What should I know before I file a trademark application?
“First to File” principle is one of the main thing that you should know before filing a trademark application in Japan.
The “First to File” principle is defined in Article 8 of the Trademark Act. According to this article, when two or more applications are filed on different dates to register an identical or similar trademark, only the applicant who filed the application first will be entitled to register that trademark. This means that if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be rejected. Therefore, before filing a trademark application, please be sure to search prior trademarks to see if identical or similar trademarks have been registered by other applicants.
It is also to be noted that in accordance with with Article 3 and Article 4(1) of the Trademark Act, if no trademark applications have been filed earlier or if no registered trademarks exist, your trademark still might not be able to be registered if it corresponds to either of the trademarks stipulated in. In addition, the “Examination Guidelines for Trademarks” is helpful for letting you know what kinds of trademarks cannot be registered.
Trademark Registration Office in Japan
Patent Attorney：Hiroshi Oogai
Address：304 BUREX Hirakawacho 1-5-15, Hirakawa-cho,
Chiyoda-ku, Tokyo, Japan
Phone：＋81-3-4570-0792
Mail：contact @ trademark-registration-japan.com
