The following Trademark Updates were issued in Japan by the JPO last year.
https://www.jpo.go.jp/e/system/trademark/gaiyo/document/index/panhu29.pdf
The above documents briefly introduce the number of applications for trademark registration, the examination period, and the examination flow. Please refer to this document when considering applying for trademark registration in Japan.
Non-Traditional Trademarks
In Japan, the registration of non-traditional trademarks, such as sound trademarks (Sound) and trademarks consisting only of colors (Color), which could not previously be registered and protected as trademarks, began in 2015.
While Color trademarks tend to be difficult to register in Japan due to the need for a high degree of distinctiveness, a certain percentage of Sound, Position, Motion, and other trademarks are registered, as shown in the statistics above.
Examples of Non-Traditional Trademarks
Below are some specific examples of non-traditional trademarks for which trademark registration applications have been filed in Japan.
・Sound
The following Intel Corporation trademark was registered, and the audio file for it is available at this link.
・Position
The EDWIN trademark below is registered as a positional trademark, with the position of the mark being specified as “upper left of the back pocket of trousers”.
・Color
An application was filed for the following Hermes trademark, which consists solely of a combination of colors. However, the application for registration of the trademark in question was unsuccessful in an appeal against the Examiner’s decision of rejection(Appeal 2021-13743, 2023/04/25), and a lawsuit to cancel the decision was filed (R05-10095, 2023/08/23).
Takaoka IP is dedicated to helping you navigate the intricacies of the Japanese patent and trademark system. Our recommendations are strictly aligned with the latest Japanese laws, regulations and standards, and we can help you to develop customized strategies that meet your unique needs for the most effective rights acquisition .
