Trademark Search
We offer trademark clearance searches to determine, before filing an application for registration of a trademark, whether the trademark is identical or similar to a trademark of any third party registered in Japan prior to yours. We also offer trademark searches to determine, before commencement of use of a trademark in Japan, whether the trademark is identical or similar to a trademark of any third party registered in Japan prior to your use.
If the search result is not favorable, the trademark of which registration is to be sought for or which is to be used, may have to be changed. Thus, precise searches and legally reasonable determination based on the search results are of importance. We conduct high precision trademark searches using the trademark search tools provided by the JPO, as well as professional trademark search engines, and provide legally highly reasonable determination with reference to precedents of courts.
Application for Trademark Registration
For clients’ safe use of their trademarks, we support clients to obtain trademark registrations with right scopes for their business strategies through thorough consulting with the clients, using our expertise and long experience in trademark application prosecution. For example, we make proposal on which goods/services should be designated in the client’s application according to the Japanese laws and local practice, based on the Examination Guidelines for Similar Goods and Services provided by the JPO.
We also provide advice on appropriate use of clients’ trademarks. A trademark may acquire, through its use, a significant power to attract consumers. However, a trademark, if misused, could be cancelled by way of a cancellation trial or other means. Appropriate use of trademarks is thus vital.
Please click here for the flow of trademark prosecution.
Application Prosecution for Trademark Registration
During examination of a client’s application, where the JPO identifies a prior trademark of a third party which is similar to the client’s as a bar to registrability, we review the reasonability of Examiner’s opinions on similarity of marks and goods/services, and advise possible measures to take, such as reasoned arguments against the Examiner’s opinions, amendment of the description of designated goods, negotiation with the proprietor of the prior trademark, and a trial for cancellation of trademark based on non-use. Based on our extensive experience and careful review of vast court precedents from past to present, we propose the best solution to the problem and support the client to obtain a strong trademark right.
Flow
1 Registration fee must be paid within 30 days from the mailing date of Decision of Registration.
2 If the registration is to be renewed, a renewal application must be filed within 6 months prior to the date of expiration of the registration.