 
  WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/JPN/T/2 
25 March 2004 
 (04-1363) 
Council for Trade-Related Aspects 
of Intellectual Property Original:   English/ 
 anglais/  inglés 
  
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
 
JAPAN 
   The present document reproduces the text
1 of the Trademark Law, as last amended 
on 22 December 1999, as notified by Japan under Article 63.2 of the Agreement (see document 
IP/N/1/JPN/2). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
JAPON 
   Le présent document contient le texte
1 de la Loi sur les marques de fabrique ou de commerce, 
modifiée en dernier lieu le 22 décembre 1999, qui a ét é notifié par le Japon au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/JPN/2).  
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
JAPÓN 
 
 
 En el presente documento se reproduce el texto1 de la Ley de Marcas de Fábrica o de 
Comercio, modificada por última vez el 22 de diciem bre de 1999, que el Japón ha notificado en virtud 
del párrafo 2 del artículo 63 del Acue rdo (véase el documento IP/N/1/JPN/2). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/JPN/T/2 
Page 2  
 
  
  
 
  
 
  
JAPAN 
 
 
  
 
Trademark Law 
 
 
 
  
Law No. 127 of April 13, 1959 as amended by Law No. 220 of 
December 22, 1999 
ENTRY INTO FORCE: January 6, 2001 (Section 72(3) shall enter 
into force as of April 1, 2001.)  IP/N/1/JPN/T/2 
 Page 3 
 
 
 TABLE OF CONTENTS 
 
Chapter I  General Provisions 
 
1.  Purpose 2.  Definitions, etc. 
 
Chapter II  Trademark Registration and Applications Therefor 
 
3.  Registrability of trademarks 
4.  Unregistrable trademarks 5.  Applications for trademark registration 
5bis.  According of the filing date, etc. 
6.  Unity in application 7.  Collective trademarks 
8.  First-to-file rule 
9.  Special provisions for time of filing of application 9bis.  Priority claim declared as governed by the Paris Convention 9ter. 
9quater.  Amendment of designated goods, etc. or the trademark for 
which trademark registration is sought and change of gist 10.  Division of trademark applications 
11.  Conversion of applications 
12. 12bis.  Publication of applications 
13.  Application mutatis mutandis of Patent Law 
13bis.  Money claim, etc. prior to registration of establishment of trademark right 
 
Chapter III  The Examination 
 
14.  Examination by examiner 
15.  Examiner’s decision of refusal 15bis.  Notification of reasons for refusal 
15ter. 
16.  Examiner’s decision that a trademark is to be registered 16bis.  Declining of amendments 17.  Application mutatis mutandis of Patent Law 
17bis.  Application mutatis mutandis of Design Law 
 
Chapter IV  The Trademark Right 
 
1.  The Trademark Right  
18.  Registration of establishment of trademark right 
19.  Term of trademark right 20.  Request for registration of renewal of term 
21.  Restoration of trademark right 
22.  Restriction on effects of trademark right restored 23.  Registration of renewal of term 
24.  Division of trademark right 
24bis.  Transfer of trademark right 24ter.  Transfer of collective trademark right IP/N/1/JPN/T/2 
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 24quater.  Demand for indication to prevent confusion resulting from 
transfer of trademark right 25.  Effects of trademark right 
26.  Limits of trademark right 
27.  Scope of registered trademark, etc. 28. 
28bis. 
29.  Relationship with another’s patent right, etc. 30.  Rights of exclusive use 
31.  Rights of non-exclusive use 
31bis.  Right of corporation or association members 32.  Right to use trademark by virtue of prior use 
33.  Right to use trademark due to use prior to registration of 
demand for invalidation trial 33bis.  Right to use trademark after expiration of term of patent 
right, etc. 
33ter. 34.  Pledges 35.  Application mutatis mutandis of Patent Law 
 
2. Infringement  
36.  Injunctions 
37.  Acts deemed to be infringement 38.  Presumption, etc. of amount of damage 
39.  Application mutatis mutandis of Patent Law 
 3. The Registration Fee 
 
40.  Registration fee 41.  Time limit for payment of registration fee 
41bis.  Payment of registration fee in installments 
41ter.  Payment of registration fee by an interested person 42.  Refund of registration fee 
43.  Surcharge registration fee 
 
Chapter IVbis  Opposition to Registration 
 
43bis.  Opposition to registration 
43ter.  Ruling 43quater.  Formal requirements of a written opposition, etc. 
43quinquies.  Designation of trial examiners, etc. 
43quinquies-bis.  Trial Clerk 43sexies.  Conduct of trial examination, etc. 
43septies.  Intervention 
43octies.  Taking of evidence and preservation thereof 43novies.  Trial examination ex officio 
43decies.  Combination or separation of trial examination 
43undecies.  Withdrawal of oppositions 43duodecies.  Notification of reasons for revocation 
43terdecies.  Formal requirements of ruling 
43quater decies.  Application mutatis mutandis of provisions on trial  IP/N/1/JPN/T/2 
 Page 5 
 
 
  
Chapter V  Trial 
 
44.  Trial against examiner’s decision of refusal 
45.  Trial against ruling to decline amendment 46.  Trial for invalidation of trademark registration 
46bis. 
47. 48.  [Deleted] 
49.  [Deleted] 
50.  Trial for cancellation of trademark registration 51. 
52. 
52bis. 53. 
53bis. 
53ter. 54. 55. 
55bis.  Special provisions for trials against examiner’s decision of 
refusal 56.  Application mutatis mutandis of Patent Law 
56bis.  Application mutatis mutandis of Design Law 
 
Chapter VI  Retrial and Litigation 
 
57.  Demand for retrial 58. 
59.  Restriction on effects of trademark right restored by retrial 
60. 60bis.  Application mutatis mutandis of provisions of trial 
61.  Application mutatis mutandis of Patent Law 
62.  Application mutatis mutandis of Design Law 63.  Actions against trial decisions, etc. 
63bis.  Relationship between administrative appeal and litigation 
 
Chapter VII  Defensive Marks 
 
64.  Registrability of defensive marks 
65.  Conversion of applications 65bis.  Term of right based on defensive mark registration 
65ter.  Registration of renewal of t erm of right based on defensive 
mark registration 65quater. 
65quinquies. 
65sexies.  Registration of renewal of term of right based on defensive mark registration 
65septies.  Registration fees 
65octies.  Time limit for payment of registration fees 65novies.  Payment of registration fee by an interested person 
65decies.  Refund of registration fee paid by mistake or in excess 
66.  Dependence of right based on defensive mark registration 67.  Acts deemed to be an infringement IP/N/1/JPN/T/2 
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 68.  Application mutatis mutandis of provisions on trademarks 
 
Chapter VIIbis  Special Provisions under the Protocol of the Madrid 
Agreement 
 
1.  Application for International Registration 
 
68bis.  Application for International Registration 68ter. 
68quater.  Later designation 
68quinquies.  Request for renewal of international registration 68sexies.  Request for recordal of change in the ownership of 
international registration 
68septies.  Application mutatis mutandis of provisions on application for trademark registration 
68octies.  Delegation to ordinance of the Ministry of Economy, Trade 
and Industry  2.  Special Provisions Relating to Application for International 
Registration 
 68novies.  Trademark application based on request for territorial 
extension 
68decies.  Special provisions for time of filing of application for international trademark registration 
68undecies.  Special provisions for time of filing of application 
68duodecies.  Special provisions for division of applications 68terdecies.  Special provisions for conversion of applications 
68quater decies.  Special provisions for matters published in 
Trademark Gazette relating to publication of applications 68quindecies.  Special provisions for proceedings for priority claim 
under the Paris Convention, etc. 
68sedecies.  Special provisions for rights resulting from applications for trademark registration 
68septies decies.  Dealing with applications for international 
trademark registration resulting from change in the ownership of an international registration 68duodevicies.  Special provisions for new application for trademark 
as amended 
68undevicies.  Special provisions for registration of establishment of trademark right 
68vicies.  Effects of extinguishment of international registration 
68unvicies.  Term of trademark right based on international registration 
68duovicies.  Special provisions for registration of renewal of term 
68tervicies.  Special provisions for division of trademark rights 68quater vicies.  Special provisions for transfer of collective 
trademark right 
68quinvicies.  Special provisions for surrender of trademark rights 68sevicies.  Special provisions for effects of registration of 
trademark rights 
68septies vicies.  Special provisions for registration in Trademark Register  IP/N/1/JPN/T/2 
 Page 7 
 
 
 68duodetricies.  Special provisions for amendments of proceedings 
68undetricies.  Special provisions for exceptional provisions on trademark with two or more designated goods or designated services 
68tricies.  Individual fee for trademark rights based on 
international registration 68untricies.  Delegation to ordinance of the Ministry of Economy, 
Trade and Industry 
 
3.  Special Provisions for Applications for Trademark Registration, 
etc. 
 
68duotricies.  Special provisions for trademark registration subsequent to cancellation of international registration 
68tertricies.  Special provisions for application for trademark 
registration subsequent to denunciation of Protocol 68quater tricies.  Special provisions for reasons for refusal 
68quintricies.  Special provisions for registration of establishment 
of trademark right 68setricies.  Special provisions for term 
68septies tricies.  Special provisions for opposition to 
registration 68duodequadragies.  Special provisions for trial for invalidation of trademark registration 
68undequadragies. 
 
Chapter VIII  Miscellaneous Provisions 
 
68quadragies.  Amendment of proceedings 
69.  Exceptional provisions on trademark right with two or more designated goods or designated services 
70.  Exceptional provisions on trademarks, etc. similar to 
registered trademarks 71.  Registration in Trademark Register 
71bis.  Issuance of trademark registration certificate, etc. 
72.  Request for certification, etc. 73.  Indication of existence of trademark registration 
74.  Prohibition of false marking 
75.  Trademark Gazette 76.  Fees 
77.  Application mutatis mutandis of Patent Law 
77bis.  Transitory Measure 
 
Chapter IX  Penal Provisions 
 
78.  Offense of infringement 79.  Offense of fraud 
80.  Offense of false marking 
81.  Offense of perjury, etc. 82.  Dual liability 
83.  Administrative penalties 
84. 85. 
 
Attached Table (Related to Section 76) IP/N/1/JPN/T/2 
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 Chapter I  General Provisions 
 
1.  Purpose 
 
 The purpose of this Law shall be to ensure the maintenance of 
the business reputation of persons using trademarks by protecting 
trademarks, and thereby to contribute to the development of industry 
and to protect the interests of consumers. 
 
2.  Definitions, etc. 
 
 (1) “Trademark” in this Law means characters, figures, signs, 
three-dimensional shapes or any combination thereof, or any 
combination thereof with colors (hereinafter referred to as a “mark”): 
 (i) which are used in respect of goods by a person who 
produces, certifies or assigns such goods in the course of trade;  (ii) which are used in respect of services by a person who 
provides or certifies such services in the course of trade (other 
than as in (i) above). 
  (2) “Registered trademark” in this Law means a trademark for 
which a trademark registration has been effected. 
  (3) “Use” with respect to a mark in this Law means any of the 
following acts: 
 (i) acts of applying the mark on the goods or their packaging;  (ii) acts of assigning, delivering, displaying for the purpose 
of assignment or delivery, or importing, the goods on which or on 
the packaging of which a mark has been applied;  (iii) acts of applying a mark to articles for use by persons 
to whom the services are provided (including articles assigned or 
leased — hereinafter the same) when providing services;  (iv) acts of providing services by use of articles to which a 
mark has been applied for use by persons to whom the services are 
provided when providing services;  (v) acts of displaying, for the purpose of providing services, 
articles to which a mark has been applied and supplied for use in 
the provision of services (including articles for use by persons to 
whom the services are provided when providing services — hereinafter the same); 
 (vi) acts of applying a mark to articles related to the 
provision of such services belonging to persons to whom the services are provided when providing services; 
 (vii) acts of displaying or distributing advertisements 
relating to the goods or services, price lists or business papers with respect to the goods or articles on which a mark has been 
applied. 
  (4) Acts of applying a mark to goods or other articles to 
which a mark is applied as prescribed in the preceding subsection 
shall include acts of having goods or their packaging, articles that  IP/N/1/JPN/T/2 
 Page 9 
 
 
 are supplied for use in the provision of services and advertisements 
relating to goods or services shaped into a mark.  
 (5) In this law, it shall be premised that there may exist 
services in the scope of similarities of goods and there may exist goods in the scope of similarities of services. 
 
Chapter II  Trademark Registration and Applications Therefor 
 
3.  Registrability of trademarks 
 
 (1) Any person may obtain a trademark registration of a 
trademark to be used in respect of goods or services in connection 
with his business, except in the case of the following trademarks:  (i) trademarks which consist solely of a mark indicating, in a 
common way, the common name of the goods or services; 
 (ii) trademarks which are customarily used in respect of the goods or services;  (iii) trademarks which consist solely of a mark indicating in 
a common way, the origin, place of sale, quality, raw materials, 
efficacy, use, quantity, shape (including packaging shape) or price of the goods, or the method or time of manufacturing or using them; 
or the location of provision of the services, quality, articles for 
use in such provision, efficacy, use, quantity, modes, price or method or time of the provision of services; 
 (iv) trademarks which consist solely of a mark indicating, in 
a common way, a commonplace surname or name of a legal entity;  (v) trademarks which consist solely of a very simple and 
commonplace mark; 
 (vi) in addition to those mentioned in each of the preceding paragraphs, trademarks which do not enable consumers to recognize 
the goods or services as being connected with a certain person’s 
business.  
 (2) In the case of a trademark falling under paragraphs (iii) 
to (v) of the preceding subsection, where, as a result of the use of such trademarks, the consumers are able to recognize the goods or services as being connected with a certain person’s business, 
trademark registration may be obtained notwithstanding the preceding 
subsection.  
4.  Unregistrable trademarks 
 
 (1) Notwithstanding Section 3, trademark registration shall 
not be effected in the case of the following trademarks: 
 (i) trademarks which are identical with, or similar to, the national flag, the imperial chrysanthemum crest, a decoration, a 
medal of merit, or a foreign national flag; 
 (ii) trademarks which are identical with or similar to, a State coat of arms or other emblem (other than a national flag) of a 
country party to the Paris Convention (meaning the Paris Convention 
for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, IP/N/1/JPN/T/2 
Page 10  
 
 1911, at The Hague on November 6, 1925, at London on June 2, 1934, 
at Lisbon on October 31, 1958 and at Stockholm on July 14, 1967 — hereinafter referred to as “the Paris Convention”), a Member of the 
World Trade Organization or a contracting party to the Trademark Law 
Treaty which have been designated by the Minister of Economy, Trade and Industry; 
 (iii) trademarks which are identical with, or similar to, a 
mark indicating the United Nations or any other international 
organization and designated by the Minister for Economy, Trade and 
Industry; 
 (iv) trademarks which are identical with, or similar to, the Red Cross ensign on a white ground or the title Red Cross or Geneva 
Cross; 
 (v) trademarks comprising a mark identical with, or similar to, an official seal or sign which indicates supervision or 
certification by the Government of Japan or by the Government of a 
country party to the Paris Convention or a Member of the World Trade Organization or a contracting party to the Trademark Law Treaty, or by a local public entity and which has been designated by the 
Minister for Economy, Trade and Industry, which are used on goods or 
services identical with, or similar to, the goods or services in respect of which such seal or sign is used; 
 (vi) trademarks which are identical with, or similar to, a 
famous mark indicating a State or a local public entity or an agency thereof or a non-profit organization or enterprise working in the 
public interest; 
 (vii) trademarks liable to contravene public order or morality; 
 (viii) trademarks containing the portrait of another person or 
the name, famous pseudonym, professional name or pen name of another person or the famous abbreviation thereof (except where the consent 
of the person concerned has been obtained); 
 (ix) trademarks comprising a mark which is identical with, or similar to, a prize awarded at an exhibition held by the Government 
or a local public entity (hereinafter referred to as the 
“Government, etc.”) or at one which is not held by the Government, etc. but has been designated by the Commissioner of the Patent Office or at an international exhibition held in a foreign country 
by its government, etc. or a person authorized thereby (except where 
the recipient of such a prize uses the mark as part of his trademark); 
 (x) trademarks which are well known among consumers as 
indicating the goods or services as being connected with another person’s business, and trademarks similar thereto, and which are 
used in respect of such goods or services or similar goods or 
services;  (xi) trademarks which are identical with, or similar to, 
another person’s registered trademark applied for prior to the 
filing date of the trademark application concerned and which are used on the designated goods or designated services [meaning the 
goods or services designated in accordance with Section 6(1) 
(including its application under Section 68(1)) — hereinafter referred to as “the designated goods or designated services”]  IP/N/1/JPN/T/2 
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 covered by the trademark registration referred to or on similar 
goods or services;  (xii) trademarks which are identical with another person’s 
registered defensive mark (meaning a mark registered as a defensive 
mark — hereinafter referred to as a “registered defensive mark”), 
and which are used on the designated goods or designated services 
covered by the defensive mark registration; 
 (xiii) trademarks which are identical with another person’s trademark (other than a trademark which had not been used by that 
person during a period of at least one year prior to the day on 
which the trademark right became extinguished) where one year has 
not elapsed since the date of extinguishment of the trademark right 
(or the date on which a ruling that a trademark registration is to 
be revoked or a trial decision that a trademark registration is to be invalidated becomes final and conclusive — hereinafter referred 
to as the “date of extinguishment of the trademark right”), or with 
a trademark similar to such a trademark, and which are used in respect of the designated goods or designated services covered by the trademark right or in respect of similar goods or services; 
 (xiv) trademarks which are identical with, or similar to, the 
name of a variety registered under Section 18(1) of the Agricultural Seed and Seedlings Law (Law No. 83 to 1998), and which are used on 
the seeds or seedlings of the variety concerned or in respect of 
similar goods or services;  (xv) trademarks which are liable to cause confusion with goods 
or services connected with another person’s business (other than the 
trademarks mentioned in paragraphs (x) to (xiv));  (xvi) trademarks liable to be misleading as to the quality of 
the goods or services; 
 (xvii) trademarks comprising a mark indicating an origin of wines or spirits in Japan which has been designated by the 
Commissioner of the Patent Office or a mark indicating an origin of 
wines or spirits in a Member of the World Trade Organization prohibited to be used on wines or spirits not originating in the 
region in that member, which are used in respect to wines or spirits 
not originating in the region in Japan or that member;  (xviii) trademarks consisting solely of a three-dimensional shape of goods or their packaging with the shape being indispensable 
to secure the functions of the goods or their packaging; 
 (xix) trademarks which are well known among consumers in Japan 
or abroad as indicating the goods or services as being connected 
with another person’s business, and trademarks identical with or 
similar thereto, and which are used by the applicant for unfair intention (intention to gain an unfair profit, intention to cause 
damage to such another person and other unfair intentions — 
hereinafter the same) (other than the trademarks mentioned in each of the preceding paragraphs) in respect of such goods or services. 
 
 (2) Where registration of a trademark falling under paragraph (vi) of the preceding subsection is applied for by the State, a 
local public entity or an agency thereof or a non-profit 
organization working in the public interest or a person carrying on IP/N/1/JPN/T/2 
Page 12  
 
 a non-profit enterprise working in the public interest, the said 
paragraph shall not apply.  
 (3) In the case of a trademark falling under paragraphs 
(viii), (x), (xv), (xvii) or (xix) of Subsection (1), the respective provisions shall not apply where the trademark does not fall under 
the respective paragraph at the time when the trademark application 
is filed.  
 (4) Where a trial decision that a trademark registration is to 
be canceled under Section 53bis has become final and conclusive and the demandant in the trial applies for registration of the trademark 
covered by the registration canceled by the trial decision, or a 
trademark similar thereto, paragraph (xiii) of Subsection (1) shall not apply. 
 
5.  Applications for trademark registration 
 
 (1) Any person desiring a trademark registration shall submit 
a request to the Commissioner of the Patent Office together with any 
necessary document; the request shall state the following:  (i) the name and the domicile or residence of the applicant 
for a trademark registration; 
 (ii) the trademark for which registration is sought;  (iii) the designated goods or designated services and the 
class of goods or services as prescribed by Cabinet Order referred 
to in Section 6(2).  
 (2) Where a person desires a trademark registration with 
respect of a trademark consisting of three-dimensional shapes (including their combination with characters, figures, signs or 
colors or any combination thereof, hereinafter referred to as “three 
dimensional trademark”), the request shall contain a statement to that effect. 
 
 (3) Where a person desires a trademark registration with respect of a trademark consisting of characters designated by the 
Commissioner of the Patent Office (hereinafter referred to as 
“standard characters”), the request shall contain a statement to 
that effect.  
 (4) In the portion of the statement of the trademark for which 
the registration is sought, any part which is in the same color as a section for a trademark to be stated shall be deemed not to form 
part of the trademark.  However, this provision shall not apply 
where an area to be colored is specified and it is stated on the sheets that the color to be applied is the same as that of the 
section. 
 
5bis.  According of the filing date, etc. 
 
 (1) The Commissioner of the Patent Office shall decide to accord as the date of a trademark application the date of submission  IP/N/1/JPN/T/2 
 Page 13 
 
 
 of the request with respect to the trademark application unless the 
application falls under any of the following paragraphs:  (i) the indication that a trademark registration is sought is 
not clear; 
 (ii) the name of the applicant is not stated, or the statement is not considered sufficient to the extent to enable the 
identification of the applicant; 
 (iii) a trademark for which the registration is sought is not stated; or 
 (iv) designated goods or designated services are not stated. 
  (2) Where the trademark application falls under any of the 
paragraphs of the preceding subsection, the Commissioner of the 
Patent Office shall invite the applicant to make the required correction in writing, designating an adequate time limit. 
 
 (3) Correction to a trademark application shall be effected by filing a correction in writing with respect to the correction (hereinafter referred to as a “correction in writing”). 
 
 (4) The Commissioner of the Patent Office shall decide to accord as the date of the trademark application the date of 
submission of the correction in writing when the person whom he has 
invited to make the correction under Subsection (2) has complied with the invitation within the time limit designated in accordance 
with that subsection. 
  (5) The Commissioner of the Patent Office may dismiss the 
trademark application when a person whom he has invited to make the 
correction in accordance with Subsection (2) fails to do so within the time limit designated in accordance with that subsection. 
 
6.  Unity in application 
 
 (1) An application for a trademark registration shall relate 
to a single trademark and shall designate one or more items of goods or services in respect of which the trademark is to be used.  
 (2) A designation under the preceding paragraph shall be made 
according to the classes of the classification of goods and services, prescribed by Cabinet Order. 
 
 (3) The classes of goods and services referred to in the preceding subsection shall not be determinative of the scope of 
similarity of goods or services. 
 
7.  Collective trademarks 
 
 (1) Aggregate corporation established under the provision of Section 34 of the Civil Code (Law No. 89 of 1896) or industrial 
business corporative association and other associations established 
under the special law (excluding those which are not legal entities), or foreign legal entities corresponding thereto shall be IP/N/1/JPN/T/2 
Page 14  
 
 entitled to obtain a collective trademark registration with respect 
of a trademark for use by their members.  
 (2) For the purposes of the provision of Section 3(1), “his 
business” in that section shall read “their members’ or their own business.” 
 
 (3) Any person desiring the registration of a collective trademark under Subsection (1) shall submit to the Commissioner of 
the Patent Office with respect to a trademark application under 
Section 5(1) a document proving that the applicant is a legal entity referred to Subsection 1. 
 
8.  First-to-file rule 
 
 (1) Where two or more trademark applications relating to 
identical or similar trademarks which are to be used on identical or similar goods or services are filed on different dates, only the earliest applicant may obtain a trademark registration for the 
trademark concerned. 
  (2) Where two or more trademark applications relating to 
identical or similar trademarks which are to be used on identical or 
similar goods or services are filed on the same date, only one applicant, agreed upon after mutual consultation among all the 
applicants, may obtain a trademark registration for the trademark. 
  (3) Where a trademark application is a surrendered, withdrawn 
or dismissed or where an examiner’s decision or trial decision on a 
trademark application has become final and conclusive, such application shall, for the purposes of the two preceding 
subsections, be deemed never to have been made. 
  (4) The Commissioner of the Patent Office shall, in the case 
of Subsection (2), order the applicants to hold consultations for an 
agreement under that subsection and to report the result thereof, 
within an adequate time limit.  
 (5) Where no agreement is reached in the consultations under 
Subsection (2) or where the report under the preceding subsection is not made within the time limit designated in accordance with that 
subsection, registration of the trademark concerned may be obtained 
only by one applicant chosen by the drawing of lots conducted in a fair and just manner by the Commissioner of the Patent Office. 
 
9.  Special provisions for time of filing of application 
 
 (1) In the case of a trademark used in respect of goods 
exhibited or services offered at an exhibition held by the Government, etc. — or at one which is not held by the Government, 
etc. but has been designated by the Commissioner of the Patent 
Office, or at an international exhibition held by the Government, 
etc. or a person authorized thereby in the territory of a country  IP/N/1/JPN/T/2 
 Page 15 
 
 
 party to the Paris Convention or a Member of the World Trade 
Organization or a contracting party to the Trademark Law Treaty, or at an international exhibition held by the Government, etc. or a 
person authorized thereby in the territory of a country which is 
neither a party to the Paris Convention nor a Member of the World Trade Organization or a country party to the Trademark Law Treaty, 
but which has been designated by the Commissioner of the Patent 
Office —, provided that the person who exhibited the said goods offered said services has applied for a trademark registration, 
designating those goods or services, within six months from the date 
when they were exhibited or offered, the trademark application shall be deemed to have been filed at the time when the goods were 
exhibited or the services were offered. 
  (2) Any person who desires the application of the preceding 
subsection with respect to a trademark in a trademark application 
shall submit a written statement to that effect to the Commissioner of the Patent Office simultaneously with the trademark application.  Within 30 days from the filing of the trademark application, he 
shall also submit to the Commissioner of the Patent Office a 
document proving that the trademark and the goods or services in the trademark application are a trademark and goods or services falling 
under the said subsection. 
 
9bis.  Priority claim declared as governed by the Paris Convention 
 
 A priority claim based on an application for trademark registration (limited to a trademark equivalent to that defined in 
Section 2(1)(ii)) filed in or for a country party to the Paris 
Convention may be declared as governed by the provisions in Article 4 of the Paris Convention for a priority claim based on the 
application for trademark registration of the trademark equivalent 
to that defined in Section 2(1)(i).  
9ter. 
 
 A priority claim based on an application which a person specified in the left-hand column of the following table has filed 
in or for any country specified in the right-hand column of the 
following table may be declared as governed by the provision in Article 4 of the Paris Convention: 
 
Japanese nationals or nationals of a 
country party to the Paris Convention 
(including nationals deemed to be the 
nationals of the country party in accordance with Article 3 of the 
Paris Convention). Member of the World 
Trade Organization 
or a contracting 
party to the Trademark Law 
Treaty. 
Nationals of a Member of the World 
Trade Organization (meaning nationals of Members provided for in paragraph 
3 of Article 1 of the Annex 1C to the 
Marrakesh Agreement Establishing the Country party to 
the Paris Convention, Member 
of the World Trade 
Organization or a IP/N/1/JPN/T/2 
Page 16  
 
 World Trade Organization) or 
nationals of a contracting party to the Trademark Law Treaty. contracting party 
to the Trademark Law Treaty. 
 
9quater.  Amendment of designated goods, etc. or the trademark for 
which trademark registration is sought and change of gist 
 
 Where, after registration of the establishment of the 
trademark right, it is found that an amendment of the designated 
goods or designated services stated in the request or the trademark for which registration is sought made, has changed the gist thereof, 
the trademark application shall be deemed to have been filed at the 
time when the amendment in writing was submitted.  
10.  Division of trademark applications 
 
 (1) An applicant for a trademark registration may divide a part of his application for trademark registration designating two 
or more items of goods or services as designated goods or designated 
services into one or more new trademark applications provided that the trademark application is pending in examination, trial 
examination or retrial examination or that a suit against a trial 
decision to refuse the trademark application is pending in court.  
 (2) Where a trademark application has been divided under the 
preceding subsection, the new trademark application shall be deemed to have been filed at the time of filing of the original 
application.  However, this provision shall not apply for the 
purposes of Section 9(2) of this Law and Section 43(1) and (2) of the Patent Law (Law No. 121 of 1959) as applied under Section 13(1) 
of this Law (including its application under Section 43bis(3) of the 
Patent Law as applied under Section 13(1) of this Law).  
 (3) Where the new application for trademark registration under 
Subsection (1) is filed, any statements or documents which have been submitted with respect to the original application for trademark 
registration and which shall be submitted with respect to the new 
application for trademark registration in accordance with Section 9(2) of this Law or Section 43(1) and (2) of the Patent Law as applied under Section 13(1) of this Law (including its application 
under Section 43bis(3) of the Patent Law as applied under Section 
13(1) of this Law), shall be deemed to have been submitted to the Commissioner of the Patent Office simultaneously with the said new 
application for trademark registration. 
 
11.  Conversion of applications 
 
 (1) An applicant may convert his application for registration of a collective trademark into an application for registration of an 
individual trademark (meaning a trademark application other than an 
application for registration of a collective trademark — hereinafter referred to as an “application for registration of an individual 
trademark”).  IP/N/1/JPN/T/2 
 Page 17 
 
 
  
 (2) An applicant may convert his application for registration of an individual trademark into an application for registration of a 
collective trademark. 
  (3) A trademark application may not be converted under the two 
preceding subsections after the examiner’s decision or the trial 
decision with respect to the application has become final and conclusive. 
 
 (4) Where the conversion of a trademark application under Subsection (1) or (2) has been made, the original trademark 
application shall be deemed to have been withdrawn. 
  (5) Section 10(2) and (3) shall apply mutatis mutandis to the 
conversion of a trademark application under Subsection (1) or (2). 
 
12. 
 
 (1) An applicant may convert his application for registration 
of a defensive mark into an application for trademark registration.  
 (2) An application may not be converted under the preceding 
subsection after the examiner’s decision or the trial decision with respect to the application for registration of a defensive mark has 
become final and conclusive. 
  (3) Sections 10(2) and (3) and 11(4) shall apply mutatis 
mutandis to the conversion of an application under Subsection (1). 
 
12bis.  Publication of applications 
 
 (1) When a trademark application has been filed, the Commissioner of the Patent Office shall publish the application. 
 
 (2) The publication of the application for trademark registration shall be effected by publishing the following particulars in the Trademark Gazette (Shohyo Koho).  However, this 
provision shall not apply to the particulars referred to in 
Paragraphs (iii) and (iv) where the Commissioner of the Patent Office recognizes that the publication of those particulars in the 
Trademark Gazette is liable to contravene public order or morality: 
 (i) the name and the domicile or residence of the applicant for a trademark registration; 
 (ii) the number and date of the application for a trademark 
registration;  (iii) the contents of the trademark stated in the request 
(represented in the standard characters as applicable under Sections 
5(3), hereinafter referred to in Sections 18(3)(iii) and 27(1) as “the trademark stated in the request”); 
 (iv) the designated goods or designated services; 
 (v) other necessary particulars.  IP/N/1/JPN/T/2 
Page 18  
 
 13.  Application mutatis mutandis of Patent Law 
 
 (1) Sections 43(1) to (4) and 43bis(2) and (3) of the Patent 
Law shall apply mutatis mutandis to trademark applications.  In such 
a case, “within one year and four months from the earliest date among the dates given in each of the following paragraphs” in 
Section 43(2) of the Patent Law shall read “within three months from 
the filing date of the trademark application” and “or a Member of the World Trade Organization” in Section 43bis(2) of the Patent Law 
shall read “a Member of the World Trade Organization or a 
contracting party to the Trademark Law Treaty”, “the nation of a Member of the World Trade Organization” in the same paragraph shall 
read “the nation of a Member of the World Trade Organization or the 
nation of a contracting party to the Trademark Law Treaty” and “Subsection (1) or (2)” in Section 43bis(3) of the Patent Law shall 
read “Subsection (1)”. 
  (2) Sections 33 and 34(4) to (7) (right to obtain patent) of the Patent Law shall apply mutatis mutandis to the rights deriving 
from a trademark application. 
 
13bis.  Money claim, etc. prior to registration of establishment of 
trademark right 
 
 (1) Where any applicant for trademark registration has, after 
filing of his application, give a warning by showing documents 
bearing the contents relating to the said application, he may claim, against person who has used the trademark in his application with 
respect to the designated goods or designated services in his 
application, the payment of money equivalent to his business loss 
caused by such use made after the warning and before the 
registration of the establishment of the trademark right concerning 
the designated goods or designated services relating to the said application. 
 
 (2) The right under the preceding subsection may not be exercised until after the establishment of the trademark right is registered. 
 
 (3) The exercise of the right under Subsection (1) shall not preclude the exercise of the trademark right. 
 
 (4) Where a trademark application has been surrendered, withdrawn or dismissed, or where the examiner’s decision or a trial 
decision that the trademark application is to be refused has become 
final and conclusive, or where the ruling to revoke the trademark registration under Section 43ter(2) has become final and conclusive, 
or where, with exception of the cases coming within the proviso to 
Section 46bis(1), a trial decision that the trademark registration is to be invalidated has become final and conclusive, the right 
under Subsection(1) shall be deemed never to have arisen. 
  IP/N/1/JPN/T/2 
 Page 19 
 
 
  (5) Sections 27 and 37 of this Law and Sections 105, 105bis 
and 106 of the Patent Law as applied under Section 39 of this Law, and Sections 719 and 724(tort) of the Civil Code shall apply mutatis 
mutandis to the exercise of the right under Subsection (1).  In such 
a case, where a person having the right to claim has become aware, before the registration of the establishment of the trademark right, 
of the fact of the use of the trademark relating to the said 
trademark application and of the person using the trademark, “the time when the injured party or his legal representative became aware 
of such damage and of the person causing it” in Section 724 of the 
said Code shall read “the date of the registration of the establishment of the patent right”. 
 
Chapter III  The Examination 
 
14.  Examination by examiner 
 
 The Commissioner of the Patent Office shall have applications for trademark registration examined by an examiner. 
 
15.  Examiner’s decision of refusal 
 
 The examiner shall make a decision that a trademark 
application is to be refused where it falls under any of the following paragraphs: 
 (i) the trademark in the trademark application is not 
registrable in accordance with Section 3, 4(1), 8(2) or (5), 51(2) (including its application under Section 52bis(2)) or 53(2) of this 
Law of Section 25 of the Patent Law as applied under Section 77(3) 
of this Law;  (ii) the trademark in the trademark application is not 
registrable in accordance with the provisions of a treaty; 
 (iii) the trademark application does not comply with the requirements of Section 6(1) or (2). 
 
15bis.  Notification of reasons for refusal 
 
 When the examiner intends to render a decision that an 
application is to be refused, he shall notify the applicant for the 
trademark registration of the reasons for refusal and give him an opportunity to submit a statement of his arguments, designating an 
adequate time limit. 
 
15ter. 
 
 (1) Where a trademark for which the registration is sought in 
a trademark application is a trademark which are identical with, or 
similar to, another person’s trademark applied for prior to the 
filing date of the trademark application concerned and which are used on the designated goods or designated services covered by the 
trademark referred to or on similar goods or services, the examiner 
may notify the applicant that his trademark application may fall under Section 15(i) if the other party’s trademark is registered, IP/N/1/JPN/T/2 
Page 20  
 
 and give him an opportunity to submit a statement of his arguments, 
designating an adequate time limit.  
 (2) Where a notification referred to in the preceding 
subsection has been served and the other applicant’s trademark is registered, the examiner shall not be required to serve a 
notification referred to in the preceding section. 
 
16.  Examiner’s decision that a trademark is to be registered 
 
 Where the examiner finds no reason for refusing a trademark application within the time limit prescribed by Cabinet Order, he 
shall render a decision that a trademark is to be registered. 
 
16bis.  Declining of amendments 
 
 (1) Where an amendment to the designated goods or designated services stated in the request or the trademark for which registration is sought would change the gist thereof, the examiner 
shall decline the amendment by a ruling. 
  (2) The ruling to decline an amendment under the preceding 
subsection shall be in writing and state the reasons therefor. 
  (3) Where a ruling to decline an amendment under Subsection 
(1) has been rendered, the examiner’s decision with respect to the 
trademark application shall not be rendered before the expiration of 30 days from the transmittal of that ruling. 
 
 (4) Where an applicant has demanded a trial under Section 45(1) against a ruling to decline an amendment under Subsection (1), 
the examiner shall suspend the examination of the trademark 
application until the trial decision has become final and conclusive. 
 
17.  Application mutatis mutandis of Patent Law 
 
 Section 47(2) (qualifications of examiners), Section 48 
(exclusion of examiners), Section 52 (formal requirements of 
decision) and Section 54 (relationship with litigation) of the Patent Law shall apply mutatis mutandis to the examination of 
trademark applications. 
 
17bis.  Application mutatis mutandis of Design Law 
 
 (1) Section 17ter (new application for design as amended) of the Design Law (Law No. 125 of 1959) shall apply mutatis mutandis to 
the case where an amendment is declined by a ruling under Section 
16bis(1).  
 (2) Section 17quater  of the Design Law shall apply mutatis 
mutandis to the extension of the time limit prescribed in Section  IP/N/1/JPN/T/2 
 Page 21 
 
 
 17ter(1) as applied under Subsection (1) or Section 55bis(3) 
(including its application under Section 60bis(2)).  
Chapter IV  The Trademark Right 
 
1.  The Trademark Right 
 
18.  Registration of establishment of trademark right 
 
 (1) A trademark right shall come into force upon registration 
of its establishment.  
 (2) The establishment of a trademark right shall be registered 
when the registration fee under Section 40(1) or the registration 
fee due to be paid within 30 days from the date of the transmittal 
of the examiner’s decision or the trial decision that the trademark 
is to be registered under Section 41bis(1) has been paid.   (3) Upon registration under the preceding subsection, the 
following particulars shall be published in the Trademark Gazette: 
 (i) the name and the domicile or residence of the owner of the trademark right; 
 (ii) the number and date of the trademark application; 
 (iii) the contents of the trademark stated in the request;  (iv) the designated goods or designated services; 
 (v) the registration number and date of the registration of 
the establishment;  (vi) other necessary particulars. 
 
 (4) During two months after the date of the publication of the Trademark Gazette which states the matter referred to in each 
paragraph of the preceding subsection (hereinafter referred to as 
“the Gazette containing the trademark”), the Commissioner of the Patent Office shall make the application files and their attachments 
available for public inspection in the Patent Office.  However, this 
provision shall not apply to documents or articles liable to injure the reputation or peaceful existence of an individual or documents and articles liable to contravene public order or morality, which 
the Commissioner of the Patent Office considers it necessary to keep 
secret.  
 (5) Where the Commissioner of the Patent Office is to lay open 
for public inspection documents or articles other than those liable to injure the reputation or peaceful existence of an individual or 
documents or articles liable to contravene public order or morality, 
which the Commissioner of the Patent Office considers it necessary to keep secret, the Commissioner shall notify a person who has 
submitted the documents or articles to that effect with a reason 
therefor.  
 
  IP/N/1/JPN/T/2 
Page 22  
 
 19.  Term of trademark right 
 
 (1) The term of a trademark right shall be ten years from the 
date of registration of its establishment. 
  (2) The term of a trademark right may be renewed by a request 
for registration of renewal. 
  (3) When renewal of the term of the trademark right has been 
registered, the term shall be deemed to have been renewed upon 
expiration of the term.  
20.  Request for registration of renewal of term 
 
 (1) Any person desiring the registration of a renewal of the 
term of a trademark right shall submit a request for renewal to the 
Commissioner of the Patent Office stating the following:  (i) the name and the domicile or residence of the requester;  (ii) the registration number of the trademark registration; 
 (iii) other matters fixed by an ordinance of the Ministry of 
Economy, Trade and Industry.  
 (2) A request for registration of renewal shall be made within 
six months prior to the date of expiration of the term.  
 (3) Where the owner of a trademark right is unable to make a 
request for registration of renewal within the time limit prescribed in the preceding subsection, he may make such request belatedly 
within six months from the expiration of that time limit. 
  (4) Where a request for registration of renewal is not made 
within the time limit allowing its owner to make such request under 
the preceding subsection, the trademark right shall be deemed to have been extinguished retroactively from the time of the expiration 
of the term. 
 
21.  Restoration of trademark right 
 
 (1) Where the trademark right is one which was deemed to have 
been extinguished under Section 20(4) and the owner of the extinguished trademark right is unable to make a request for 
registration of the renewal within the time limit allowing him to 
make such request under Section 20(3) due to reasons outside his control, he may make such request within 14 days (where he is a 
resident abroad, two months) from the date on which the reasons 
ceased to be applicable but not later than six months following the expiration of said time limit. 
 
 (2) When a request for registration of renewal is made under the preceding subsection, the term shall be deemed to have been 
renewed retroactively from the time of the expiration of the term. 
 
  IP/N/1/JPN/T/2 
 Page 23 
 
 
 22.  Restriction on effects of trademark right restored 
 
 The effects of the trademark right restored under Section 
21(2) shall not extend to the following acts after the expiration of 
the time limit referred to in Section 20(3) for the request for registration of renewal of the term of the trademark right but 
before the registration is made to the effect that the term has been 
renewed by the request made under Section 21(1):  (i) the use of the registered trademark with respect to the 
designated goods or designated services; and 
 (ii) the acts mentioned in each paragraph of Section 37.  
23.  Registration of renewal of term 
 
 (1) When the registration fee under Section 40(2) or the 
registration fee due to be paid at the time of a request for 
registration of renewal under Section 41bis(2) has been paid, the 
renewal of the term of the trademark right shall be registered.  
 (2) Notwithstanding the provision of the preceding subsection, 
where a request is made for registration of renewal under Section 20(3) or Section 21(1), the registration to the effect that the term 
of the trademark right has been renewed shall be made when the 
payment has been made for the registration fee under Section 40(2) and the registration fee with a surcharge under Section 43(1) or the 
registration fee due to be paid at the time of the request for 
registration of renewal under Section 41bis(2) and the registration fee with a surcharge under Section 43(2). 
 
 (3) Upon registration under the preceding two subsections, the following particulars shall be published in the Trademark Gazette: 
 (i) the name and the domicile or residence of the owner of a 
trademark right;  (ii) the registration number and date of the registration of 
renewal; and 
 (iii) other necessary particulars.  
24.  Division of trademark right 
 
 (1) Where there are two or more items of the designated goods 
or designated services, a trademark right may be divided into each 
such item. 
  (2) The division of a trademark right under the preceding 
subsection may be, in the case where a trial is demanded with 
respect to it under Section 46(2), applied for even after the extinguishment of the trademark right only during the pendency of 
the case in the trial or retrial examination or a litigation. 
 
 
 
  IP/N/1/JPN/T/2 
Page 24  
 
 24bis.  Transfer of trademark right 
 
 (1) Where there are two or more items of the designated goods 
or designated services, a trademark right may be transferred 
separately for each such item.  
 (2) A trademark right under a trademark application filed by 
the State or a local public entity, or an agency thereof, or a non-profit organization working in the public interest, referred to in 
Section 4(2), may not be assigned. 
  (3) A trademark right under a trademark application filed by a 
person carrying on a non-profit enterprise working in the public 
interest, referred to in Section 4(2), may be transferred only together with the enterprise itself. 
 
24ter.  Transfer of collective trademark right 
 
 (1) When a collective trademark right is transferred, the 
collective trademark shall be deemed to have been converted to an 
individual trademark right, except as provided in the following subsection. 
 
 (2) When the owner of a collective trademark desires to transfer his collective trademark right, he shall submit a statement 
to that effect and a document under Section 7(3) to the Commissioner 
of the Patent Office at the time of an application for registration of the transfer. 
 
24quater.  Demand for indication to prevent confusion resulting from 
transfer of trademark right 
 
 Where, as a result of the transfer of a trademark right, the trademark right to a similar registered trademark that is used for 
identical goods or services or the identical or a similar registered 
trademark that is used for similar goods or services comes to belong to a different person, and where the use of such registered trademark by the owner of a trademark right or the owner of a right 
of exclusive use or of non-exclusive use relating to one registered 
trademark for its designated goods or designated services is likely to cause damage to business interests of the owner of a trademark 
right or the owner of a right of exclusive use relating to the other 
registered trademark (limited to the business interests concerning the designated goods or designated services for which the other 
registered trademark is used), the owner of a trademark right or the 
owner of a right of exclusive use relating to the other registered trademark may request the owner of the trademark right or the owner 
of the right of exclusive use or  the owner of non-exclusive use 
relating to the one registered trademark to mark a suitable indication in the use thereof so as to prevent any confusion between 
the goods or services connected with the other’s business and those 
connected with the own business.   IP/N/1/JPN/T/2 
 Page 25 
 
 
 25.  Effects of trademark right 
 
 The owner of a trademark right shall have an exclusive right 
to use the registered trademark with respect to the designated goods 
or designated services.  However, where the trademark right is subject to a right of exclusive use, this provision shall not apply 
to the extent that the owner of that right has an exclusive right to 
use the registered trademark.  
26.  Limits of trademark right 
 
 (1) The effects of the trademark right shall not extent to the 
following trademarks (including those which constitute part of other 
trademarks):  (i) trademarks indicating, in a common way, one’s own 
portrait, name, famous pseudonym, professional name or pen name or a 
famous abbreviation thereof;  (ii) trademarks indicating, in a common way, the common name, origin, place of sale, quality, raw materials, efficacy, use, 
quantity, shape (including packaging shape hereinafter referred to 
in the following paragraph as “shape”) or price or the method or time of manufacturing or using the designated goods concerned or 
goods similar thereto or the common name of services similar to the 
designated goods, location of provision of the services, quality, articles for use in such provision, efficacy, use, quantity, modes, 
price, or methods or time of such provision; 
 (iii) trademarks indicating, in a common way, the common name of designated services or services similar thereto, location of 
provision of the services, quality, articles supplied for use in 
such provision, efficacy, use, quantity, modes, price, or method or time of such provision or the common name, origin, place of sale, 
quality, raw materials, efficacy, use, quantity, shape or price, or 
method or time of manufacturing or using the goods similar to the designated services; 
 (iv) trademarks customarily used on the designated goods or 
designated services, or goods or services similar thereto;  (v) trademarks consisting solely of a three-dimensional shape of goods or their packaging with the shape indispensable to secure 
the functions of the goods or their packaging. 
  (2) Paragraph (i) of the preceding subsection shall not apply 
where, after registration of the establishment of the trademark 
right, one’s own portrait, name, famous pseudonym, professional name or pen name or a famous abbreviation thereof has been used with the 
intention of violating the rules of fair competition. 
 
27.  Scope of registered trademark, etc. 
 
 (1) The scope of a registered trademark shall be decided on the basis of the trademark stated in the request. 
 
 (2) The scope of the designated goods or designated services shall be decided on the basis of the statement in the request. IP/N/1/JPN/T/2 
Page 26  
 
  
28. 
 
 (1) A request for interpretation may be made to the Patent 
Office with respect to the effects of a trademark right.  
 (2) Where such a request is made, the Commissioner of the 
Patent Office shall designate three trial examiners to give the requested interpretation. 
 
 (3) Section 71(3) and (4) of the Patent Law shall apply mutatis mutandis to the interpretation under Subsection (1). 
 
28bis. 
 
 (1) Where the Commissioner of the Patent Office is 
commissioned by a court to give an expert opinion with respect to the effects of the trademark right, he shall appoint three trial examiners to give the opinion. 
 
 (2) Section 71bis(2) shall apply mutatis mutandis to the commission therefor under the preceding subsection. 
 
29.  Relationship with another’s patent right, etc. 
 
 Where the use in a given manner of a registered trademark in 
respect of the designated goods or designated services conflicts with another person’s patent, utility model or design right under 
its application filed prior to the filing date of the trademark 
application concerned or with a nother person’s copyright taking 
effect prior to that date, the owner of the trademark right or of 
the right of exclusive or non-exclusive or non-exclusive use shall 
not use the registered trademark in such a manner on the part of the 
designated goods or designated services giving rise to the conflict. 
 
30.  Rights of exclusive use 
 
 (1) The owner of a trademark right may grant a right of 
exclusive use with respect to his trademark right.  However, this 
provision shall not apply to a trademark right under an application referred to in Section 4(2). 
 
 (2) The owner of a right of exclusive use shall have an exclusive right to use the registered trademark in respect of the 
designated goods or designated services to the extent laid down in 
the contract granting such right.  
 (3) A right of exclusive use may be transferred only with the 
consent of the owner of the trademark right or in the case of inheritance or other general succession. 
 
 (4) Section 77(4) and (5) (establishment of pledge, etc.), Section 97(2) (surrender) and Section 98(1)(ii) and (2) (effects of  IP/N/1/JPN/T/2 
 Page 27 
 
 
 registration) of the Patent Law shall apply mutatis mutandis to 
rights of exclusive use.  
31.  Rights of non-exclusive use 
 
 (1) The owner of a trademark right may grant a right of non-
exclusive use with respect to his trademark right.  However, this 
provision shall not apply to a trademark right under an application referred to in Section 4(2). 
 
 (2) The owner of a right of non-exclusive use shall have the 
right to use the registered trademark in respect of the designated 
goods or designated services to the extent laid down in the contract 
granting such right.  
 (3) A right of non-exclusive use may be transferred only with 
the consent of the owner of the trademark right (or only with the consent of such person and of the owner of the right of exclusive use, in the case of a right of non-exclusive use with respect to the 
right of exclusive use) or in the case of inheritances or other 
general succession.  
 (4) Section 73(1) (joint ownership), Section 94(2) 
(establishment of pledge), Section 97(3) (surrender) and Section 99(1) and (3) (effects of registration) of the Patent Law shall 
apply mutatis mutandis to rights of non-exclusive use. 
 
31bis.  Right of corporation or association members 
 
 (1) Members of a corporation or an association entitled to a collective trademark right under Section 7(1) (hereinafter referred 
to as “corporation or association members”) shall have the right to 
use the collective trademark with its designated goods or designated services in accordance with regulations set forth by the corporation 
or association.  However, where the trademark right is subject to a 
right of exclusive use, this provision shall not apply to the extent that the owner of that right has an exclusive right to use the registered trademark. 
 
 (2) The right provided for in the principal sentence of the preceding subsection shall not be transferred. 
 
 (3) For the purpose of Sections 24 quater, 29, 50, 52bis, 53 
and 73, corporation or association members shall be deemed as an 
owner of the right of non-exclusive use. 
 
 (4) For the purpose of Section 33(1)(iii) to collective trademark registrations, “a person who ... has a right of exclusive 
use with respect to the trademark right under the trademark 
registration that has been invalidated or a right of non-exclusive use which is effective, under Section 99(1) of the Patent Law as 
applied under Section 31(4) of this Law, against the trademark right 
or the right of exclusive use ...” in the Section 33(1)(iii) shall IP/N/1/JPN/T/2 
Page 28  
 
 read “a person who ... has a right of exclusive use with respect to 
the trademark right under the trademark registration that has been invalidated or a right of non-exclusive use which is effective, 
under Section 99(1) of the Patent Law as applied under Section 31(4) 
of this Law, against the trademark right or  the right of exclusive 
use or the corporation or association members who have the right to 
use the collective trademark”. 
 
32.  Right to use trademark by virtue of prior use 
 
 (1) Where, from a time prior to the filing by another person 
of a trademark application and without any intention of violating 
the rules of fair competition, a person has been using in Japan the 
trademark in the application or a similar trademark in respect of the designated goods or designated services in the application, or 
in respect of similar goods or services, and, as a result, the 
trademark has become well known among consumers as indicating the 
goods or services as being connected with his business at the time of filing of the trademark application (or at the time of filing of 
the original trademark application or of submission of an amendment 
when the trademark application is deemed to have been filed at the time of submission of the amendment in accordance with Section 
9quater of this Law or in accordance with Section 17ter(1) of the 
Design Law as applied under Section 17bis(1) of this Law or 55bis(3) (including its application under Section 60bis(2) of this Law)), 
such person shall have a right to use the trademark in respect of 
said goods or services provided that he does so continuously.  The same shall apply in the case of a person who has succeeded to the 
business concerned. 
  (2) The owner of the trademark right or of a right of 
exclusive use may request the person having a right to use the 
trademark under the preceding subsection to mark his goods or services with a suitable indication so as to prevent any confusion 
between the goods or services connected with the owner’s business 
and those connected with the other person’s business.  
33.  Right to use trademark due to use prior to registration of 
demand for invalidation trial 
 
 (1) When a person coming within any of the paragraphs set out 
below has been using in Japan a registered trademark or a similar 
trademark in respect of the designated goods or designated services or similar goods or services, prior to the registration of a demand 
for a trial under Section 46(1), without knowing that a trademark 
registration falls under any of the paragraphs of the subsection referred to, and the trademark has become well known among consumers 
as indicating the goods or services as being connected with his 
business, such person shall have a right to use the trademark in respect of the goods or services provided that he does so 
continuously.  The same shall apply in the case of a person who has 
succeeded to the business concerned:  IP/N/1/JPN/T/2 
 Page 29 
 
 
  (i) the original owner of the trademark right, where one of 
two or more trademark registrations granted for identical or similar trademarks to be used in respect of identical or similar designated 
goods or designated services has been invalidated; 
 (ii) the original owner of the trademark right where his trademark registration has been invalidated and a trademark 
registration has been granted to the person entitled for identical 
or similar trademarks to be used on identical or similar designated goods or designated services; 
 (iii) in the cases referred to in the two preceding 
paragraphs, a person who, at the tim e of registration of the demand 
for a trial under Section 46(1), has a right of exclusive use with 
respect to the trademark right under the trademark registration that 
has been invalidated or a right of non-exclusive use which is effective, under Section 99(1) of the Patent Law as applied under 
Section 31(4) of this Law, against the trademark right or the right 
of exclusive use.   (2) The owner of the trademark right or of the right of 
exclusive use shall have a right to a reasonable remuneration as 
consideration for the right of non-exclusive use under the preceding subsection. 
 
 (3) Section 32(2) shall apply mutatis mutandis to Subsection (1). 
 
33bis.  Right to use trademark after expiration of term of patent 
right, etc. 
 
 (1) Where a patent right under a patent application filed prior to or on the date of an application for registration of a 
trademark conflicts with the trademark right under that trademark 
application and the term of the patent right has expired, the patentee shall have the right to use to the extent of the original 
patent right, the registered trademark or other trademark similar 
thereto with respect to the designated goods or designated services covered by the trademark application or goods or services similar 
thereto.  However, this provision shall apply only where the 
registered trademark is used without the intention of violating the 
rules of fair competitions.  
 (2) Section 32(2) shall apply mutatis mutandis to the 
preceding subsection.  
 (3) The provisions of the preceding two subsections shall 
apply mutatis mutandis where a utility model or design right under an application filed prior to or on the filing date of the trademark 
application conflicts with the trademark right under the trademark 
application and the term of the utility model or design right expired. 
 
 
 IP/N/1/JPN/T/2 
Page 30  
 
 33ter. 
 
 (1) Where a patent right under a patent application filed 
prior to or on the filing date of the trademark application 
conflicts with a trademark right under that trademark application and the term of the patent right has expired, any person who has the 
exclusive license on the patent right or a non-exclusive license 
with respect to the patent right or its exclusive license with effects as provided under Section 99(1) of the Patent Law at the 
time of its expiration shall have the right to use, within the scope 
of the original patent right, the registered trademark or other trademark similar thereto with respect to the designated goods or 
designated services falling under the trademark application or goods 
or services similar thereto.  However, this provision shall apply 
only where the registered trademark is used without the intention of 
violating the rules of fair competition. 
  (2) Sections 32(2) and 33(2) shall apply mutatis mutandis to the preceding subsection. 
 
 (3) The provisions of the preceding two subsections shall 
apply mutatis mutandis where a utility model or design right under 
an application filed prior to or on the filing date of the trademark 
application conflicts with a trademark right under that trademark application and the term of the utility model or design right has 
expired. 
 
34.  Pledges 
 
 (1) Where a trademark right or a right of exclusive or non-exclusive use is the subject of a pledge, the pledgee may not use 
the registered trademark in respect of the designated goods or 
designated services except as otherwise provided by contract.  
 (2) Section 96 (attachment) of the Patent Law shall apply 
mutatis mutandis to pledges on a trademark right or a right of exclusive or non-exclusive use.  
 (3) Section 98(1)(iii) and (2) (effects of registration) of 
the Patent Law shall apply mutatis mutandis to pledges on a trademark right or a right of exclusive use. 
 
 (4) Section 99(3) (effects of registration) of the Patent Law shall apply mutatis mutandis to pledges on a right of non-exclusive 
use. 
 
35.  Application mutatis mutandis of Patent Law 
 
 Section 73 (joint ownership), Section 76 (extinguishment of patent right in absence of heir), Section 97(1) (surrender) and 
Section 98(1)(i) and (2) (effects of registration) of the Patent Law 
shall apply mutatis mutandis to trademark rights.  In such a case, “transfer otherwise than by inheritance or other general succession  IP/N/1/JPN/T/2 
 Page 31 
 
 
 ...” in Section 98(1)(i) of the Patent Law shall read “division or 
transfer otherwise than by inheritance or other general succession ...”. 
 
2. Infringement 
 
36.  Injunctions 
 
 (1) The owner of a trademark right or of a right of exclusive 
use may require a person who is infringing or is likely to infringe 
the trademark right or right of exclusive use to discontinue or refrain from such infringement. 
 
 (2) The owner of a trademark right or of a right of exclusive use who is acting under the preceding subsection may demand the 
destruction of the articles by which the act of infringement was 
committed, the removal of the facilities used for the act of infringement, or other measures necessary to prevent the 
infringement. 
 
37.  Acts deemed to be infringement 
 
 The following acts shall be deemed to be an infringement of a 
trademark right or of a right of exclusive use:  (i) use of a trademark similar to the registered trademark in 
respect of the designated goods or designated services, or use of 
the registered trademark or of trademark similar thereto in respect of goods or services similar to the designated goods or designated 
services; 
 (ii) acts of holding, for the purpose of assignment or delivery, designated goods, or goods which are similar to the 
designated goods or designated services and to which or on the 
packaging of which the registered trademark or a trademark similar thereto has been applied; 
 (iii) acts of holding or importing articles which are for use 
by persons to whom the services are provided and to which the registered trademark or a trademark similar thereto has been applied, in the provision of the designated services, or of services 
similar to the designated services or designated goods, for the 
purpose of using such articles in the provision of such services;  (iv) acts of assigning or delivering articles which are for 
use by persons to whom the services are provided and to which the 
registered trademark or a trademark similar thereto has been applied, in the provision of the designated services, or services 
similar to the designated services or designated goods, for the 
purpose of causing such articles to be used in the provision of such services, or acts of holding or importing such articles for the 
purpose of assigning or delivering them; 
 (v) acts of holding articles bearing a reproduction of the registered trademark or a trademark similar thereto for the purpose 
of using such trademark in respect of the designated goods or 
designated services or of goods or services similar thereto; IP/N/1/JPN/T/2 
Page 32  
 
  (vi) acts of assigning or delivering, or of holding, for the 
purpose of assignment or delivery, articles bearing a reproduction of the registered trademark or a trademark similar thereto, for the 
purpose of causing such trademark to be used in respect of the 
designated goods or designated services or of goods or services similar thereto; 
 (vii) acts of manufacturing or importing articles bearing a 
reproduction of the registered trademark or a trademark similar thereto for the purpose of using such trademark, or causing it to be 
used, in respect of the designated goods or designated services or 
of goods or services similar thereto;  (viii) acts of manufacturing, assigning, delivering or 
importing, in the course of trade, articles to be used exclusively 
for manufacturing goods bearing a reproduction of the registered trademark or a similar trademark. 
 
38.  Presumption, etc. of amount of damage 
 
 (1) Where the owner of a trademark right or exclusive licensee 
claims, from a person who has intentionally or negligently infringed 
the trademark right or exclusive license, compensation for damage 
caused to him by the infringement, and the person’s act is the 
assignment of articles by which the act of the infringement was 
committed, the sum of money with the unit price of such articles 
multiplied by the number of articles (hereinafter referred to in 
this paragraph as the “number of assigned articles”) which the owner 
of the trademark right or exclusive licensee could have sold in the absence of the infringement may be estimated as the amount of damage 
suffered by the owner of the trademark right or exclusive licensee 
within a limit not exceeding an amount attainable depending on the working capacity of the owner of the trademark right or exclusive 
licensee.  Where there is any circumstance that prevents the owner 
of the trademark right or exclusive licensee from selling part or the whole of the number of assigned articles, a sum equivalent to 
the number of assigned articles subject to that condition shall be 
deducted.   (2) Where the owner of a trademark right or of a right of 
exclusive use claims, from a person who has intentionally or 
negligently infringed the trademark right or right of exclusive use, compensation for damage caused to him by the infringement, the 
profits gained by the infringer through the infringement shall be 
presumed to be the amount of damage suffered by the owner.  
 (3) The owner of a trademark right or of a right of exclusive 
use may claim, from a person who has intentionally or negligently infringed the trademark right or the right of exclusive use, an 
amount of money which he would be entitled to receive for the use of 
the registered trademark, as the amount of damage suffered by him.  
 (4) The preceding subsection shall not preclude a claim to 
damages exceeding the amount referred to therein.  In such a case, where there has been neither willfulness nor gross negligence on the  IP/N/1/JPN/T/2 
 Page 33 
 
 
 part of the person who has infringed the trademark right or the 
right of exclusive use, the court may take this into consideration when awarding damages. 
 
39.  Application mutatis mutandis of Patent Law 
 
 Section 103 (presumption of negligence) and Sections 104bis to 
106 (obligation to clarify relevant act in concrete manner, production of documents, etc., expert opinion for proof of damage 
award of reasonable damages, and measures for recovery of 
reputation) of the Patent Law shall apply mutatis mutandis to the infringement of a trademark right or a right of exclusive use. 
 
3. The Registration Fee 
 
40.  Registration fee 
 
 (1) A person who obtains registration of a trademark shall pay, as a registration fee, the amount of 66,000 yen per case or 
this amount multiplied by the number of classes of the 
classification of goods and services (classes of the classification of goods and services which are prescribed by Cabinet Order referred 
to in Section 6(2) and to which the designated goods or designated 
services belong; hereinafter the same).  
 (2) A person who applies for registration of renewal of the 
term of a trademark right shall pay the amount of 151,000 yen per case or this amount multiplied by the number of classes of the 
classification of goods and services covered as a registration fee. 
  (3) The two preceding subsections shall not apply to trademark 
rights belonging to the State or independent administrative 
institutions (referring to the independent administrative institutions prescribed in Section 2(1) of the Law concerning the 
General Provisions of Independent Administrative Institutions (Law 
No. 103 of 1999), hereinafter the same) which are those to be set up by Cabinet Order by taking into consideration the substance of their business and other circumstances. 
 
 (4) The provisions of Subsections (1) and (2) shall not apply to a trademark right owned jointly by the State and the independent 
administrative institutions prescribed by Cabinet Order in the 
preceding subsection or owned jointly by the independent 
administrative institutions prescribed by Cabinet Order in the same 
subsection. 
  (5) Where the State and the like (referring to the State or 
the independent administrative institutions prescribed by Cabinet 
Order in Subsection (3), the same in Section 76(3) and (5)) and the person other than the State and the like (referring to the person 
other than the State and the independent administrative institutions 
prescribed by Cabinet Order in Subsection (3), the same in this subsection and the same section (5)) jointly own a trademark right IP/N/1/JPN/T/2 
Page 34  
 
 and there is an agreement with respect to their shares of the right, 
the registration fee under Subsection (1) or (2) shall be a sum with 
the prescribed registration fee under these subsections multiplied 
by the ratios of the shares of the persons other than the State and 
the like, and the persons other than the State and the like shall pay such sum, notwithstanding the provision of Subsection (1) or 
(2). 
  (6) Where the amount of the registration fee calculated in 
accordance with the provision of the preceding subsection has a 
fractional figure less than 10 yen, that fractional figure shall be discarded. 
 
 (7) The payment of the fee under Subsection (1) or (2) shall 
be made by patent revenue stamps as prescribed by an ordinance of 
the Ministry of Economy, Trade and Industry.  However, wherever so 
prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash.  
41.  Time limit for payment of registration fee 
 
 (1) The registration fee under Section 40(1) shall be paid 
within 30 days from the date of the transmittal of the examiner’s 
decision or trial decision that the trademark registration is to be effected. 
 
 (2) Upon the request of a person liable to pay a registration 
fee, the Commissioner of the Patent Office may extend the period 
prescribed in the preceding subsection by a period not exceeding 30 
days.  
 (3) A registration fee as prescribed in Section 40(2) shall be 
paid at the time of a request for registration of renewal.  
41bis.  Payment of registration fee in installments 
 
 (1) Notwithstanding Section 40(1), a person who obtains registration of a trademark right may pay the prescribed 
registration fee in installments.  In this case, the amount of 
44,000 yen per case or this amount multiplied by the number of classes of the classification of goods and services shall be paid 
for each case within 30 days from the date of the transmittal of the 
examiner’s decision or trial decision that the trademark is to be registered and also the amount of 44,000 yen per case or this amount 
multiplied by the number of classes of the classification of goods 
and services for each case by the end of five years before the expiration of the term of the trademark right. 
 
 (2) Notwithstanding Section 40(2), a person who makes a request for registration of renewal may pay the prescribed fee in 
installments.  In this case, the amount of 101,000 yen per case or 
this amount multiplied by the number of classes of the classification of goods and services shall be paid for each case at  IP/N/1/JPN/T/2 
 Page 35 
 
 
 the time of a request for registration of renewal and also the 
amount of 101,000 per case or this amount multiplied by the number of classes of the classification of goods and services by the end of 
five years before the expiration of the term of the trademark right. 
  (3) Where the owner of a trademark right is unable to pay the 
registration fee due to be paid by the end of five years before the 
expiration of the trademark right under Subsection (1) or (2), he may pay the registration fee belatedly within six months after the 
expiration of that time limit. 
  (4) When the owner of a trademark right fails to pay, within a 
period during which he may make a delayed payment of the prescribed 
registration fee under the preceding subsection, a registration fee due to be paid under Subsection (1) or (2) by the end of five years 
before the expiration of a trademark right and a surcharge under 
Section 43(3), the trademark right shall be deemed to have been extinguished retroactive to the date of the end of five years before its expiration. 
 
 (5) Section 40(3) to (6) shall apply mutatis mutandis to Subsections (1) and (2). 
 
 (6) Section 41(2) shall apply mutatis mutandis to the payment of a registration fee due to be paid within 30 days from the 
transmittal of the examiner’s decision or the trial decision to a 
trademark is to be registered under Subsection (1).  
41ter.  Payment of registration fee by an interested person 
 
 (1) Any interested person may pay a registration fee 
(excluding a registration fee due to be paid at the time of a 
request for registration of renewal) even against a will of the person liable to pay the registration fee. 
 
 (2) An interested person who has paid a registration fee under the preceding subsection may demand reimbursement of the expenditure to the extent that the person liable to pay is actually making a 
profit. 
 
42.  Refund of registration fee 
 
 (1) A registration fee paid shall be refunded on the request of the person making the payment where it falls under any of the 
following paragraphs: 
 (i) registration fee paid by mistake or in excess;  (ii) registration fee due to be paid by the end of five years 
before the expiration of a trademark right under Section 41bis(1) or 
(2) (only in case where a ruling to revoke under Section 43ter(2) or a trial decision or a retrial decision that the trademark 
registration is to be invalidated has become final and conclusive by 
the end of five years before the expiration of the trademark right).  IP/N/1/JPN/T/2 
Page 36  
 
  (2) No refund of a registration fee under the preceding 
subsection may be requested after one year from the date of payment 
in the case of a registration fee prescribed under Paragraph (i) 
above, or after six months from the date on which a ruling to revoke 
under Section 43ter(2) or a trial decision or a retrial decision became final and conclusive in the case of a registration fee under 
Paragraph (ii) above. 
 
43.  Surcharge registration fee 
 
 (1) A person who makes a request for registration of renewal of a trademark right under Section 20(3) or Section 21(1) shall pay, 
in addition to a registration fee due to be paid under Section 
40(2), a surcharge equivalent in amount to the registration fee.  
 (2) In the case where Section 41bis(2) is applicable, a person 
as prescribed in the preceding subsection shall pay, in addition to a registration fee due to be paid at the time of an application for registration of renewal of a trademark right under Section 41bis(2), 
a surcharge equivalent in amount to the registration fee. 
  (3) In the case where Section 41bis(3) is applicable, the 
owner of a trademark right shall pay, in addition to a registration 
fee due to be paid by the end of five years before the expiration of the trademark right under Section 41bis(1) or (2), a surcharge 
equivalent in amount to the registration fee. 
  (4) The payment of the surcharge under the preceding three 
subsections shall be made by revenue stamps as prescribed by an 
ordinance of the Ministry of Economy, Trade and Industry.  However, wherever so prescribed by an ordinance of the Ministry of Economy, 
Trade and Industry, such payment may be made in cash. 
 
Chapter IVbis  Opposition to Registration 
 
43bis.  Opposition to registration 
 
 Only within two months from the publication of the Gazette 
containing the trademark, any person may file with the Commissioner 
of the Patent Office an opposition to a trademark registration on the grounds that the trademark registration falls under any of the 
undermentioned paragraphs.  In such an event, if two or more items 
of designated goods or designated services are covered by the trademark registration, the opposition may be filed with respect to 
each of such designated goods or designated services.  That is: 
 (i) where the trademark registration has been effected contrary to Section 3, 4(1), 8(1), (2) or (5), 51(2) (including its 
application under Section 52bis(2)), 53(2) or Section 25 of the 
Patent Law as applied under Section 77(3);  (ii) where the trademark registration has been effected 
contrary to the provisions of a treaty. 
 
  IP/N/1/JPN/T/2 
 Page 37 
 
 
 43ter.  Ruling 
 
 (1) A trial concerning an opposition and a ruling thereon 
shall be conducted by a collegial body of three or five trial 
examiners.  
 (2) Where it is found that the trademark registration 
concerned in the opposition falls under any of the paragraphs of the preceding section, the trial examiners shall render a ruling that 
the trademark registration is to be revoked (hereinafter referred to 
as the “ruling to revoke”).  
 (3) Where a ruling to revoke has become final and conclusive, 
the trademark right shall be deemed never to have existed.  
 (4) Where it is not found that the trademark registration in 
the opposition falls under any of the paragraphs of the preceding section, the trial examiners shall render a ruling that the trademark registration is to be maintained. 
 
 (5) No appeal shall lie from a ruling under Subsection (4).  
43quater.  Formal requirements of a written opposition, etc. 
 
 (1) A person filing an opposition to a trademark registration 
shall submit a written opposition to the Commissioner of the Patent 
Office stating the following:  (i) the name and the domicile or residence of the opponent and 
his representative; 
 (ii) an identification of the trademark registration concerned in the opposition; 
 (iii) the grounds of the opposition and an indication of the 
supporting evidence.  
 (2) An amendment of the written opposition submitted under the 
preceding subsection shall not change the gist thereof.  However, 
this shall not apply to an amendment made to the matter prescribed in Paragraph (iii) of the preceding subsection before a lapse of 30 
days after the expiration of the time limit prescribed in Section 
43bis.  
 (3) The Commissioner of the Patent Office may, for the benefit 
of a person residing in a place that is remote or difficult of access, extend upon request or ex officio the period prescribed in 
the preceding subsection. 
  (4) The trial examiner-in-chief shall transmit a copy of the 
written opposition to the owner of the trademark right. 
  (5) Section 46(3) shall apply mutatis mutandis where the 
opposition has been filed. 
 
 IP/N/1/JPN/T/2 
Page 38  
 
 43quinquies.  Designation of trial examiners, etc. 
 
 Sections 136(2) and 137 to 144 of the Patent Law as applied 
under Section 56(1) shall apply mutatis mutandis to the collegial 
body under Section 43ter(1) and trial examiners constituting thereof. 
 
43quinquies-bis.  Trial Clerk 
 
 (1) The Commissioner of the Patent Office shall designate a 
trial clerk for each case of opposition to a trademark registration.  
 (2) Section 144bis(3) to (5) of the Patent Law as applied 
under Section 56(1) of this Law shall apply to the trial clerk in the preceding subsection. 
 
43sexies.  Conduct of trial examination, etc. 
 
 (1) The trial examination of the opposition shall be conducted 
by documentary examination.  However, the trial examiner-in-chief 
may decide to conduct the trial by oral trial on a motion by the owner of the trademark right, an opponent or an intervenor, or ex 
officio. 
  (2) Sections 145(3) to (5), 146 and 147 of the Patent Law as 
applied under Section 56(1) of this Law shall apply mutatis mutandis 
to the oral examination in accordance with the proviso to the preceding subsection. 
 
 (3) Where there is a ground for interruption or suspension of the trial proceedings of an opposition and ruling thereon on the 
part of one of the joint owners of a trademark right, the 
interruption or suspension shall have effect on all of them.  
43septies.  Intervention 
 
 (1) Any person who has a right with respect to the trademark right or any other person who has an interest in the trademark right 
may intervene in the trial examination, in order to assist the owner 
of the trademark right until the ruling on the opposition.  
 (2) Sections 148(4) and (5) and 149 of the Patent Law as 
applied under Section 56(1) of this Law shall apply mutatis mutandis to the intervenor under the preceding subsection. 
 
43octies.  Taking of evidence and preservation thereof 
 
 Sections 150 and 151 of the Patent Law as applied under 
Section 56(1) of this Law shall apply mutatis mutandis to the examination and preservation of evidence in a trial examination of 
opposition. 
 
  IP/N/1/JPN/T/2 
 Page 39 
 
 
 43novies.  Trial examination ex officio 
 
 (1) In a trial examination of an opposition, even the grounds 
that have not been pleaded by the owner of a trademark right, an 
opponent or intervenor may be examined.  
 (2) In a trial examination of an opposition, only the 
designated goods or designated services challenged by the opponent may be considered in the trial examination. 
 
43decies.  Combination or separation of trial examination 
 
 (1) Trial examinations of two or more oppositions concerning 
the same trademark right shall be combined, unless special circumstances exist. 
 
 (2) Trial examinations that have been combined under the preceding subsection may later be conducted separately.  
43undecies.  Withdrawal of oppositions 
 
 (1) An opposition to the trademark registration may not be 
withdrawn after the notification under Section 43duodecies. 
  (2) Section 155(3) of the Patent Law as applied under Section 
56(2) of this Law shall apply mutatis mutandis to the withdrawal of 
the opposition.  
43duodecies.  Notification of reasons for revocation 
 
 When the trial examiner-in-chief intends to render a ruling to 
revoke, he shall notify the owner of the trademark right and 
intervenor of the reasons for revocation of the trademark registration and give them an opportunity to submit a statement of 
their arguments, designating an adequate time limit. 
 
43terdecies.  Formal requirements of ruling 
 
 (1) The ruling on the opposition shall be in writing and shall 
state particulars mentioned below, and the trial examiners who have rendered the ruling shall have their names and seals affixed 
thereto: 
 (i) the number of the opposition case;  (ii) the name and the domicile or residence of the owner of 
the trademark right, opponent and intervenor as well as of their 
representatives;  (iii) the identification of the registered trademark relating 
to the ruling; 
 (iv) the conclusions of the ruling and the reasons therefor;  (v) the date of the ruling. 
 
 (2) Once the ruling has been rendered, the Commissioner of the Patent Office shall transmit it to the owner of the trademark right, IP/N/1/JPN/T/2 
Page 40  
 
 an opponent, intervenor and persons whose demand to intervene has 
been refused.  
43quater decies.  Application mutatis mutandis of provisions on 
trial 
 
 (1) Sections 133, 133bis, 134(4), 135, 152, 168, 169(3) to (6) 
and 170 of the Patent Law as applied under Section 56(1) of this Law 
shall apply mutatis mutandis to the trial examination of the 
opposition and the ruling thereon. 
  (2) Section 43ter(5) of this Law shall apply mutatis mutandis 
to the ruling under Section 135 of the Patent Law as applied under 
the preceding subsection.  
Chapter V  Trial 
 
44.  Trial against examiner’s decision of refusal 
 
 (1) A person who has received the examiner’s decision that his 
application is to be refused and is dissatisfied may demand a trial 
thereon within 30 days from the transmittal of the examiner’s 
decision. 
  (2) Where, due to reasons outside his control, a person is 
unable to demand a trial under the preceding subsection within the 
time limit prescribed therein, he may, notwithstanding that subsection, make the demand within 14 days (where he is a resident 
abroad, within two months) from the date when the reason ceased to 
be applicable but not later than six months following the expiration of the said time limit. 
 
45.  Trial against ruling to decline amendment 
 
 (1) A person who has received a ruling to decline an amendment 
under Section 16bis(1) and is dissatisfied may demand a trial thereon within 30 days from the transmittal of the ruling.  However, this provision shall not apply when a new application for trademark 
registration has been filed under Section 17ter(1) of the Design Law 
as applied under Section 17bis(1) of this Law.  
 (2) Section 44(2) shall apply mutatis mutandis to the demand 
for a trial under the preceding subsection.  
46.  Trial for invalidation of trademark registration 
 
 (1) In the following cases, a trial may be demanded for the 
invalidation of a trademark registration.  In such event, if two or 
more items of designated goods or designated services are covered by the trademark registration, the trial may be demanded with respect 
to each of such designated goods or designated services: 
 (i) where the registration has been effected contrary to Section 3, 4(1), 8(1), (2) or (5), 51(2) (including its application  IP/N/1/JPN/T/2 
 Page 41 
 
 
 under Section 52bis(2)) or 53(2) or to Section 25 of the Patent Law 
as applied under Section 77(3) of this Law;  (ii) where the registration has been effected contrary to the 
provisions of a treaty; 
 (iii) where the registration has been effected in respect of a trademark application filed by a person who has not succeeded to the 
right deriving from the trademark application; 
 (iv) where, after the registration, the owner of the trademark right has become a person who can no longer enjoy such right under 
Section 25 of the Patent Law as applied under Section 77(3) of this 
Law or the registration no longer complies with a treaty;  (v) where, after the registration, the registered trademark 
has become a trademark falling under Section 4(1)(i) to (iii), (v) 
and (vii) to (xvi).  
 (2) Even after the extinguishment of a trademark right, a 
trial under the preceding subsection may be demanded.   (3) Where a trial under Subsection (1) has been demanded, the 
trial examiner-in-chief shall notify the owner of a right of 
exclusive use with respect to the trademark right and other persons who have any registered rights relating to the trademark 
registration. 
 
46bis. 
 
 (1) Where a trial decision that the trademark registration is to be invalidated has become final and conclusive, the trademark 
right shall be deemed never to have existed.  However, where a 
trademark registration falls under Section 46(1)(iv) or (v) and a trial decision that the trademark registration is to be invalidated 
has become final and conclusive, the trademark right shall be deemed 
not to have existed from the time when the trademark registration came to fall under Section 46(1)(iv) or (v). 
 
 (2) In the case of proviso to the preceding subsection, where a time at which the registered trademark came to fall under Section 46(1)(iv) or (v) cannot be established, the trademark right shall be 
deemed not to have existed from the date of the registration of a 
demand for a trial to invalidate the trademark registration.  
47. 
 
 Where a trademark registration has been effected contrary to 
Section 3, 4(1)(viii) or (xi) to (xiv) or 8(1), (2) or (5), contrary 
to Section 4(1)(x) or (xvii) (except where registration was obtained with the intention of violating the rules of fair competition) or 
contrary to Section 4(1)(xv) (except where the registration was 
obtained for unfair intention), or where a trademark registration falls under Section 46(1)(iii), a trial on the trademark 
registration may not be demanded under Section 46(1) after five 
years from the registration of the establishment of the trademark 
right. IP/N/1/JPN/T/2 
Page 42  
 
  
48.  [Deleted] 
 
49.  [Deleted] 
 
50.  Trial for cancellation of trademark registration 
 
 (1) Where neither the owner of the trademark right nor the owner of a right of exclusive use nor the owner of a right of non-
exclusive use has been continuously using, in Japan for three years 
or more, the registered trademark (including a trademark consisting of identical characters only with their fonts modified, trademarks 
which, with their indication mutually replaced in character of 
hiragana and katakana (Japanese phonetic characters) and Latin alphabet may imply an identical pronunciation and concept, a 
trademark consisting of figures common in appearance and other 
trademarks regarded to be generally accepted as identical with the registered trademark — hereinafter referred to in this Section as “registration trademark”) in respect of each item of the designated 
goods or designated services, any person may demand a trial for the 
cancellation of registration of the trademark with respect to such designated goods or designated services. 
 
 (2) In the case where a trial under the preceding subsection has been demanded, unless the defendant can prove that either the 
owner of the trademark right or the owner of a right of exclusive 
use or the owner of a right of non-exclusive use has used in Japan within three years prior to the registration of the demand for the 
trial the registered trademark in respect of any item of the 
designated goods or designated services to which the demand referred to relates, the owner of the trademark shall not avert the 
cancellation of the registered trademark for the designated goods or 
designated services.  However, this provision shall not apply where the defendant justifies that there are legitimate reasons for the 
failure to use the registered trademark in respect of the designated 
goods or designated services.   (3) Where a registered trademark of which the cancellation 
trial has been demanded under Subsection (1) is used by the owner of 
the trademark right or the owner of a right of its exclusive use or its non-exclusive use in respect of the designated goods or 
designated services to which the demand referred to relates from 
three months before a demand for such cancellation till the date of the registration of the demand, such a use of the registered 
trademark shall not fall under the use of the registered trademark 
referred to in Subsection (1) provided that the demandant proves that the registered trademark was used with the knowledge that the 
cancellation trial for the registered trademark had been demanded.  
However, this provision shall not apply where the defendant justifies that there are legitimate reasons for such use of the 
registered trademark. 
 
  IP/N/1/JPN/T/2 
 Page 43 
 
 
 51. 
 
 (1) Where the owner of the trademark right intentionally uses 
a trademark similar to the registered trademark in respect of the 
designated goods or designated services, or intentionally uses the registered trademark or similar trademark in respect of goods or 
services similar to the designated goods or designated services in a 
way which may be misleading as to the quality of the goods or services or which may cause confusion with goods or services 
connected with any other person’s business, any person may demand a 
trial for the cancellation of the trademark registration.  
 (2) Where a trademark registration has been canceled under the 
preceding subsection, the former owner of the trademark right may 
not obtain a trademark registration of the same or a similar 
trademark, for the designated goods or designated services covered 
by the trademark registration or for goods or services similar thereto, until five years have elapsed since the date when the trial decision ordering cancellation became final and conclusive. 
 
52. 
 
 The trial under Section 51(1) may not be demanded after five 
years from the date on which the owner of a trademark right ceased to use the trademark in the manner referred to in that subsection. 
 
52bis. 
 
 (1) Where, as a result of the transfer of a trademark right, 
the trademark right to a similar registered trademark that is used for identical goods or services or the identical or similar 
registered trademark that is used for similar goods or services 
comes to belong to a different owner and where the use of one registered trademark by its owner is use, with an intention of 
violating the rules of fair competition, of the registered trademark 
for its designated goods or designated services in a way which may cause confusion with goods or services connected with the business of the owner of other registered trademark or the owner of the right 
of its exclusive or non-exclusive use, any person may demand a trial 
for the cancellation of the trademark registration.  
 (2) Sections 51(2) and 52 shall apply mutatis mutandis to the 
trial under Subsection (1). 
 
53. 
 
 (1) Where the owner of a right of exclusive or non-exclusive 
use uses the registered trademark or a similar trademark in respect 
of the designated goods or designated services or goods or services similar thereto in a way which may be misleading as to the quality 
of the goods or services or which may cause confusion with goods or 
services connected with any other person’s business, any person may demand a trial for the cancellation of the trademark registration.  IP/N/1/JPN/T/2 
Page 44  
 
 However, this provision shall not apply where the owner of the 
trademark right was both unaware of the fact and taking appropriate care. 
 
 (2) Where a trademark registration has been canceled under the 
preceding subsection, the former owner of the trademark right and 
the former owner of the right of exclusive or non-exclusive use who 
had used the mark in the way referred to in the preceding subsection may not obtain a trademark registration of the registered trademark 
or a similar trademark, for the designated goods or designated 
services covered by the trademark registration or for goods or services similar thereto, until five years have elapsed since the 
date when the trial decision ordering cancellation became final and 
conclusive.  
 (3) Section 52 shall apply mutatis mutandis to the trial under 
Subsection (1).  
53bis. 
 
 Where a registered trademark is the trademark of a person who 
has the right to the trademark in a country party to the Paris 
Convention or a Member of the World Trade Organization or a country 
party to the Trademark Law Treaty (but only where such right is equivalent to the trademark right) or is similar to such a 
trademark, and the goods or services relating to such right or 
similar goods or services have been made the designated goods or designated services, and moreover the trademark application 
concerned was made, without a legitimate reason and without the 
authorization of the person who has the right to the trademark, by his agent or representative or by a person who was his agent or 
representative at any time during the year preceding the filing date 
of the application, the person who has the right to the trademark 
may demand a trial for the cancellation of its registration. 
 
53ter. 
 
 The trial under Section 53bis may not be demanded after five 
years from the registration of the establishment of the trademark 
right.  
54. 
 
 (1) When a trial decision ordering cancellation of a trademark 
registration has become final and conclusive, the trademark right 
shall from that moment become extinguished.  
 (2) Notwithstanding the preceding subsection, a trademark 
right shall be deemed to have extinguished on the date of registration of a demand for the trial where the trial decision that 
a trademark registration is to be canceled has become final and 
conclusive on the trial under Section 50(1).   IP/N/1/JPN/T/2 
 Page 45 
 
 
 55. 
 
 Section 46(3) shall apply mutatis mutandis to the trials 
demanded under Sections 50(1), 51(1), 52bis(1), 53(1) and 53bis. 
 
55bis.  Special provisions for trials against examiner’s decision of 
refusal 
 
 (1) Section 15bis and 15ter of this Law shall apply mutatis 
mutandis where a reason for refusal which was not contained in the 
examiner’s decision is found in the trial under Section 44(1).  
 (2) The provision of Section 16 shall apply where a demand 
made under Section 44(1) is to be allowed.  However, this provision shall not apply where a trial decision is made for a trademark 
application to be further examined under Section 160(1) of the 
Patent Law as applied under Subsection (1) of the following section.   (3) Sections 16bis of this Law and Section 17ter of the Design 
Law shall apply mutatis mutandis to a trial under Section 44(1) of 
this Law.  In such a case, “has demanded a trial under Section 45(1)” in Section 16bis(4) shall read “has instituted an action 
under Section 63(1)”. 
 
56.  Application mutatis mutandis of Patent Law 
 
 (1) Sections 131(1) and (2), 132 to 133bis, 134(1), (3) and (4), 135 to 154, 155(1) and (2), 156 to 158, 160(1) and (2), 161 and 
167 to 170 (effects of trial decision, demands for trial, trial 
examiners, trial proceeding, relationship with litigation and costs of trial) of the Patent Law shall apply mutatis mutandis to trials 
under this Law.  In such a case, “Section 123(1) or 125bis(1)” in 
Sections 132(1), 145(1), 167 and 169(1) of the Patent Law shall read “Section 46(1), 50(1), 51(1), 52bis(1), 53(1) or 53bis of the 
Trademark Law,” and “Section 121(1)” in Section 161, and “Section 
121(1) or 126(1)” in Section 169(3) of the Patent Law shall read “Section 44(1) or 45(1) of the Trademark Law”.  
 (2) Section 155(3) (withdrawal of demand for trial) of the 
Patent Law shall apply mutatis mutandis to the trial under Section 46(1). 
 
56bis.  Application mutatis mutandis of Design Law 
 
 Section 51 of the Design Law shall apply mutatis mutandis to a 
trial under Section 45(1) of this Law.  
 
  
 
  IP/N/1/JPN/T/2 
Page 46  
 
 Chapter VI  Retrial and Litigation 
 57.  Demand for retrial 
 
 (1) Against a final and conclusive ruling to revoke or a final 
and conclusive trial decision or retrial decision, the party 
concerned or an intervenor may demand a retrial. 
  (2) Sections 338(1) and (2) and 339 (grounds for retrial) of 
the Code of Civil Procedure (Law No. 109 of 1996) shall apply 
mutatis mutandis to demands for a retrial under the preceding subsection. 
 
58. 
 
 (1) Where the demandant and the defendant in a trial have in 
collusion caused a trial decision to be rendered, with the purpose of injuring the rights or interest of a third person, such person may demand a retrial against the final and conclusive trial 
decision. 
  (2) In such a retrial, the demandant and the defendant shall 
be made joint defendants. 
 
59.  Restriction on effects of trademark right restored by retrial 
 
 Where a trademark right relating to a revoked or invalidated or canceled trademark registration has been restored through a 
retrial, the effects of the trademark right shall not extend to the 
following acts:  (i) the use in good faith of the registered trademark in 
respect of the designated goods or designated services after the 
ruling to revoke or the trial or retrial decision became final and conclusive but before the registration of the demand for a retrial; 
 (ii) the acts mentioned in each paragraph of Section 37 
performed in good faith after the ruling to revoke or the trial or retrial decision became final and conclusive but before the registration of the demand for a retrial. 
 
60. 
 
 (1) Where a trademark right relating to a revoked or 
invalidated or canceled trademark registration has been restored through a retrial, or where the establishment of a trademark right 
under a trademark application which was refused by a trial or 
retrial decision, has been registered through a retrial, and where a person has, in good faith, been using the registered trademark in 
Japan or a trademark similar thereto on the designated goods or 
designated services or goods or services similar thereto after the ruling to revoke or the trial or retrial decision became final and 
conclusive but before the registration of the demand for a retrial 
and, as a result, the trademark has become well-known among consumers as indicating the goods or services as being connected  IP/N/1/JPN/T/2 
 Page 47 
 
 
 with his business at the time of registration of the demand for a 
retrial, such person shall have a right to use the trademark in the goods or services provided that he does so continuously.  The same 
shall apply in the case of a person who has succeeded to the 
business concerned.  
 (2) Section 32(2) shall apply mutatis mutandis to the 
preceding subsection.  
60bis.  Application mutatis mutandis of provisions of trial 
 
 (1) Sections 43ter, 43quinquies to 43novies, 43duodecies to 
43quater decies of this Law, Sections 131(1) and (2), 132(3), 154, 
155(1) and 156 of the Patent Law as applied under Section 56(1) of this Law and Section 155(3) of the Patent Law as applied under 
Section 156(2) of this Law shall apply mutatis mutandis to a retrial 
against the final and conclusive ruling to revoke.   (2) Section 55bis shall apply mutatis mutandis to a retrial 
against the final and conclusive trial decision on a trial under 
Section 44(1).  
 (3) Section 56bis shall apply mutatis mutandis to a retrial 
against the final and conclusive trial decision on a trial under Section 45(1). 
 
61.  Application mutatis mutandis of Patent Law 
 
 Section 173 (time limit for demand for retrial) and Section 
174(3) and (5) (application of provisions on trial, etc.) of the Patent Law shall apply mutatis mutandis to retrials under this Law.  
In such a case, “Section 123(1) or 125bis(1)” in Section 174(3) of 
the Patent Law shall read “Section 46(1), 50(1), 51(1), 52bis(1), 
53(1) or 53bis of the Trademark Law”. 
 
62.  Application mutatis mutandis of Design Law 
 
 (1) Section 58(2) of the Design Law shall apply mutatis 
mutandis to a retrial against the final and conclusive trial 
decision on a trial under Section 44(1) of this Law.  
 (2) Section 58(3) of the Design Law shall apply mutatis 
mutandis to a retrial against the final and conclusive trial decision on a trial under Section 45(1) of this Law. 
 
63.  Actions against trial decisions, etc. 
 
 (1) An action against a ruling to revoke or a trial decision 
or a ruling to decline an amendment under Section 16bis(1) as applied under Section 55bis(3) (including its application under 
Section 60bis(2)) or an action against a ruling of dismissal of a 
written opposition or a demand for a trial or retrial shall come under the exclusive jurisdiction of the Tokyo High Court. IP/N/1/JPN/T/2 
Page 48  
 
  
 (2) Section 178(2) to (6) (time limit for institution of action, etc.) and Sections 179 to 182 (defendant in the action, 
notification of institution of action, annulment of trial decisions 
or ruling, and sending of certified copy of judgment) of the Patent Law shall apply mutatis mutandis to actions under the preceding 
subsection.  In such a case, “Section 123(1) or 125bis(1)” in 
Section 179 of the Patent Law shall read “Section 46(1), 50(1), 51(1), 52bis(1), 53(1) or 53bis of the Trademark Law”. 
 
63bis.  Relationship between administrative appeal and litigation 
 
 Section 184bis (relationship between administrative appeal and 
litigation) of the Patent Law shall apply mutatis mutandis to actions for the annulment of measures (with the exception of 
measures under Section 77(7)) taken under this Law or an order or 
ordinance thereunder.  
Chapter VII  Defensive Marks 
 
64.  Registrability of defensive marks 
 
 (1) The owner of a trademark right may, when his registered 
trademark in respect of goods has become well-known among consumers as indicating the designated goods as being connected with his 
business and when the use of the registered trademark by any other 
person in respect of goods other than the designated goods covered by the registered trademark and goods similar thereto or services 
similar to the designated goods is likely to cause confusion between 
such goods or services and the designated goods in connection with his business, obtain a defensive mark registration of a mark 
identical with the registered trademark with respect to goods or 
services for which such possibility of confusion exists.  
 (2) The owner of a trademark right may, when his registered 
trademark in respect of services has become well known among consumers as indicating the designated services as being connected with his business and when the use of the registered trademark by 
any other person in respect of services other than the designated 
services covered by the registered trademark and services similar thereto or goods similar to the designated services is likely to 
cause confusion between such services or goods and designated 
services in connection with his business, obtain a defensive mark 
registration of a mark identical with the registered trademark with 
respect to services or goods for which such possibility of confusion 
exists.  
65.  Conversion of applications 
 
 (1) An applicant may convert his application for trademark 
registration into an application for registration of a defensive 
mark.   IP/N/1/JPN/T/2 
 Page 49 
 
 
  (2) An application may not be converted under the preceding 
subsection after the examiner’s decision or the trial decision with respect to the application has become final and conclusive. 
 
 (3) Sections 10(2) and (3) and 11(4) shall apply mutatis mutandis to the case of conversion of an application under 
Subsection (1). 
 
65bis.  Term of right based on defensive mark registration 
 
 (1) The term of a right based on a defensive mark registration shall be 10 years from the date of the registration of its 
establishment. 
  (2) The term of a right based on a defensive mark registration 
may be renewed by making a request for registration of a renewal of 
its registration.  However, this provision shall not apply where the registered defensive mark has become not registrable under Section 64. 
 
65ter.  Registration of renewal of t erm of right based on defensive 
mark registration 
 
 (1) Any person desiring registration of renewal of the term of a right based on a defensive mark registration shall submit a 
request to the Commissioner of the Patent Office, stating the 
following:  (i) the name and the domicile or residence of the applicant; 
 (ii) the registration number of the defensive mark; 
 (iii) other necessary particulars as prescribed by an ordinance of the Ministry of Economy, Trade and Industry. 
 
 (2) An application for registration of the renewal shall be made within six months prior to the date of the expiration of the 
term. 
  (3) Where a person desiring registration of renewal of a right based on a defensive mark registration has been unable to make an 
application for registration of renewal of that right within the 
time limit allowing him to make such application under the preceding subsection due to reasons outside his control, he may make such 
application within 14 days (where he is a resident abroad, two 
months) from the date on which the reasons ceased to be applicable but not later than six months following the expiration of the said 
time limit. 
  (4) When an application has been made for registration of 
renewal of the term of the right based on a defensive mark 
registration, the term shall be deemed to have been renewed upon expiration of the term (or, in case of an application under the 
preceding subsection, on the filing date of such application).  
However, this provision shall not apply when the examiner’s decision or trial decision that the application is to be refused has become IP/N/1/JPN/T/2 
Page 50  
 
 final and conclusive or when renewal of the term of the right based 
on a defensive mark registration has been registered.  
65quater. 
 
 (1) Where an application for registration of renewal of a 
right based on a defensive mark registration falls under any of the 
following paragraphs, the examiners shall make a decision that the application is to be refused: 
 (i) the registered defensive mark in such application has 
become not registrable under Section 64;  (ii) the applicant is not the owner of the right based on the 
defensive mark registration. 
  (2) Where the examiner finds no reasons for refusing an 
application for registration of renewal, he shall make a decision 
that the renewal is to be registered.  
65quinquies. 
 
 Section 14 and 15bis of this Law, Sections 48 (exclusion of 
examiners) and 52 (formal requirements of decision) of the Patent 
Law shall apply mutatis mutandis to an examination of an application 
for registration of renewal of a right based on a defensive mark registration. 
 
65sexies.  Registration of renewal of term of right based on 
defensive mark registration 
 
 (1) When a registration fee under Section 65septies(2) has been paid, the renewal of the term of the right based on the 
defensive mark registration shall be registered. 
  (2) Upon the registration under the preceding subsection, the 
following shall be published in the Trademark Gazette: 
 (i) the name and the domicile or residence of the owner of the right based on the defensive mark registration;  (ii) the registration number and the date of renewal 
registration; 
 (iii) other necessary particulars.  
65septies.  Registration fees 
 
 (1) A person who obtains registration of a right based on a 
defensive mark registration shall pay the amount of 66,000 yen per 
case or this amount multiplied by the number of classes of the classification of goods and services as a registration fee. 
 
 (2) A person obtaining registration of renewal of the term of a right based on a defensive mark re gistration shall pay the amount 
of 130,000 yen per case or this amount multiplied by the number of 
classes of the classification of goods and services covered, as a registration fee.  IP/N/1/JPN/T/2 
 Page 51 
 
 
  
 (3) Section 40(3) to (6) shall apply mutatis mutandis to the preceding two subsections. 
 
65octies.  Time limit for payment of registration fees 
 
 (1) The registration fee under Section 65septies(1) shall be 
paid within 30 days from the date of the transmittal of the examiner’s decision or the trial decision that the defensive mark is 
to be registered. 
  (2) The registration fee under Section 65septies(2) shall be 
paid within 30 days from the date of the transmittal of the 
examiner’s decision or a trial decision that the renewal of a right based on a defensive mark registration is to be registered (where 
such transmittal is made before the date of the expiration of the 
term of a right based on a defensive mark registration, the date of the expiration of the term).  
 (3) Upon the request of a person liable to pay a registration 
fee, the Commissioner of the Patent Office may extend the period prescribed in the preceding two subsections by a period not 
exceeding 30 days. 
 
65novies.  Payment of registration fee by an interested person 
 
 (1) Any interested person may pay a registration fee prescribed in Section 65septies(1) or (2) even against the will of 
the person liable to pay the registration fee. 
  (2) An interested person who has paid a registration fee under 
the preceding subsection may demand reimbursement of the expenditure 
to the extent that the person liable to pay the registration fee is actually making a profit. 
 
65decies.  Refund of registration fee paid by mistake or in excess 
 
 (1) A registration fee paid by mistake or in excess under 
Section 65septies(1) or (2) shall be refunded on the request of the 
person making the payment.  
 (2) No refund of a registration fee under the preceding 
subsection may be requested after one year from the date of payment.  
66.  Dependence of right based on defensive mark registration 
 
 (1) The right based on a defensive mark registration shall be 
extinguished if the principal trademark right has been divided. 
  (2) The right based on a defensive mark registration shall be 
transferred together with the principal trademark right if the 
principal trademark right is transferred.  IP/N/1/JPN/T/2 
Page 52  
 
  (3) The right based on a defensive mark registration shall be 
extinguished if the principal trademark right is extinguished.  
 (4) Where a trademark right is deemed to have been 
extinguished under the provision of Section 20(4), the effect of the right based on a defensive mark relating to the trademark right 
restored under the provision of Section 21(2) shall not extend to 
acts prescribed in the paragraphs of the following section before the term of the trademark is registered under the provision of 
Section 21(1) after the lapse of a period during which an 
application for the registration of a renewal of the trademark may be filed as prescribed in Article 20(3). 
 
67.  Acts deemed to be an infringement 
 
 The following acts shall be deemed to be an infringement of 
the principal trademark right or a right of exclusive use:  (i) use of a registered defensive mark in respect of the designated goods or designated services; 
 (ii) acts of holding, for the purpose of assignment or 
delivery, the designated goods on which or on the packaging of which 
the registered defensive mark has been applied; 
 (iii) acts of holding or importing articles which are for use 
by persons to whom the services are provided and to which the registered defensive mark has been applied, in the provision of the 
designated services, for the purpose of using such articles in the 
provision of such services;  (iv) acts of assigning or delivering articles which are for 
use by persons to whom the services are provided and to which the 
registered defensive mark has been applied, in the provision of the designated services, for the purpose of causing such articles to be 
used in the provision of such service, or acts of holding or 
importing such articles for the purpose of assigning or delivering them; 
 (v) acts of holding goods bearing a reproduction of the 
registered defensive mark for the purpose of using such a mark in respect of the designated goods or designated services;  (vi) acts of assigning or delivering, or of holding for the 
purpose of assignment or delivery, goods bearing a reproduction of 
the registered defensive mark, for the purpose of causing such defensive mark to be used in respect of the designated goods or 
designated services; 
 (vii) acts of manufacturing or importing goods bearing a reproduction of the registered defensive mark for the purpose of 
using such defensive mark, or causing it to be used, in respect of 
the designated goods or designated services.  
68.  Application mutatis mutandis of provisions on trademarks 
 
 (1) Sections 5, 5bis, 6(1) and (2), 9bis to 10, 12bis, 13(1) 
and 13bis shall apply mutatis mutandis to applications for the 
registration of defensive marks.  In such a case, “(iii) the designated goods or designated services and the class of  IP/N/1/JPN/T/2 
 Page 53 
 
 
 classification of the goods and services as prescribed by Cabinet 
Order referred to in Section 6(2)” in Section 5(1) shall read “(iii) the designated goods or designated services and the class of 
classification of the goods and services as prescribed by Cabinet 
Order referred to in Section 6(2); (iv) the registration number of the principal trademark registration to which the application for 
registration of the defensive mark relates,” “(iv) where designated 
goods or designated services are not stated” in Section 5bis(1) shall read “(iv) where designated goods or designated services are 
not stated; and (v) the registration number of the principal 
trademark registration to which the application for registration of the defensive mark relates is not stated,” and “Section 37” in 
Section 13bis(5) shall read “Section 67 (with the exception of the 
proportion relating to Paragraph (i))”.  
 (2) Sections 14 to 15bis and Sections 16 to 17bis shall apply 
mutatis mutandis to the examination of applications for the registration of a defensive mark.  In such a case, “Section 3, 4(1), 8(2) or (5), 51(2) (including its application under Section 
52bis(2)) or 53(2)” in Section 15(i) shall read “Section 64”. 
  (3) Sections 18, 26 to 28bis, 32 to 33ter, 35 and 69 shall 
apply mutatis mutandis to a right based on a defensive mark 
registration.  In such a case, “the registration fee under Section 40(1) or the registration fee due to be paid within 30 days from the 
date of the transmittal of the examiner’s decision or a trial 
decision that the trademark is to be registered under Section 41bis(1)” in Section 18(2) shall read “a registration fee under 
Section 65septies(1)”. 
  (4) Section 43bis to 46bis, 53bis, 53ter, 54(1) and 55bis to 
56bis shall apply mutatis mutandis to an opposition to and a trial 
relating to the registration of a defensive trademark.  In such a case, “Section 3, Section 4(1), Section 8(1), (2) or (5), Section 
51(2) (including its application under Section 52bis(2)), Section 
53(2)” in Section 43bis(i) and 46(1)(i) shall read “Section 64” and “where, after the registration, the registered trademark has become a trademark falling under Section 4(1)(i) to (iii), (v) and (vii) to 
(xvi)” in Section 46(1)(v) shall read “the trademark registration 
has come be contrary to the provision of Section 64”.  
 (5) Sections 57 to 63bis shall apply mutatis mutandis to a 
retrial and an action relating to the registration of a defensive trademark.  In such a case, “each paragraph of Section 37” in 
Paragraph (ii) of Section 59 shall read “Paragraphs (ii) to (vii) of 
Section 67” “a trademark right relating to a revoked or invalidated or canceled trademark registration” in Section 60 shall read “a 
right based on a defensive mark registration relating to a revoked 
or invalidated or canceled defensive mark registration” and “a trademark registration application” shall read “an application for 
the registration of a defensive mark or an application for the 
registration of a renewal of a right based on a defensive mark registration” and “the establishment of a trademark right” shall IP/N/1/JPN/T/2 
Page 54  
 
 read “the establishment of a right based on defensive mark 
registration or registration of renewal of its term” and “the registered trademark ... or a trademark similar thereto ... on 
designated goods or designated services or goods or services similar 
thereto” shall read “identical trademark with the registered defensive mark”. 
 
Chapter VIIbis  Special Provisions under the Protocol of the Madrid 
Agreement 
 
1.  Application for International Registration 
 
68bis.  Application for International Registration 
 
 (1) A Japanese national or an alien who is domiciled or 
resident (or, in the case of a legal entity, established) in Japan, 
who desires to seek an international registration (hereinafter referred to as “the international registration”) as referred to in Article 2(1) of the Protocol Relating to the Madrid Agreement 
Concerning the International Registration of Marks as adopted at 
Madrid on June 27, 1989 (hereinafter referred to as “the Protocol”), shall file with the Commissioner of the Patent Office an application 
(hereinafter referred to as “international application”), as 
referred to in Article 2(2) of the Protocol, based on either one of the following paragraphs.  In such a case, where it complies with 
the requirement specified in an ordinance of the Ministry of 
Economy, Trade and Industry, two or more persons may make a joint international application: 
 (i) their application for trademark registration or for 
defensive mark registration pending with the Patent Office (hereinafter referred to as “application for trademark registration, 
etc.”); 
 (ii) their trademark registration or defensive mark registration (hereinafter referred to as “trademark registration, 
etc.”). 
  (2) Any person desiring to file an international application shall submit the form prescribed by the Registrations under the 
Protocol (hereinafter in this Chapter referred to as “the request 
and necessary documents”) prepared in a foreign language, as provided for in an ordinance of the Ministry of Economy, Trade and 
Industry. 
  (3) The following particulars shall be indicated in the 
request: 
 (i) the names of the Contracting States of the Protocol for which the protection of the trademarks relating to the international 
application is sought; 
 (ii) the goods or services in respect of which protection of the mark relating to the international application is sought, and 
the class or classes of the classification prescribed by Cabinet 
Order in Section 6(2).   IP/N/1/JPN/T/2 
 Page 55 
 
 
  (4) Any person desiring to seek the application of Article 
3(3) of the Protocol for trademarks or marks relating to the international application shall indicate in the request a statement 
to that effect and a description of the color or the combination of 
colors affixed, and also shall append to the request copies in color of the trademarks or marks or of the registered trademarks or 
registered defensive marks relating to the application for trademark 
registration, etc.  
68ter. 
 
 (1) The Commissioner of the Patent Office shall transmit the 
request of the international application and necessary documents to 
the International Bureau as referred to in Article 2(1) of the Protocol (hereinafter referred to as “the International Bureau”). 
 
 (2) In the case of the preceding subsection, the Commissioner of the Patent Office shall certify that the particulars appearing in the international application correspond to the particulars 
appearing in the basic application, etc. or in the basic 
registration, etc. and also indicate the date of the international application. 
 
 (3) In the case of Subsection (1), the Commissioner of the Patent Office shall transmit to the applicant for the said 
international application a copy of the request of the international 
application transmitted to the International Bureau.  
68quater.  Later designation 
 
 As provided for in an ordinance of the Ministry of Economy, 
Trade and Industry, the holder of international registration may 
present a request for territorial extension to the Commissioner of the Patent Office under Article 3ter of the Protocol (hereinafter 
referred to as “the later designation”). 
 
68quinquies.  Request for renewal of international registration 
 
 As provided for in an ordinance of the Ministry of Economy, 
Trade and Industry, the holder of international registration may present a request for renewal of his international registration to 
the Commissioner of the Patent Office under Article 7(1) of the 
Protocol (hereinafter referred to as “the renewal of the international registration”). 
 
68sexies.  Request for recordal of change in the ownership of 
international registration 
 
 (1) As provided for in an ordinance of the Ministry of Economy, Trade and Industry, the holder of international 
registration or his assignee may present a request for the recordal 
of change in the ownership of the international registration to the Commissioner of the Patent Office under Article 9 of the Protocol IP/N/1/JPN/T/2 
Page 56  
 
 (hereinafter referred to as “the change in the ownership of the 
international registration”).  
 (2) The request as referred to in the preceding subsection may 
be made in respect of all or some of the Contracting Parties in whose territories the said registration has effect and in respect of 
all or some of the goods or services listed in the registration. 
 
68septies.  Application mutatis mutandis of provisions on 
application for trademark registration 
 
 Sections 17(3) (limited to the proportion relating to 
Paragraph (iii)) and 18(1) of the Patent Law as applied under 
Section 77(2) of this Law shall apply mutatis mutandis to the international application, the later designation, the request for 
the renewal of international registration and the request for the 
recordal of change in the ownership of international registration.  
68octies.  Delegation to ordinance of the Ministry of Economy, Trade 
and Industry 
 
 In addition to the matters provided for in Sections 68bis to 
68septies, necessary details for implementing the Protocol and the 
Regulations thereunder shall be provided for in an ordinance of the Ministry of Economy, Trade and Industry, relating to the 
international application, the later designation, the request for 
the renewal of international registration and the request for the 
recordal of change in the ownership of international registration. 
 
2.  Special Provisions Relating to Application for International 
Registration 
 
68novies.  Trademark application based on request for territorial 
extension 
 
 (1) A request for territorial extension with respect to Japan shall be considered to be an application for trademark registration having been filed on the date of international registration made in 
accordance with Article 3(4) of the Protocol (hereinafter referred 
to as “the date of international registration”).  However, in the case of later designation, under Article 3ter(2) of the Protocol, 
the application for trademark registration shall be considered to be 
the application having been filed on the date (hereinafter referred to as “the date of later designation”) on which later designation is 
recorded in the register of the International Register defined in 
Article 2(1).  
 (2) The matters specified in the left-hand column of the 
following table contained in the International Register of the international registration with respect to Japan shall be considered 
to be the matters specified in the right-hand column of the 
following table stated in the request of application for trademark registration filed under Section 5(1):  IP/N/1/JPN/T/2 
 Page 57 
 
 
  
The name and the domicile of 
the holder of the 
international registration The name and the domicile 
or residence of the 
applicant for a trademark 
registration 
The mark registered in the International Register The mark for which 
registration is sought 
 
The goods or services listed 
in the international registration and the class of 
the classification of goods 
or services  The designated goods or 
designated services and the class of the classification 
of goods or services as 
prescribed by Cabinet Order referred to in Section 6(2) 
 
68decies.  Special provisions for time of filing of application for 
international trademark registration 
 
 (1) Where a registered trademark (hereinafter in this Section referred to as “the registered trademark based on international 
registration”) relating to the request for territorial extension 
considered to be an application for trademark registration under 68novies(1) (hereinafter in this Chapter referred to as “the 
application for international trademark registration”) is identical 
with a trademark prior to the trademark registration (excluding trademarks based on international registration; hereinafter in this 
Section referred to as “the registered trademark based on national 
registration”), and the designated goods or designated services relating to the registered trademark based on international 
registration are the same as the designated goods or designated 
services relating to the registered trademark based on the national registration, and also where the trademark holder of the registered 
trademark based on the international registration and the trademark 
holder of registered trademark based on the national registration 
are identical, the application for international trademark 
registration shall be deemed to have been made to the extent that 
such scope has overlapped on the date of the application for trademark registration relating to the registered trademark based on the national registration. 
 
 (2) Section 68duotricies(3) and (4) shall apply mutatis 
mutandis to the application for international trademark registration 
in the preceding subsection. 
 
68undecies.  Special provisions for time of filing of application 
 
 For the purpose of Section 9(2) for the application international trademark registration, “simultaneously with the 
trademark application” in Section 9(2) shall read “within 30 days 
from the date of filing of the application for international trademark registration”. 
 
 IP/N/1/JPN/T/2 
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 68duodecies.  Special provisions for division of applications 
 
 Section 10 shall not apply to applications for international 
trademark registration. 
 
68terdecies.  Special provisions for conversion of applications 
 
 Sections 11 and 65 shall not apply to applications for international trademark registration. 
 
68quater decies.   Special provisions for matters published in 
Trademark Gazette relating to publication of applications 
 
 For the purpose of Section 12bis(2) for to applications for international trademark registration, “the number and date of 
application for trademark registration” in Section 12bis(2) (ii) 
shall read “the number of the international registration and the date of the international registration (in the case of international trademark registration relating to late designation, the date of 
later designation)”. 
 
68quindecies.  Special provisions for proceedings for priority claim 
under the Paris Convention, etc. 
 
 (1) Section 43(1) to (4) of the Patent Law, as applied under 
Section 13(1) of this Law shall not apply to the applications for 
international trademark registration.  
 (2) For the purpose of Section 43(1) of the Patent Law, as 
applied under Section 43bis(3) of the said Law as applied under Section 13(1) of this Law for applications for international 
trademark registration, “simultaneously with the patent application” 
in the said Section 43(1) shall read “within 30 days from the date of filing of the application for international trademark 
registration”. 
 
68sedecies.  Special provisions for rights resulting from applications for trademark registration 
 
 (1) For the purpose of Section 34(4) of the Patent Law, as applied under Section 13(2) of this Law for applications for 
international trademark registration, “the Commissioner of the 
Patent Office… except in the case of inheritance or other general succession” in Section 34(4) of the Patent Law shall read “the 
International Bureau”. 
  (2) Section 34(5) to (7) of the Patent Law as applied under 
Section 13(2) of this Law shall not apply to the applications for 
international trademark registration.  
 
  IP/N/1/JPN/T/2 
 Page 59 
 
 
 68septies decies.  Dealing with applications for international 
trademark registration resulting from change in the ownership of an international registration 
 
 Where all or some goods or services listed in the international registration has been divided and assigned resulting 
from change in the ownership of an international trademark 
registration, the application for international trademark registration shall be considered to have become applications for 
trademark registration with respect to each of holder after the 
change.  
68duodevicies.  Special provisions for new application for trademark 
as amended 
 
 (1) Section 17(3) of the Design Law as applied under Section 
17bis(1) or Section 55bis(3) (including its application under Section 60bis(2)) of this Law shall not apply to the applications for international trademark registration. 
 
 (2) Section 17(4) of the Design Law, as applied under Section 17bis(2) of this Law shall not apply to the applications for 
international trademark registration. 
 
68undevicies.  Special provisions for registration of establishment 
of trademark right 
 
 (1) For the purpose of Section 18(2) for applications for 
international trademark registration, “when the registration fee 
under Section 40(1) or the registration fee due to be paid within 30 days from the date of the transmittal of the examiner’s decision or 
the trial decision that the trademark is to be registered under 
Section 41bis(1) has been paid” in Section 18(2) shall read “when the examiner’s decision or the trial decision that the trademark is 
to be registered has been rendered”. 
  (2) For the purpose of Section 18(3) for applications for international trademark registration, “the number and date of the 
application for trademark registration” in Section 18(3)(ii) shall 
read “the number of the international registration and the date of the international registration (the date of later designation in the 
case of the application for international trademark registration 
with respect to the later designation,” and “the registration number and date of the registration of the establishment” in Section 
18(3)(v) shall read “the number of the international registration 
and the date of the registration of the establishment”.  
68vicies.  Effects of extinguishment of international registration 
 
 (1) Where all or some of the international registration on 
which it is based has been extinguished, application for 
international trademark registration shall be deemed to have been IP/N/1/JPN/T/2 
Page 60  
 
 withdrawn to the extent all or some of the designated goods or 
designated services has been extinguished.  
 (2) Where all or some of the international registration on 
which it is based has been extinguished, the trademark right which has been granted the registration of the establishment under Section 
18(2) as applied under Section 68undevicies(1) (hereinafter referred 
to as “the trademark right based on the international registration”) shall be deemed to have been extinguished to the extent that all or 
some of the designated goods or designated services has been 
extinguished.  
 (3) The effects under the preceding two subsections shall come 
into force from the date on which the international registration in the International Register has been extinguished. 
 
68unvicies.  Term of trademark right based on international 
registration 
 
 (1) The term of a trademark right based on the international 
registration shall be ten years from the date (the date of its latest renewal, if the term of international registration has been 
renewed prior to the registration of the establishment of the 
trademark right) of the international registration.  
 (2) The term of the trademark right based on the international 
registration may be renewed on the renewal of the term of the international registration. 
 
 (3) When the term of the international registration has been renewed, the term of the trademark right based on international 
registration shall be deemed to have been renewed upon expiration of 
the term.  
 (4) When the term of the international registration has not 
been renewed, the trademark right based on international 
registration shall be deemed to have been extinguished retroactively from the time of the expiration of the term. 
 
68duovicies.  Special provisions for registration of renewal of term 
 
 (1) Sections 19 to 22 and 23(1) and (2) shall not apply to the 
trademark rights based on the international registration.  
 (2) For the purpose of Section 23(3) for the trademark rights 
based on the international registration, “registration in the preceding two subsections” in Section 23(3) shall read “the renewal 
of the term of international registration,” and “the number of 
registration and the date of the registration of renewal” in Section 23(3)(ii) shall read “the number of international registration and 
the date of renewal of the term of international registration”. 
 
  IP/N/1/JPN/T/2 
 Page 61 
 
 
 68tervicies.  Special provisions for division of trademark rights 
 
 Section 24 shall not apply to the trademark rights based on 
the international registration. 
 
68quater vicies.  Special provisions for transfer of collective 
trademark right 
 
 (1) The collective trademark right trademark rights based on 
the international registration may not be transferred, except in the 
case where the documents prescribed in Section 7(3) are submitted.  
 (2) Section 24(3) shall not apply to the trademark rights 
based on international registration.  
68quinvicies.  Special provisions for surrender of trademark rights 
 
 (1) The owner of the trademark rights based on the international registration may surrender his trademark rights. 
 
 (2) Section 97(1) of the Patent Law as applied under Section 35 of this Law shall not apply to the trademark rights based on the 
international registration. 
 
68sevicies.  Special provisions for effects of registration of 
trademark rights 
 
 (1) The transfer, extinguishment by surrender or restriction 
on disposal of the trademark rights based on the international 
registration shall be of no effect unless it is registered.  
 (2) Section 98(1)(i) and (2) of the Patent Law as applied 
under Section 35 of this Law shall not apply to the trademark rights based on the international registration. 
 
68septies vicies.  Special provisions for registration in Trademark 
Register 
 
 (1) For the purpose of Section 71(1)(i) for the trademark 
rights based on the international registration, “the establishment, renewal of term, division, transfer, change, extinguishment, 
restoration or restriction on the disposal of trademark rights” in 
Section 71(1)(i) shall read “the establishment or the restriction on disposal of trademark rights”. 
 
 (2) With respect to the renewal, transfer, change or extinguishment of the trademark rights based on the international 
registration, the entry in the International Register shall prevail. 
 
68duodetricies.  Special provisions for amendments of proceedings 
 
 (1) For the purpose of applications for the international trademark registration, amendments for the designated goods or IP/N/1/JPN/T/2 
Page 62  
 
 designated services stated in the request or for the trademark for 
which trademark registration is sought, can be made, only within a designated time limit, in accordance with Section 15bis  [including 
its application under Section 55bis(1) (including its application 
under Section 60bis(2))] or of Section 15ter  [including its 
application under Section 55bis(1) (including its application under 
Section 60bis(2))]. 
  (2) Section 68quadragies  shall not apply to the applications 
for the international trademark registration. 
 
68undetricies.  Special provisions for exceptional provisions on 
trademark with two or more designated goods or designated services 
 
 For the purpose of Section 69 for the trademark rights based 
on the international registration, “Sections 97(1) or 98(1)(i) of 
the Patent Law as applied under Sections 20(4), 33(1) and 35 of this 
Law” in Section 69 shall read “Sections 33(1), 68quinvicies(1) or 68sevicies(1)” and “Section 71(1)(i)” in Section 69 shall read 
“Sections 71(1)(i), 68septies vicies(2) as applied under Section 
68septies vicies(1)”.  
68tricies.  Individual fee for trademark rights based on 
international registration 
 
 (1) Any person desiring the registration of the establishment 
of trademark rights based on the  international registration shall 
pay, in advance of the international registration, to the 
International Bureau an individual fee, as prescribed in Article 
8(7)(a) of the Protocol (hereinafter referred to as “the individual fee”), in the sum amounting to ¥4,800 per case plus 81,000 yen for 
each class of the classification of goods and services. 
  (2) Any person desiring to renew the term of the trademark 
rights based on the international registration shall pay to the 
International Bureau the individual fee in the sum amounting to ¥151,000 per case multiplied by the number of the classification.  
 (3) Sections 40 to 43 and 76(2) (limited to the proportion 
specified in the Attached Table 1) shall not apply to the applications for the international trademark registration and to the 
trademark rights based on the international registration. 
 
68untricies.  Delegation to ordinance of the Ministry of Economy, 
Trade and Industry 
 
 In addiction to the matters provided for in Sections 68novies 
to 68tricies, necessary details for implementing the Protocol and 
the Regulations thereunder shall be provided for in an ordinance of the Ministry of Economy, Trade and Industry. 
 
  IP/N/1/JPN/T/2 
 Page 63 
 
 
 3.  Special Provisions for Applications for Trademark Registration, 
etc. 
 
68duotricies.  Special provisions for trademark registration 
subsequent to cancellation of international registration  
 (1) Where the international registration is cancelled under 
Article 6(4) of the Protocol in respect of all or some of the goods and services listed in the said registration, the person who was the 
holder of international registration, may file an application for 
the registration of the same mark which was registered in the International Register with respect to Japan in respect of all or 
some of the said goods or services. 
  (2) The application for the trademark registration under the 
preceding subsection shall be deemed to have been filed on the date 
of international registration as referred to in the said subsection (in the case of the international registration as referred to in the said subsection in respect of subsequent designation, the date of 
said subsequent designation) provided that the said application 
falls under any one of the following paragraphs:  (i) such application in the preceding subsection is filed 
within three months from the date on which the international 
registration as referred to in the preceding subsection was cancelled; 
 (ii) the trademark of which registration is sought is 
identical with the trademark in respect of such international registration in the preceding subsection; 
 (iii) the designated goods or the designated services in 
respect of such application are in fact covered by the list of goods and services contained in such international registration in the 
preceding subsection. 
  (3) Where the international registration as referred to in 
Subsection (1) enjoyed the right of priority provided for by Article 
4 of the Paris Convention, that application under Subsection (1) shall enjoy the same right of priority.  
 (4) The preceding subsection shall also apply, where the 
priority was enjoyed under Section 43bis(2) of the Patent Law as applied under Section 9ter or 13(1) of this Law for the application 
for international trademark registration in respect of the 
international registration as referred to in Subsection (1).  
 (5) For the purpose of Section 10(1) with respect to the 
application for trademark registration under Subsection (1), “a part of his application for trademark registration” in Section 10(1) 
shall read “a part of his application for trademark registration 
(limited to the goods and services covered by the list of goods and services contained in the international registration as referred to 
in Section 68duotricies(1))”. 
 IP/N/1/JPN/T/2 
Page 64  
 
 68tertricies.  Special provisions for application for trademark 
registration subsequent to denunciation of Protocol 
 
 (1) Where the holder of the international registration having 
effect in Japan at the date on which the denounciation under Article 
15(5)(b) of the Protocol becomes effective, who, because of the 
denounciation, is no longer entitled to file the international 
application under Article 2(1) of the Protocol, may file an application for trademark registration for the goods or services 
listed in the said international registration. 
  (2) Section 68duotricies(2) to (5) shall apply mutatis 
mutandis to the application for trademark registration under the 
preceding subsection.  In such a case, “within three months from the date on which the international registration in the preceding 
subsection was cancelled” in Section 68duotricies(2)(i) shall read 
“within two years from the date on which the denounciation under Article 15(3) of the Protocol took effect”.  
68quater tricies.  Special provisions for reasons for refusal 
 
 (1) For the purpose of Section 15 for the application for 
trademark registration under Section 68duotricies(1), “where it 
falls under any of the following paragraphs” in Section 15 shall read “where it falls under any of the following paragraphs, or where 
the application for trademark registration under Section 
68duotricies(1) or 68tertricies(1) dose not comply with the requirements of Section 68duotricies(1) or 68tertricies(2) 
(including its application as applied under Section 
68tertricies(2))”.  
 (2) Section 15 (limited to the proportion for Paragraphs (i) 
and (ii)) shall not apply to the application for trademark registration under Section 68duotricies(1) or 68tertricies(1) 
relating to the trademark right based on the international 
registration (referred to as “re-filing of trademark right relating to former international registration” in Sections 68septies tricies and 68undequadragies). 
 
68quintricies.  Special provisions for registration of establishment 
of trademark right 
 
 Notwithstanding Section 18(2), the establishment of trademark right shall be registered for the application for trademark 
registration under Section 68duotricies(1) or 68tertricies(1), where 
the examiner’s decision or trial decision has been made to the effect that the trademark is to be registered within ten years from 
the date of international registration relating to the said 
application (the date of its latest renewal, where the renewal of the term of said international registration has been made). 
 
 
  IP/N/1/JPN/T/2 
 Page 65 
 
 
 68setricies.  Special provisions for term 
 
 (1) The term of trademark right as referred to in Section 
68quintricies shall be ten years from the date of international 
registration relating to the said application (the date of its latest renewal, where the renewal of said international registration 
has been made). 
  (2) Section 19(1) shall not apply to the term of trademark 
right referred to in Section 68setricies. 
 
68septies tricies.  Special provisions for opposition to 
registration 
 
 For the purpose of Section 43bis for the trademark 
registration made in consequence of the re-filling of the 
application for trademark right from the former international registration, “trademark registration” in Section 43bis shall read “trademark registration (excluding the trademark registration made 
in consequence of the re-filling of the application for trademark 
right from the former international registration for which the term prescribed under this Section has expired without having any 
opposition raised to the trademark registration relying on the 
former international registration)”.  
68duodequadragies.  Special provisions for trial for invalidation of 
trademark registration 
 
 For the purpose of the trial in Section 46(1) for the 
trademark registration relating to the application for trademark registration under Section 68duotricies(1) or 68tertricies(1), “In 
the following cases” in Section 46(1) shall read “In the following 
cases, or in the case where the trademark registration has been effected contrary to Section 68duotricies(1), 68tertricies(1) or 
each paragraph of Section 68duotricies(2) (including its application 
under Section 68tertricies(2))”.  
68undequadragies. 
 
 For the purpose of Section 47 for the trademark registration 
for the re-filing of the application for the registration of 
trademark right based on any former international registration, “may 
not be demanded”.  In Section 47 shall read “may not be demanded.  The same shall apply prior to the expiration of five years from the 
date of registration of the establishment of the trademark right, 
with respect to the trademark registration relating to re-filing of the application for trademark right relating to former international 
registration, when it has become impossible to make a demand for 
trial under Section 46(1) with respect to the trademark registration from the former international registration”. 
 
 
 IP/N/1/JPN/T/2 
Page 66  
 
 Chapter VIII  Miscellaneous Provisions 
 
68quadragies.  Amendment of proceedings 
 
 (1) With respect to a procedure relating to a trademark application, a defensive mark application, a demand or other 
procedure relating to trademark or defensive mark registration, the 
person carrying on such procedure may make an amendment only during the pendency of the case in examination, opposition to registration, 
trial or retrial. 
  (2) Notwithstanding the preceding subsection, the person who 
has applied for a trademark registration may, simultaneously with 
the payment of the registration fee under Section 40(1) or 41bis(1), amend to reduce the number of classes of the classification of goods 
and services in his application. 
 
69.  Exceptional provisions on trademark right with two or more 
designated goods or designated services 
 
 For the purpose of the provisions of Section 13bis(4) (including its application under Section 68(1)), 20(4) and 33(1) of 
this Law, Section 97(1) or 98(1)(i) of the Patent Law as applied 
under Section 35 of this Law, Sections 43ter(3), 46(2), 46bis, 54 of this Law, Section 132(1) of the Patent Law as respectively applied 
under Section 56(1) of this Law or under Section 174(3) of the 
Patent Law as applied under Section 61 of this Law, Section 59, 60 or 71(1)(i) or 75(2)(iv) of this Law, relating to trademark 
registration or the trademark right, where there are two or more 
items of designated goods or designated services, the trademark registration shall be deemed to have been effected, or a trademark 
right shall be deemed to exist, for each of such designated goods or 
designated services.  
70.  Exceptional provisions on trademarks, etc. similar to 
registered trademarks 
 
 (1) The references to “registered trademark” in Section 25, 
29, 30(2), 31(2), 31bis(1), 34(1), 38(3), 50, 52bis(1), 59(i), 64, 
73 or 74 shall include trademarks which are similar to the registered trademark and would be considered identical if they had 
the same coloring. 
  (2) The references to “registered defensive mark” in Sections 
4(1)(xii) and 67 shall include marks which are similar to the 
registered defensive mark and would be considered identical if they had the same coloring. 
 
 (3) The references to “trademark similar to the registered trademark” in Sections 37(i) and 51(1) shall not include trademarks 
which are similar to the registered trademark and would be 
considered identical if they had the same coloring.   IP/N/1/JPN/T/2 
 Page 67 
 
 
 71.  Registration in Trademark Register 
 
 (1) The following matters shall be registered in the Trademark 
Register kept in the Patent Office: 
 (i) the establishment, renewal of term, division, transfer, modification, extinguishment, restoration or restriction on disposal 
of a trademark right; 
 (ii) the establishment, renewal of term, transfer or extinguishment of a right based on a defensive mark registration; 
 (iii) the establishment, maintenance, transfer, modification, 
extinguishment or restriction on disposal of a right of exclusive or non-exclusive use; 
 (iv) the establishment, transfer, modification, extinguishment 
or restriction on disposal of rights in a pledge upon a trademark right or a right of exclusive or non-exclusive use. 
 
 (2) The Trademark Register, either in whole or in part, may be prepared by means of magnetic tapes (including other materials on which matters can be accurately recorded by an equivalent method — 
hereinafter referred to as “magnetic tapes”). 
  (3) Other matters relating to registration that are not 
provided for in this Law shall be prescribed by Cabinet Order. 
 
71bis.  Issuance of trademark registration certificate, etc. 
 
 (1) When the establishment of a trademark right has been registered or the establishment of a right based on a defensive mark 
has been registered, the Commissioner of the Patent Office shall 
issue to the owner of the right a certificate of trademark registration or a certificate of defensive mark registration. 
 
 (2) The re-issuance of a certificate of trademark registration or a certificate of defensive mark registration shall be prescribed 
by an ordinance of the Ministry of Economy, Trade and Industry. 
 
72.  Request for certification, etc. 
 
 (1) Anyone may request the Commissioner of the Patent Office 
to issue a certificate, a copy or an extract of documents, to allow the inspection or copying of documents or to issue documents whose 
contents are recorded in the part of the Trademark Register prepared 
by magnetic tapes, where such documents relate to trademark or defensive mark registrations.  However, this provision shall not 
apply in the case of the following documents, which the Commissioner 
of the Patent Office considers it necessary to keep secret:  (i) documents concerning a trial as prescribed in Section 
46(1) (including its application mutatis mutandis under Section 
68(4)), Section 50(1), 51(1), 52bis(1), 53(1) or Section 53bis (including its application mutatis mutandis under Section 68(4)) or 
a retrial of the final and conclusive trial decision, with respect 
to which parties or intervenors concerned have given a notice that there has been described a trade secret (meaning trade secret as IP/N/1/JPN/T/2 
Page 68  
 
 referred to in Section 2(4) of the Unfair Competition Prevention Law 
(Law No. 47 of 1993)) owned by the parties or intervenors concerned;  (ii) matters liable to injure the reputation or peaceful 
existence of an individual; 
 (iii) matters liable to contravene public order or morality.  
 (2) Where a demand made with respect for documents as 
prescribed in the paragraphs of the preceding subsection is allowed, the Commissioner of the Patent Office shall notify a person, who has 
submitted such documents, to that effect with a reason therefor. 
  (3) The Law Concerning Access to Information held by 
Administrative Organs (Law No. 42 of 1999) shall not apply for those 
parts of documents and of the Trademark Register relating to trademark or defensive mark registrations, which have been prepared 
by magnetic tapes. 
 
73.  Indication of existence of trademark registration 
 
 The owner of a trademark right or of a right of exclusive or 
non-exclusive use shall, when applying a registered trademark to the designated goods or their packaging, or to articles for use in the 
provision of the designated services, or in the provision of the 
designated services, to articles related to the provision of relevant designated services belonging to persons to whom the 
services are provided, take steps to attach to the trademark an 
indication to the effect that the trademark is a registered trademark (hereinafter referred to as “indication of trademark 
registration”) as prescribed in an ordinance of the Ministry of 
Economy, Trade and Industry.  
74.  Prohibition of false marking 
 
 No person may commit any of the following acts: 
 (i) acts of attaching to such trademark an indication of a 
trademark registration or an indication confusingly similar thereto when using a trademark which is not a registered trademark;  (ii) acts of attaching to such trademark an indication of a 
trademark registration or an indication confusingly similar thereto 
when using a registered trademark in relation to goods or services other than the designated goods or designated services; 
 (iii) acts of holding, for the purpose of assignment or 
delivery, goods to which or to the packaging of which a trademark 
other than a registered trademark has been attached, which are other 
than the designated goods to which or to the packaging of which a 
trademark registered in relation to goods has been attached, or to which or to the packaging of which a trademark registered in respect 
to services has been attached, and in respect of which an indication 
of a trademark registration, or an indication confusingly similar thereto, has been attached to such trademark; 
 (iv) acts of holding, in the provision of services, articles 
which are for use by persons to whom the services are provided and to which a trademark other than a registered trademark has been  IP/N/1/JPN/T/2 
 Page 69 
 
 
 applied, which, in the provision of services other than the 
designated services, are for use by persons to whom the services are provided and to which a trademark registered in respect to services 
has been applied, or which, in the course or providing services are 
to be supplied for use by persons to whom the services are provided and to which a trademark registered in respect to goods has been 
applied, and in respect of which an indication of a trademark 
registration, or an indication confusingly similar thereto, has been attached to such trademark (such articles being referred to in the 
next paragraph as “articles with a false indication of trademark 
registration in respect to services”);  (v) acts of assigning or delivering, or of holding or 
importing for the purpose of assignment or delivery, articles with a 
false indication of trademark registration in respect to services, for the purpose of causing such articles to be used in the provision 
of such services. 
 
75.  Trademark Gazette 
 
 (1) The Patent Office shall publish the Trademark Gazette. 
  (2) In addition to the particulars provided for in this Law, 
the Trademark Gazette shall contain: 
 (i) a decision that a trademark application is to be refused, or a surrender, withdrawal or declining of an application for 
trademark registration or for defensive mark registration, which is 
made after the applications having been laid open;  (ii) succession to rights resulting from an application for 
trademark registration, which is gained after the application having 
been laid open;  (iii) amendments for designated goods or designated services 
stated in an application or for trademarks for which trademark 
registrations are sought or marks for which defensive mark registrations are sought, which are made after the applications 
having been laid open; 
 (iv) extinguishment of a trademark right (excluding extinguishment due to the expiration of a term or falling under Section 41bis(4)); 
 (v) an opposition to a trademark registration or a demand for 
a trial or a retrial or their withdrawal;  (vi) final and conclusive ruling on an opposition to a 
trademark registration and final and conclusive decision of a trial 
or a retrial;  (vii) a final judgment in an action under Section 63(1). 
 
76.  Fees 
 
 (1) The person specified hereunder shall pay the fee the 
amount of which shall be prescribed by Cabinet Order with the actual costs taken into consideration: 
 (i) person making notification of succession in accordance 
with Section 34(4) of the Patent Law as applied under Section 13(2) of this Law; IP/N/1/JPN/T/2 
Page 70  
 
  (ii) person requesting an extension of a time limit under 
Section 17quater of the Design Law as applied under Section 17bis(2) (including its application under Section 68(2) of this Law), Section 
4 or 5(1) of the Patent Law as applied under Section 41(2) 
(including its application under Section 41bis(6) of this Law), Section 43quater(3) (including its application under Section 68(4) 
of this Law), Section 65octies(3) or Section 77(1) of this Law, or 
change of date in accordance with Section 5(2) of the Patent Law as applied under Section 77(1) of this Law; 
 (iii) person filing an international application to the 
Commissioner of the Patent Office in accordance with Section 68bis;  (iv) person presenting a request for later designation to the 
Commissioner of the Patent Office in accordance with Section 
68quater;  (v) person presenting a request for the renewal of the 
international registration to the Commissioner of the Patent office 
in accordance with Section 68quinquies;  (vi) person presenting a request for the recordal of change in the ownership of the international registration to the Commissioner 
of the Patent Office in accordance with Section 68sexies; 
 (vii) person requesting re-issuance of a certificate of trademark registration or defensive mark registration; 
 (viii) person requesting issuance of certificate in accordance 
with Section 72(1);  (ix) person requesting issuance of copy or extract of 
documents in accordance with Section 72(1); 
 (x) person requesting inspection or copying of documents in accordance with Section 72(1); 
 (xi) person requesting issuance of documents containing 
matters recorded in that part of the Trademark Register as prepared on magnetic tape, in accordance with Section 72(1). 
 
 (2) The persons specified in the left-hand column of the attached table shall pay the fee the amount of which shall be 
prescribed by Cabinet Order within the limit of the amounts 
specified in the right-hand column of the table.   (3) The preceding two subsections shall not apply where the 
person specified in the left-hand column of the table is the State 
and the like.  
 (4) The provisions of Subsections (1) and (2) shall not apply 
where the person to pay the fee in accordance with these provisions is the State entitled to own jointly a trademark right, a right 
arising from a trademark application or a right based on the 
registration of a defensive mark and the independent administrative institutions prescribed by Cabinet Order in Section 40(3), or the 
independent administrative institutions entitled to own jointly such 
rights prescribed by Cabinet Order in the same subsection.  
 (5) Where the State and the like and the person other than the 
State and the like own jointly a trademark right, a right arising from a trademark application or a right based on the registration of  IP/N/1/JPN/T/2 
 Page 71 
 
 
 a defensive mark, and there is an agreement with respect to their 
shares of the right, the registration fee under Subsection (1) or (2) (limited to the registration fee prescribed by Cabinet Order) 
shall be a sum with prescribed registration fee under these 
subsections multiplied by the ratios of the shares of the persons other than the State and the like, and the persons other than the 
State and the like shall pay such sum, notwithstanding the 
provisions of those subsections.  
 (6) Where the amount of the registration fee calculated in 
accordance with the provision of the preceding subsection has a fractional figure less than 10 yen, that fractional figure shall be 
discarded. 
  (7) The payment of the fee under Subsection (1) or (2) shall 
be made by patent revenue stamps as prescribed by an ordinance of 
the Ministry of Economy, Trade and Industry.  However, wherever so prescribed by an ordinance of the Ministry of Economy, Trade and Industry, such payment may be made in cash. 
 
 (8) A fee paid by mistake or in excess shall be refunded upon the request of the person making the payment. 
 
 (9) No request for a refund of a fee under the preceding 
subsection may be made after one year from the date of payment. 
 
77.  Application mutatis mutandis of Patent Law 
 
 (1) Sections 3 to 5 (time limits and dates) of the Patent Law 
shall apply mutatis mutandis to the time limits and dates prescribed in this Law.  In such a case, “Section 121(1)” in Section 4 of the 
Patent Law shall read “Section 44(1) or 45(1) of the Trademark Law”. 
  (2) Sections 6 to 9, 11 to 16, 17(3) and (4), 18 to 24 as well 
as Section 194 (proceedings) of the Patent Law shall apply mutatis 
mutandis to trademark and defensive mark applications, demands and any other proceedings relating to trademark or defensive mark 
registrations.  In such a case, “Section 121(1)” in Section 9 of the 
Patent Law shall read “Section 44(1) or 45(1) of the Trademark Law”, 
and “Section 121(1)” in Section 14 of the Patent Law shall read “44(1) or 45(1) of the Trademark Law”; “(ii) when the formal 
requirements specified in this Law or in an order or ordinance 
thereunder have not been complied with”; in Section 17(3) of the Patent Law shall read “(ii) when the formal requirements specified 
in this Law or in an order or ordinance thereunder have not been 
complied with; (ii)bis a registration fee under Section 40(2) of the Trademark Law or a registration fee due to be paid simultaneously 
with a request for registration of renewal (including a surcharge 
liable to be paid under Section 43(1) or (2) of the Trademark Law) under Section 41bis(2) is not paid”; and “... which cannot be 
amended”; in Section 18bis(1) of the Patent Law shall read “which 
cannot be amended (except where it falls under any of paragraphs of IP/N/1/JPN/T/2 
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 Section 5bis(1) of the Trademark Law (including its application 
under Section 68(1) of the same law)”.  
 (3) Section 25 (enjoyment of rights by aliens) of the Patent 
Law shall apply mutatis mutandis to trademark rights and other rights relating to trademark registrations. 
 
 (4) Section 26 (effect of treaties) of the Patent Law shall apply mutatis mutandis to trademark and defensive mark 
registrations. 
  (5) Sections 189 to 192 (transmittal) of the Patent Law shall 
apply mutatis mutandis to transmittal under this Law. 
  (6) Section 195ter of the Patent Law shall apply mutatis 
mutandis to measures under this Law or an order or ordinance 
thereunder this Law.   (7) Section 195quater (restriction on appeals under the 
Administrative Appeal Law) of the Patent Law shall apply mutatis 
mutandis to examiners’ decisions and rulings to decline an amendment, a ruling to revoke, trial decisions and rulings to 
dismiss a written opposition to the trademark registration or a 
demand for trial or retrial under this Law as well as to measures from which no appeal lies in accordance with this Law. 
 
77bis.  Transitory Measure 
 
 When Cabinet Order is made or repealed pursuant to the 
provisions of this Law, any requisite transitory measures (including transitory measures relating to penal provisions) may, to the extent 
deemed necessary and reasonable, be made by means of such Cabinet 
Order.  
Chapter IX  Penal Provisions 
 
78.  Offense of infringement 
 
 Any person who has infringed a trademark right or a right of 
exclusive use shall be liable to imprisonment with labor not exceeding five years or to a fine not exceeding 5,000,000 yen. 
 
79.  Offense of fraud 
 
 Any person who has obtained a trademark or defensive mark 
registration or a registration of renewal of the term of a trademark 
right or right based on a defensive mark registration, a ruling on 
an opposition to a trademark registration or a trial decision, by 
means of a fraudulent act shall be liable to imprisonment with labor 
not exceeding three years or to a fine not exceeding 3,000,000 yen. 
 
 
  IP/N/1/JPN/T/2 
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 80.  Offense of false marking 
 
 Any person infringing Section 74 shall be liable to 
imprisonment with labor not exceeding three years or to a fine not 
exceeding 3,000,000 yen.  
81.  Offense of perjury, etc. 
 
 (1) A witness, expert witness or interpreter who, having taken 
an oath under this Law, has made a false statement or has given a 
false expert opinion or has interpreted falsely before the Patent 
Office or a court commissioned thereby shall be liable to 
imprisonment with labor for a term of not less than three months nor 
more than ten years.  
 (2) Where a person committing the offense in the preceding 
subsection has made a voluntary confession before transmittal of the copying of judgement on the case or before a ruling or a decision on an opposition to the trademark registration has become final and 
conclusive, his sentence may be reduced or suppressed. 
 
82.  Dual liability 
 
 Where an officer representing a legal entity or a representative, employee or any other servant of a legal entity or 
of a natural person has committed an act in violation of the 
following paragraphs with regard to the business of the legal entity or natural person, the legal entity shall, in addition to the 
offender, be liable to the fine prescribed in the following 
paragraphs and the natural person shall be liable to the fine prescribed in those sections: 
 (i) Section 78, subject to a fine up to 150 million yen; 
 (ii) Section 79 or 80, subject to a fine up to 100 million yen. 
 
83.  Administrative penalties 
 
 Where a person, who has taken an oath under Section 207(1) of 
the Code of Civil Procedure as applied under Section 151 of the 
Patent Law as respectively applied either under Section 71(3) of the Patent Law as applied under Section 28(3) (including its application 
under Section 68(3)) of this Law, under Section 43octies (including 
its application under Sections 60bis(1) and 68(4)) or 56(1) (including its application under Section 68(4)) of this Law, under 
Section 174(3) of the Patent Law as applied under Section 61 
(including its application under Section 68(5)) of this Law, under Section 58(2) of the Design Law as applied under Section 62(1) 
(including its application under Section 68(5)) of this Law, or 
under Section 58(3) of the Design Law as applied under Section 62(2)(including its application under Section 68(5)) of this Law, 
has made a false statement before the Patent Office or a court 
commissioned thereby, he shall be liable to an administrative penalty not exceeding 100,000 yen. IP/N/1/JPN/T/2 
Page 74  
 
 84. 
 
 Where a person who has been summoned by the Patent Office or a 
court commissioned thereby in accordance with this Law has failed to 
appear or has refused to take an oath, to make a statement, to testify, to give an expert opinion or to interpret, without a 
legitimate reason, he shall be liable to an administrative penalty 
not exceeding 100,000 yen.  
85. 
 
 Where a person who has been ordered by the Patent Office or a 
court commissioned thereby to produce or show documents or other 
evidence in accordance with the provisions of this Law relating to the examination or preservation of evidence has failed to comply 
with the order, without a legitimate reason, he shall be liable to 
an administrative penalty not exceeding 100,000 yen.  
Attached Table (Related to Section 76) 
 
 Person liable to pay Amounts 
1. Person filing application for trademark 
registration ¥6,000 per 
case plus 
¥15,000 for 
each of the classification 
2. Person filing application for defensive 
mark registration, or renewal of term of 
right based on defensive mark registration ¥12,000 per 
case plus 
¥30,000 for each of the 
classification 
3. Person demanding the division of a 
trademark right ¥30,000 per 
case 
4. Person requesting interpretation in 
accordance with Section 28(1) (including 
its application under Section 68(3)) ¥40,000 per 
case 
5. Person filing opposition to trademark 
registration ¥3,000 per 
case plus ¥8,000 for each of the 
classification 
6. Person demanding intervention in a trial 
examination of the opposition to trademark registration ¥11,000 per 
case 
7. Person demanding trial or retrial ¥15,000 per 
case plus 
¥40,000 for each of the 
classification 
8. Person demanding intervention in trial or 
retrial ¥55,000 per 
case 
 
__________ 