【Japan】 Preemptive trademark filings targeting others' marks are on the rise

In Japan, trademark applications aimed at preemptively registering others' trademarks are increasing, and the JPO (Japan Patent Office) is urging caution.

Most of these applications have a procedural problem in that the application fee is not paid, and the Patent Office continues to issue dismissal dispositions for such applications.

Even if the application fee is paid, registration of the trademark will not be granted in cases where the applied-for trademark is not to be used for goods and services related to the applicant's business (Article 3, Paragraph 1 of the Trademark Act), as well as in cases of applications that constitute a preemptive filing of another party's well-known trademark or applications of marks of public interest belonging to other companies (each item of Article 4, Paragraph 1 of the Trademark Act).

Even if your trademark has already been filed by an unfamiliar third party, please be careful not to abandon your own trademark immediately.

Such applications are published in the application laid-open gazette and on J-PlatPat (the Patent Office database), but this only indicates that a trademark registration application has been filed; it does not mean that the trademark registration has been granted.

If you have any questions, please feel free to contact the A&J International Patent Office at any time.

Consultations are free of charge.