What is a "trademark"? The filing process, fees, and what to do if your application is refused. Plain-language explanations for SMEs and sole proprietors by a licensed attorney and patent attorney.
A trademark is a mark used to distinguish your goods or services from those of others. Shop names, product names, logos, and catchphrases can all serve as trademarks.
For example, suppose you run a ramen restaurant called "XX-Ken." Customers see that name and recognize it as "that great ramen place." This power to link a name with a business is the essence of a trademark.
Trademark registration is the process of registering this mark with the Japan Patent Office (JPO) and obtaining the exclusive right to use it throughout Japan (a trademark right).
Trademarks are not limited to text alone. The following types can be registered:
Trademarks consisting solely of text. Includes shop names, product names, and catchphrases. This is the most common type of filing.
Trademarks consisting of logos, symbol marks, or other graphic elements.
Trademarks combining text and graphics, such as a logotype paired with a symbol.
Trademarks in three-dimensional form, such as product containers or character figurines.
Trademarks consisting of sounds, such as commercial jingles. Filing has been available since 2015.
Trademarks consisting solely of specific colors that symbolize a brand.
Do you believe that registering your company name at the Legal Affairs Bureau means your name is protected? This is an extremely common misconception.
| Trade Name (Company Registration) | Trademark Registration | |
|---|---|---|
| Legal Basis | Companies Act / Commercial Code | Trademark Act |
| Registered With | Legal Affairs Bureau | Japan Patent Office (JPO) |
| Scope of Effect | Only restricts identical trade names at the same address | Exclusive use throughout Japan |
| Can you stop others from using it? | Generally, no | Injunctions and damages claims are available |
| Can it be used for goods/services? | Only as a corporate designation | Protected as a brand for goods and services |
Here is what you need to prepare before filing a trademark application.
Before filing, you should check whether the same or a similar name has already been registered. You can search the JPO's J-PlatPat database yourself, but assessing similarity requires specialized expertise.
Our office conducts the prior search as part of the filing consultation. If the search reveals risks, we will also propose alternatives. The search is performed as part of the filing process, so there is no separate search fee.
Trademarks are filed by designating the specific goods or services with which the mark will be used. It is important to organize "what you will use it for" in advance.
Decide whether to file under an individual name or a corporate name. Sole proprietors can file under their personal name. If incorporation is planned, the ownership can be transferred later.
Trademarks are filed by designating goods and services according to 45 internationally standardized classes (the Nice Classification). Classes 1 through 34 cover goods, while Classes 35 through 45 cover services.
From initial consultation to completed trademark registration, the process typically takes about 8 to 10 months.
We learn about your shop name, product names, and business situation. We also advise on whether trademark registration is necessary in the first place.
We investigate whether identical or similar trademarks have already been registered. If risks are identified, we propose alternatives.
We finalize the designated goods/services, prepare the application, and submit it to the JPO. An application number is assigned at the time of filing.
The JPO checks the documents for formal deficiencies. If any are found, an amendment order is issued.
An examiner reviews whether the application meets registration requirements, including similarity to prior trademarks.
If no issues are found, a decision to grant registration is issued. If issues exist, a notice of reasons for refusal is sent (with an opportunity to respond).
The registration fee must be paid within 30 days of the decision to grant. You can choose to pay for the full 10-year term or in 5-year installments.
A trademark registration certificate is issued. The registration is valid for 10 years from the registration date and can be maintained indefinitely through renewal.
JPO examiners review the following points. Understanding the main grounds for refusal can help you prepare before filing.
A trademark must have the ability to distinguish your goods or services from others — i.e., "distinctiveness." Names that merely describe the quality, place of origin, or function of a product are considered generic expressions that anyone should be able to use, and as a general rule cannot be registered.
Examples that are difficult to register: "Delicious Bread" for a bakery, "Saga Onsen" for a hot spring facility, "Discount Electronics" for an electronics store, "Saga Ramen" for a ramen shop — these directly describe the content or origin of the goods/services and cannot function as distinctive identifiers for a specific business.
Examples that can be registered: Names like "Yamazaki," "Uniqlo," and "Starbucks" have no direct connection to the content of the goods or services and possess distinctiveness, so they are eligible for registration.
If a trademark is similar to an already-registered mark, it cannot be registered for identical or similar designated goods/services. Similarity is assessed comprehensively from three perspectives: pronunciation (sound), appearance (visual impression), and concept (meaning).
Similar pronunciation example: "SUSHIHIDE" and "Sushi-Hide" — although the characters differ, the pronunciation is the same, so they may be found similar.
Similar appearance example: "SONYA" and "SONY" — the visual appearance is similar and hard to distinguish at a glance, so they may be found similar.
Similar concept example: "King" and its Japanese equivalent — although the languages differ, the meaning is the same, so they may be found similar.
Trademarks with socially inappropriate content or that risk disrupting public order cannot be registered.
Trademarks containing another person's name, business name, or well-known stage name cannot be registered without that person's consent.
While the standard examination takes approximately 6 to 8 months from filing, the Accelerated Examination system is available when certain requirements are met. If approved, examination results can be obtained in approximately 2 months.
To apply for accelerated examination, the following requirements must be met:
If you are filing a name that you are already using as a shop name or product name, you are more likely to meet these requirements. However, for brand-new names not yet in use, the system may not be available.
During the examination process, you may receive a "Notice of Reasons for Refusal" (office action). While the word "refusal" may sound alarming, this is not a final rejection. Rather, think of it as an opportunity for dialogue with the examiner.
Many applications receive a notice of reasons for refusal, and a significant proportion of them proceed to registration through an appropriate response. An office action is a normal part of the examination process and is not unusual.
This is a document arguing against the reasons for refusal. You present reasons why your trademark is not similar to the cited prior trademark, for example. It must be submitted within 40 days.
By narrowing the scope of designated goods/services or otherwise amending the application, you can resolve the grounds for refusal. Amendments are often filed together with the written opinion.
Even if a written opinion does not overturn the refusal and a final decision of refusal is issued, you can file an appeal for re-examination. There are cases where registration is granted on appeal.
The costs of trademark registration consist of two components: our professional fees and the government fees (stamp duties) paid to the JPO.
| Item | Amount | When Due |
|---|---|---|
| Prior Trademark Search | Free | — |
| Filing Professional Fee | USD 660 | At filing |
| JPO Filing Fee (Government) | JPY 12,000 | At filing |
| Subtotal at Filing | USD 660 + JPY 12,000 | |
| Registration Professional Fee | USD 440 | After decision to grant |
| JPO Registration Fee – 10 years (Government) | JPY 32,900 | After decision to grant |
| Subtotal at Registration | USD 440 + JPY 32,900 | |
| Total | USD 1,100 + JPY 44,900 | Paid in 2 installments |
* If paying the registration fee in 5-year installments: JPY 17,200 (for 5 years). Renewal is required after 5 years.
| Item | Amount | When Due |
|---|---|---|
| Prior Trademark Search | Free | — |
| Filing Professional Fee | USD 1,100 | At filing |
| JPO Filing Fee (Government) | JPY 20,600 | At filing |
| Subtotal at Filing | USD 1,100 + JPY 20,600 | |
| Registration Professional Fee | USD 660 | After decision to grant |
| JPO Registration Fee – 10 years (Government) | JPY 65,800 | After decision to grant |
| Subtotal at Registration | USD 660 + JPY 65,800 | |
| Total | USD 1,760 + JPY 86,400 | Paid in 2 installments |
| Item | Amount | When Due |
|---|---|---|
| Prior Trademark Search | Free | — |
| Filing Professional Fee | USD 1,540 | At filing |
| JPO Filing Fee (Government) | JPY 29,200 | At filing |
| Subtotal at Filing | USD 1,540 + JPY 29,200 | |
| Registration Professional Fee | USD 880 | After decision to grant |
| JPO Registration Fee – 10 years (Government) | JPY 98,700 | After decision to grant |
| Subtotal at Registration | USD 880 + JPY 98,700 | |
| Total | USD 2,420 + JPY 127,900 | Paid in 2 installments |
| Case | Estimated Additional Cost |
|---|---|
| Responding to an office action (written opinion / amendment) | USD 300–500 |
| Appeal against examiner's decision of refusal | USD 1,100 and up |
| Renewal registration (every 10 years) | USD 220 professional fee + JPY 43,600/class (JPO) |
| Accelerated examination request | USD 220 (no JPO fee) |
Trademark registration is not a "set it and forget it" matter. To maintain and leverage your rights, keep the following points in mind.
A trademark right lasts for 10 years. By renewing the registration, you can maintain it indefinitely. Managing renewal deadlines is critical. Our office provides renewal reminders.
After registration, you may display the ® mark on your products and packaging. While not a legal requirement, it signals to others that the trademark is registered.
Regularly check whether other businesses are using similar names or logos. If infringement is discovered, early action is important.
A trademark that has not been used for three or more years without a legitimate reason may be cancelled at the request of a third party (Trademark Act, Article 50). Continue to use your registered trademark.
If you are considering expanding overseas, you should also consider trademark registration abroad. In China in particular, there have been frequent cases of "bad-faith filings" where unrelated third parties register well-known Japanese brands as their own trademarks (see the Crayon Shin-chan case).
Administered by WIPO (the World Intellectual Property Organization), this system allows you to file trademark applications in multiple countries through a single filing.
Having a trademark registration allows you to take legal action if someone uses your trademark without authorization.
You can demand that the infringer cease using the trademark. You can also request the destruction of infringing goods and the removal of equipment used for infringement.
You can claim compensation for damages caused by the infringement. The Trademark Act provides provisions for estimating damages, calculated based on the infringer's profits, among other factors.
If your reputation has been damaged by the infringement, you can request corrective measures such as publication of a corrective notice.
Intentional trademark infringement is punishable by up to 10 years imprisonment or a fine of up to JPY 10 million, or both. For corporate entities, fines of up to JPY 300 million may apply.
If you have concerns such as "a shop with a similar name has appeared" or "someone is using our trademark without permission," please consult us as soon as possible.
Contact Us →"Do I even need a trademark?" — We welcome inquiries at any stage, even the very earliest.