Japan・Tokyo・Kanagawa・Kawasaki・Yokohama・Yokosuka・Intellectual Property・Patents・Designs・Design patents・Trademarks・Servicemarks ・Copy Rights・Filing an application・Translation 【Sakano & Associates （Yokohama Kannai)】
    
Sakano & Associates
Patent Attorney
President
Hiroyuki Sakano
Prease see a profile
#601, M・P・S Kannai, 1-6 Sumiyoshi-cho, Naka-ku, Yokohama-city, Kanagawa,
Japan
231-0013
TEL : +81-45-227-5117
FAX: +81-45-227-5118
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・Trademark
・Flow chart
・Explanation of the flow chart
・Application
・Publication of Unexamined Application
・Formality Examination
・Notice for Amendment
・Substantive Examination
・Notification of Reasons for Refusaｌ
・Filing an Argument
・Filing an Amendment
・Decision of Registration・Appeal Decision to register a Trademark
・Registration Fee Payment
・Registration
・Extinguishment or Renewal
・Decision of Refusal
・Appeal against Decision of Refusal
・Appeal a case
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| Explanation of the flow chart |
【Application】
Application means that a procedure to submit necessary documents to the
JPO to obtain a trademark right. Japan has adopted the first-to-file system.
Therefore, it is advisable to file as soon as possible after a new mark
or neming occurs to you.
Flow chart
| Publication of Unexamined Application |
【Publication of Unexamined Application】
Publication of Unexamined Application is a system that the content of an
application is opened after filing of an trademark application.
【Formality Examination】
Formality Examination is a examination that an application document is
checked to see whether or not it fulfills the necessary procedural and
formal requirements.
As a result of the Examination, Notice for Amendment will be made if necessary
documents are missing or required sections have not been filled in.
【Notice for Amendment】
Notice for Amendment will be made if necessary documents are missing or
required sections have not been filled in.
If you do not file an amendment in designated period, the filed application
will be rejected.
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【Substantive Examination】
Substantive Examination is carried out by the examiner of the JPO, who
will decide whether or not the trademark should be registered.
| Notification of Reasons for Refusal |
【Notification of Reasons for Refusal】
Notification of Reasons for Refusal is a notification which is sent to
the applicant, if the examiner finds reasons for refusal.
In certain fixed period, an applicant is able to submit an Argument and
an Amendment with the JPO.
【Filing an Argument】
For example, an Argument is a document claiming that the trademark differs
from a trademark to which the notification of reasons for refusal refers.
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【Filing an Amendment】
An applicant who has received the notification of reasons for refusal shall
be given an opportunity to submit an Amendment of the designated goods
or designated services.
【Decision of Registration】
Decision of Registration is a decision to register a trademark as the final
assessment of the examination stage in the case that no reasons for refusal
have been found or the reasons for refusal have been eliminated by filing
an Argument or Amendment.
【Appeal Decision to register a Trademark】
Appeal Decision to register a Trademark is a appeal decision to register
a trademark as the final assessment of the appeal examination stage in
the case that no reasons for refusal have been found or the reasons for
refusal have been eliminated by filing an Argument or Amendment.
【Registration Fee Payment】
The registrationpatent fee shall be paid within 30 days from the date of
transmittal of the examiner's decision or the appeal (trial) decision that
the trademark registration is to be effected.
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【Registration】
Provided that the applicant pays the registration fee, a trademark is registered,
and then, the trademark right shall be established.
【Extinguishment】
The term of the trademark right shall be 10 years from the date of registration
of its establishment（§19）.
【Renewal】
The term of the trademark right may be renewed by application for registration
of renewal.
【Decision of Refusal】
Decision of Refusal is a decision which a trademark application is to be
refused as the final assessment of the examination stage in the case that
the reasons for refusal have not been eliminated.
【Appeal Decision of Refusal】
Appeal Decision of Refusal is a decision which a trademark application
is to be refused as the final assessment of the appeal examination stage
in the case that the reasons for refusal have not been eliminated.
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| Appeal against Decision of Refusal |
【Appeal against Decision of Refusal】
When dissatisfaction is in the decision of refusal of the examiner, the
applicant may appeal against the decision of refusal.
【Appeal a case】
When dissatisfaction is in the appeal decision of refusal of the examiner, the applicant may appeal against the appeal decision of refusal. An action against a appeal (trial) decision shall come under the exclusive jurisdiction of the Intellectual property High Court.
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