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Trademark Updates in Japan 2019

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Trademark Updates in Japan 2019 R egional Collective Trademarks E XAMINATION FLOW Regional collective trademarks are trademarks that consist of regions’ names and the names After completing formality checks, examiners conduct substantive examination. If they find no of goods (and/or services) particular to the respective regions. They are registered by reasons for refusal, they will send a “Decision of Registration” to the applicant, and the associations affiliated with the regions, who intend to let their members use the trademarks, as trademark will be granted exclusive rights after the applicant pays the applicable registration Trademark long as the trademarks have become well known in a certain area. fee. In the event that are reasons for refusal, the examiners notify the applicant of reasons and give opportunities for the applicant to make corrections and give opinions to overcome the Registration No. 5069264 Registration No. 5068214 refusal. If not resolved, the application will be refused. The applicant, in this situation, can 「神戸ビーフ」（Kobe Beef） （Yokohama Chinatown） appeal to reverse the examiner’s decision. Updates Trademark Application Publication of Formality Check application in Japan Substantive Examination Decision of Registration Notification of Reasons for Refusal Registration Fee Payment Written Argument Written Amendment Registration ■The Logo Mark of Regional Collective Trademarks Decision of Refusal The logo to right, which was launched in January 2018, is used to 10 years Publication of identify local specialties as those that have been registered under the trademark gazette Appeal against [omitted] regional-collective-trademark system. It was created to raise awareness Decision of Refusal Invalidation trial Extinguishment / 2 months Cancellation trial Renewal of right of the system. Opposition 10 years IP High Court *Post-registration Opposition system since 1997 Supreme Court P rotection of Well-known Trademarks The Japanese Trademark Act protects well-known trademarks that are recognized to be well known among consumers in Japan or abroad. There are a number of applicable provisions to Japan Patent Office, Ministry of Economy, Trade and Industry Trademark Division protect well-known trademarks. For example, any trademarks which is identical with, or 3-4-3 Kasumigaseki, Chiyodaku, Tokyo 100-8915, Japan similar to, a trademark which is well known among consumers in Japan or abroad as that JPO Website: https://www.jpo.go.jp/e/index.html indicating goods or services pertaining to a business of another person, if the trademark is This brochure is printed using only the “A-ranked” paper which meets the criterion used for unfair purposes, cannot be registered (Article 4(1)(xix)). under the Law on Promoting Green Purchasing and can be recycled to paper. S TATISTICS S PEED Q UALITY In recent years, the number of trademark applications filed in Japan has been increasing every The JPO implements three, major initiatives to ensure quality management. They are quality ■Number of filings to register trademarks in Japan year, and reached a record high of around 190,000. The examination pendency for trademark assurance, verification, and evaluations. Quality assurance includes quality checks and applications at the Japan Patent Office (JPO) has been directly affected by the increase in approvals by directors, consultations among examiners, the utilization of check sheets by 200,000 ■ Trademark Appl. 190,939 filings. In 2014, the first action (FA) pendency was 4.1 months. However, by 2017 the FA had examiners, and developing human resources. Quality verification includes quality audits, (Other than international trademark appl.) 17.328 ■ International Trademark Appl. increased to 6.3 months. Also, the total pendency (TP) had increased to 7.7 months by 2017. user-satisfaction surveys, and discussions between the examination and appeals 161,859 departments. Evaluations, along with recommendations for improving quality management, 147,283 13,835 10.0 150,000 TP (Total Period) 9.1 are conducted by third parties. 15,984 FA (First Action Period) 124,442 7.7 ） 119,010 117,674 ■Results of the User-Satisfaction Survey (FY2017) 12,672 8.0 108,060 11,788 6.8 13,696 6.5 ■ 5：Satisfied ■ 4：Relatively Satisfied ■ 3：Average filings 12,412 6.1 6.0 7.7 100,000 5.8 ■ 2：Relatively Dissatisfied ■ 1：Dissatisfied 173.611 6.0 6.3 148,024 （No. of 131,299 4.9 FY2015 5.6 42.1 38.3 11.7 2.3 4.0 111,770 （Month） 107,222 103,978 50,000 95,648 4.4 4.3 4.1 4.3 2.0 FY2016 6.7 43.8 43.5 4.6 1.5 ※The data of 2018FY is provisional value. 0 0.0 2011 2012 2013 2014 2015 2016 2017 2012 2013 2014 2015 2016 2017 2018 FY2017 5.6 42.7 44.5 6.4 0.8 As ways to shorten the examination pendency, the JPO has outsourced and computerized ■Percentage of filings by foreign applicants to register trademark examination processes, as well as increased the number of assistants for examiners. 0 20 40 60 80 100 Korea Korea ■Accelerated Examinations 7% 8% The JPO conducts accelerated examination on trademark applications free of charge for on-traditional Trademarks China applicants that need to acquire rights sooner. However, there are certain requirements for 9% China N 28% accelerated examination, for example, the filed trademarks need to be either already in use or ■Percentage of filings for and registrations of non-traditional trademarks have been prepared to a considerable extent to be used. In addition, applicants need to submit Total Sound Color Position Motion Hologram 3D US US requests for accelerated examination. The average FA period of accelerated examination was Filings 8,695(1,125) 624(1) 528(2) 436(22) 154(3) 19(0) 6,934(1,097) 29% Registrations 3,512(377) 251(0) 7(0) 69(11) 100(1) 12(0) 3,073(365) 38% EU (in 2017) from the date that accelerated examination was requested. 1.8 months (As of the end of November 2018) 46% EU 35% https://www.jpo.go.jp/e/system/trademark/shinsa/outline_accelerated_trademark.html 【Position Mark】 【3D Mark】 【Color Mark】 ■Fast-Track Examinations 2013 2017 Under fast-track examination, if goods and/or services designated in trademark applications meet certain requirements, the first notices of examination results will be issued around ■ China ■ EU ■ US ■ Korea 2 months earlier than regular applications. This requires neither additional requests nor fees. https://www.jpo.go.jp/e/system/trademark/shinsa/shohyo_fast_e.html Registration No. 6034112 Registration No. 6031041 Registration No. 5933289 S TATISTICS S PEED Q UALITY In recent years, the number of trademark applications filed in Japan has been increasing every The JPO implements three, major initiatives to ensure quality management. They are quality ■Number of filings to register trademarks in Japan year, and reached a record high of around 190,000. The examination pendency for trademark assurance, verification, and evaluations. Quality assurance includes quality checks and applications at the Japan Patent Office (JPO) has been directly affected by the increase in approvals by directors, consultations among examiners, the utilization of check sheets by 200,000 ■ Trademark Appl. 190,939 filings. In 2014, the first action (FA) pendency was 4.1 months. However, by 2017 the FA had examiners, and developing human resources. Quality verification includes quality audits, (Other than international trademark appl.) 17.328 ■ International Trademark Appl increased to 6.3 months. Also, the total pendency (TP) had increased to 7.7 months by 2017. user-satisfaction surveys, and discussions between the examination and appeals 161,859 departments. Evaluations, along with recommendations for improving quality management, 147,283 13,835 10.0 150,000 TP (Total Period) 9.1 are conducted by third parties. 15,984 124,442 FA (First Action Period) 119,010 117,674 7.7 ■Results of the User-Satisfaction Survey (FY2017) 12,672 8.0 108,060 11,788 6.8 13,696 6.5 ■ 5：Satisfied ■ 4：Relatively Satisfied ■ 3：Average 12,412 6.1 6.0 7.7 100,000 5.8 ■ 2：Relatively Dissatisfied ■ 1：Dissatisfied 173.611 6.0 6.3 148,024 （No. of application） of （No. 131,299 4.9 FY2015 5.6 42.1 38.3 11.7 2.3 4.0 111,770 （Month） 107,222 103,978 50,000 95,648 4.4 4.3 4.1 4.3 2.0 FY2016 6.7 43.8 43.5 4.6 1.5 ※The data of 2018FY is provisional value. 0 0.0 2011 2012 2013 2014 2015 2016 2017 2012 2013 2014 2015 2016 2017 2018 FY2017 5.6 42.7 44.5 6.4 0.8 As ways to shorten the examination pendency, the JPO has outsourced and computerized ■Percentage of filings by foreign applicants to register trademark examination processes, as well as increased the number of assistants for examiners. 0 20 40 60 80 100 Korea Korea ■Accelerated Examinations 7% 8% The JPO conducts accelerated examination on trademark applications free of charge for on-traditional Trademarks China applicants that need to acquire rights sooner. However, there are certain requirements for 9% China N 28% accelerated examination, for example, the filed trademarks need to be either already in use or ■Percentage of filings for and registrations of non-traditional trademarks have been prepared to a considerable extent to be used. In addition, applicants need to submit Total Sound Color Position Motion Hologram 3D US US requests for accelerated examination. The average FA period of accelerated examination was Filings 8,695(1,125) 624(1) 528(2) 436(22) 154(3) 19(0) 6,934(1,097) 29% Registrations 3,512(377) 251(0) 7(0) 69(11) 100(1) 12(0) 3,073(365) 38% EU (in 2017) from the date that accelerated examination was requested.
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