nice Classification)
- Prepared both English and Japanese versions of your mark
- Confirmed goods/services descriptions meet JPO practice
- Budgeted for the full process (filing through registration)
Already selling in Japan? Collect evidence of use (invoices, ads, packaging) before filing—you may need it for enforcement or to defend against non-use cancellation.
How to Enforce a Trademark in Japan
- Civil actions: Japanese courts grant injunctions, damages, and destruction orders. Damages may be based on lost profits, infringer's profits, or reasonable royalties.
- Criminal actions: While possible, criminal prosecution is typically reserved for serious, large-scale counterfeiting rings, with a high bar of proof.
- Customs enforcement: Recordation empowers Customs to suspend suspect shipments before they reach the market.
- Online enforcement: Rakuten, Amazon Japan, and Yahoo! Japan accept takedown requests; pairing online steps with court or Customs action is most effective.
Trademark Licensing and Assignment in Japan
- Exclusive licenses: Record with the JPO to bind third parties.
- Non-exclusive licenses: Valid without recordation, though recordation can strengthen enforcement.
- Assignments: Must be recorded with the JPO to be effective against third parties.
Use Requirements: Japan Trademark Non-Use Cancellation
Marks not used for three consecutive years after registration are vulnerable to cancellation at the request of an interested third party. Keep records of use (packaging, ads, invoices, Japan-targeted websites).
Common Trademark Pitfalls in Japan
- Filing too late: Japanese filers monitor foreign brands—file before product announcements.
- Ignoring katakana/kanji versions: Protect both English and Japanese scripts from day one.
- Overbroad classifications: For example, "computer software" when you only sell mobile apps invites non-use cancellation.
- Relying solely on Madrid: Tight deadlines and frequent provisional refusals make direct filing safer for mission-critical marks.
Ready to Secure Your Brand in Japan?
Don't risk losing your IP to trademark squatting in Japan. Our international trademark attorneys can guide you end-to-end—from clearance and filing (national or Madrid Protocol Japan) to enforcement, Customs recordation, and ongoing monitoring with the Japan Patent Office.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
