Trademark “First-to-File Rule” in Japan

If you wish to expand your business into Japan, trademark protection is crucial.

In Japan, as the “First-to-File Rule” applies to trademark registrations, you need to apply for your brand name or logo prior to anyone else who might be interested in the identical or similar marks.

The current use of trademarks is not a prerequisite for registering trademarks. Only when applying for over a certain range of goods and services, applicants have to show the intention of using the trademark in the near future. However, it is advisable for trademark owners to begin to use their trademarks within three years from registration because there is a risk of cancellation if a third party wishes to use the identical or similar trademarks.

It is important for any foreign business entity that is going to enter into the Japanese market to consider applying for trademark registration beforehand, preferably one year prior to the launch of its business.

With over 70 years of history and experience in the IP field, we offer extensive service to foreign applicants in both domestic filings and Madrid Protocol applications.

Our clients are from various countries:

Germany / United States of America / Italy / United Kingdom / Spain / France / New Zealand / India / Thailand / Hong Kong / China / Korea / Mexico etc.

If you need any help or questions regarding trademark protection in Japan, please contact us at mail@sakae-pat.jp. We are happy to assist you.