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Japanese Trademark Registration Costs and Procedures

Under the Japanese Trademark Law, trademark right is created by registration of the trademark. Japan operates a "first-to-file" trademark examination and registration system. When two applications have been filed for similar or identical trademarks, the first application filed will be considered for approval. Japan trademark application can be based on an intent to use basis. No proof of use is required for the issuance of the trademark certificate. However, trademarks must be used within three years after registration or they may be nullified.

1.       Japanese Trademark Registration Fees

Note:

(1)     The fixed fees quoted above apply only to trademark applications which are unopposed and proceed without complication.

(2)     All fees quoted above do not include delivery fees.

2.       Example of Trademark Registration Costs in Japan

Example 1: One mark one class

If you want to apply to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear), that is, one mark one class, the total fees for both trademark pre-filing search and registration request and certificate are:

Pre-filing search: USD 225
Request for registration: USD 890
Final registration/Certificate: USD 820
TOTAL: USD 1,935

Example 2: One mark two classes

If you want to apply to have your trademark "ABC" registered in Class 25 (clothing, footwear, headgear) and Class 26 (Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers), that is, one mark two classes, the total fees for both trademark pre-filing search and registration request and certificate are:

Pre-filing search: 225 + 225 = USD 450
Request for registration: 890 + 500 = USD 1,390
Final registration/Certificate: 820 + 690 = USD 1,510

TOTAL: USD 3,350

Example 3: Two marks one classes

If you want to apply to have your trademarks "ABC" and "DEF" registered in Class 25 (clothing, footwear, headgear), that is, two marks one class, the total fees for both trademark pre-filing searches and registration requests and certificates are:

Pre-filing search: 225+ 225= USD 450
Request for registration: 890 + 890 = USD 1,780
Final registration/Certificate: 820 + 820 = USD 1,640
TOTAL: USD 3,870

The costs illustrated in the examples above are based on the assumption of a smooth application, that is, no objection being raised by the trademark office or any other third party. Also, the costs stated above exclude courier charges for sending the Power of Attorney and delivery of Certificate of Registration upon acceptance of registration.

It is further assumed that the number of items of products included in each class is not more than 20. Each additional item after the first 20 is charged at a fee of USD10.

3.       Materials Required for Filing of Trademark Application in Japan

(1)     A duly completed trademark search/registration order form (to be provided by Kaizen).

(2)     A soft copy of the trademark in JPEG format.

(3)     A copy of identity proof of the applicant (passport for individuals and business registration licence/certificate for corporation).

(4)     A priority document when priority is claimed. The document can be filed within 3 months after the filing date of the application (extra fees will be charged for filing priority claim documents).

4.       Japanese Trademark Application Procedures

(1)     Client sends to Kaizen (by email or fax or post) a specimen of the trademark together with the duly completed Trademark Search/Registration Order Form and at the same time make payment for the pre-filing search if applicable;

(2)     Search: Kaizen conducts the pre-filing search, prepare search report and email the search reports to client in 5 working days;

(3)    (If the search results indicate that the application is likely to be accepted and client decide to proceed) Client sends us the Photocopy of identity proof (passport copy for individual and Certificate of Incorporation or Business Registration License) and at the same time make payment for filing an application;

(4)     Kaizen prepares the registration application form and Power of Attorney (PoA) and deliver them to client for execution;

(5)     Client sends the duly signed PoA and registration forms back to us;

(6)     Application: Kaizen or its associates in Japan submits the application documents to the Japan Patent Office (“the JPO” thereafter);

(7)     Publication of Unexamined Application: The JPO will publish the content of an application in the Official Gazette after filing;

(8)     Formality Examination: An application document submitted to the JPO will be checked to see whether it fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in;

(9)     Substantive Examination: An examination will be made of whether the application fulfills the substantive requirements. The following trademarks will be refused as they are deemed not to meet the substantive requirements;

5.       Time Scale

Currently it takes around 12 to 18 months to get a trademark registered in Japan in a smooth case.

6.       Payment Term and Payment Method

Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service.

We currently only accept Hong Kong Dollar cheque, cash or TT and credit card through Paypal. Please click here for payment methods.

7.       Refund Policy

No refund of fees will be made after the commencement of services. For example, if we have already performed the pre-filing search and the search results indicate that there is an identical mark already in the register and application for filing should not be proceeded, the fees for pre-filing search will not be refunded. Or we have already filed an application and the application is being objected and refused by the trademark office or any other party, then there will not be any refunded of fees.

In any case you pay us our fees for all three stages of an application, and the search results indicate that the there is an identical mark already in the register and application for filing should not be proceeded, then the fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded.

If you wish to obtain more information or assistance, please visit the official website of Kaizen CPA Limited at www.kaizencpa.com or contact us through the following and talk to our professionals:

Tel: +852 2341 1444

Mobile: +852 5616 4140, +86 152 1943 4614

WhatsApp/ Line/ Wechat: +852 5616 4140

Skype: kaizencpa

Email: info@kaizencpa.com