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TRADEMARK

Trademark Law and Systems

1: What can be a “Trademark” in Japan?

2: What type of shape can be registered as 3D trademark?

3: In Japan, can sounds, smells, and position marks be registered as trademarks?

4: In Japan, can trademarks be registered for retail services?

5: Is “registration” necessary to protect a trademark in Japan?

6: Is “use” in Japan necessary for registration of a trademark?

7: What do I need to do to obtain trademark registration?

8: How is a well-known trademark protected in Japan?

9: If the registered trademark has become famous in Japan, is there any way to protect the registered mark in addition to the trademark registration?

10: Is there a letter of consent system in Japan?

11: Is there a disclaimer system?

Application and Examination

1: When filing a trademark application in Japan, is it better to file an international application or file it directly?

2: Can applicants use the Class Headings in the Nice International Classification to designate goods/services directly in Japan?

3: How are similar goods/services identified?

4: Is there restrictions on filing a trademark application for an unused mark?

5: I have already obtained a trademark right in my home country. Can I enjoy the priority benefit from this right when applying for a trademark in Japan?

Renewal, Revocation and Formalities

1: How long is a trademark right protected?

2: When may the owner of a trademark registration file a request to renew the registration?

3: Can applicants delete some classes when filing a request for renewal?

4: Are there any ways to revoke a registered trademark?

5: In Japan, when is the power of attorney necessary?

6: What problems commonly occur when changing the name, address, etc. of the owner of the registration and transferring the registration to a new owner?

JAPANESE IP