Article 1The purpose of this Act is, through the protection of trademarks, to ensure upholding the reputation of businesses of persons who use trademarks, thereby contributing to the development of the industry and the protection of the interests of consumers.

Article 2(1)"Trademark" in this Act means, among those which can be perceived by people, any character, figure, sign or three-dimensional shape or color, or any combination thereof; sounds, or anything else specified by Cabinet Order (hereinafter referred to as a "mark") which is:

(2)"Services", as set forth in item (ii) of the preceding paragraph, are to include the provision of benefits for customers conducted in the course of retail and wholesale business.

(3)"Use" with respect to a mark as used in this Act refers to any of the following acts:

(4)In cases of marks listed in the following items, affixing a mark to goods or other articles provided for in the preceding paragraph is to include those listed in each of those items:

(5)"Registered trademark" in this Act means a trademark that has been registered as a trademark.

(6)In this Act services may be included within the scope of what is considered similar to goods, and goods may in turn be included within the scope of what is considered similar to services.

Article 3(1)Any trademark used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:

(2)Notwithstanding the preceding paragraph, a trademark that falls under any of items (iii) through (v) of the preceding paragraph may be registered if, as a result of the use of the trademark, consumers are able to recognize the goods or services as those pertaining to a business of a particular person.

Article 4(1)Notwithstanding the preceding Article, no trademark may be registered if the trademark:

(2)Where the national government or a local government, an agency thereof, a non-profit organization undertaking business for public interest, or a person undertaking a non-profit activities for public interest files an application for trademark registration falling under item (vi) of the preceding paragraph, the provisions of those items do not apply.

(3)Paragraph (1), items (viii), (x), (xv), (xvii) and (xix) do not apply to a trademark falling under any of those items which does not fall under those items at the time of filing of an application for trademark registration.

Article 5(1)Any person who desires to register a trademark must submit an application to the Commissioner of the Patent Office accompanied by the required documents. The application must state the following:

(2)Where a person desires to register a trademark listed as follows, the application must contain a statement indicating thereof:

(3)When a person desires to register a trademark consisting solely of characters designated by the Commissioner of the Patent Office (hereinafter referred to as "standard characters"), the application must contain a statement indicating thereof.

(4)When a person desires to register any trademark provided by Order of the Ministry of Economy, Trade and Industry, the person must state a detailed description of the trademark in the application pursuant to Order of the Ministry of Economy, Trade and Industry, and affix materials provided by Order of the Ministry of Economy, Trade and Industry to the application.

(5)The statement and materials in the preceding paragraph must specify the trademark for which a registration is sought.

(6)Where a portion of the trademark for which a registration is sought is in the same color as that of the column in which such a trademark is required to be stated, that portion of the trademark is deemed not to be a part of the trademark; provided, however, that this does not apply to an area specified and identified as an area to be colored in the same color as that of the column.

Article 5-2(1)The Commissioner of the Patent Office must approve the filing date of an application for trademark registration as that of the date of submission of the application relating thereto, unless the application for trademark registration falls under any of the following items:

(2)Where an application for trademark registration falls under any of the items of the preceding paragraph, the Commissioner of the Patent Office must order the person who desires to register the trademark to supplement the application, designating a reasonable time limit for doing so.

(3)Supplementing an application for trademark registration must be made by submitting a document with respect to the supplement (hereinafter referred to as a "written supplement").

(4)Where an applicant who was required to supplement an application for trademark registration under paragraph (2) supplements that application within the designated time limit as provided in that paragraph, the Commissioner of the Patent Office must approve the date of submission of the written supplement as the filing date of the application for trademark registration.

(5)Where an applicant who has been required to supplement an application for trademark registration under paragraph (2) fails to supplement that application within the designated time limit as provided for in that paragraph, the Commissioner of the Patent Office may dismiss that application for trademark registration.

Article 6(1)An application for trademark registration must be filed for each trademark and designate one or more goods or services in connection with which the trademark is to be used.

(2)The designation provided for in the preceding paragraph must be made in accordance with the class of goods and services provided by Cabinet Order.

(3)The class of goods and services provided for in the preceding paragraph must not be perceived as prescribing the scope of similarities of goods or services.

Article 7(1)A general incorporated association or other association (except those which do not have legal personality, and companies), or any other association established pursuant to a special Act including business cooperative (except those which do not have legal personality), or a foreign corporation equivalent thereto is entitled to obtain a collective trademark registration with respect to a trademark to be used by its members..

(2)For the purpose of the application of Article 3, paragraph (1), in the case of the preceding paragraph, "applicant" in that paragraph is to read "applicant or its members."

(3)Any person who desires to register a collective trademark pursuant to paragraph (1) must, at the time of filing of an application for trademark registration pursuant to Article 5, paragraph (1), submit to the Commissioner of the Patent Office a document certifying that the applicant for trademark registration is a corporation that falls under paragraph (1).

Article 7-2(1)Any association established by a special Act, including a business cooperative (those which do not have legal personality are excluded, and limited to those which are established by a special Act providing, without just cause, that the association must not refuse the enrollment of any person who is eligible to become a member, or that the association must not impose on any of its prospective members any condition that is greater than those imposed on its existing members), a commercial transaction, commercial and industrial association or specified non-profit corporation specified in Article 2, paragraph (2) of Act on Promotion of Specified Non-profit Activities (Act No. 7 of 1998), or a foreign corporation equivalent thereto (hereinafter referred to as an "association, etc.") is entitled to obtain a regional collective trademark registration with respect of any of the following, provided that the trademark is used by its members and, as a result of the use of that trademark, that trademark is well known among consumers as indicating the goods or services pertaining to the business of the applicant or its members, notwithstanding the provisions of Article 3 (except in cases falling under Article 3, paragraph (1), item (i) or (ii)):

(2)The term "name of the region" as used in the preceding paragraph means, even prior to the filing of that application, the name of the place of origin of the goods, the location of provision of services, or the name of the region which is considered to have a close relationship with those goods or services to the equivalent extent, for which the trademark pertaining to that application has been used by the applicant or its members, or abbreviation thereof.

(3)For the purpose of the application of Article 3, paragraph (1) (limited to the part pertaining to items (i) and (ii)) in the case of paragraph (1), "applicant" in the paragraph is to read "applicant or its members."

(4)Any person who desires to register a regional collective trademark pursuant to paragraph (1) must, at the time of filing of an application for trademark registration pursuant to Article 5, paragraph (1), submit to the Commissioner of the Patent Office a document certifying that the applicant for trademark registration is an Association, etc. and documents necessary to prove that the trademark for which the registration is sought contains the name of a region as provided in paragraph (2).

Article 8(1)Where two or more applications for trademark registration relating to identical or similar trademarks which are to be used in connection with identical or similar goods or services have been filed on different dates, only the applicant who filed the application for trademark registration on the earlier date is entitled to register the trademark in question.

(2)Where two or more applications for trademark registration relating to identical or similar trademarks which are to be used in connection with identical or similar goods or services have been filed on the same date, only one applicant who is to be determined by consultations among the applicants who filed the applications is entitled to register the trademark in question.

(3)Where an application for trademark registration is abandoned, withdrawn or dismissed, or an examiner's decision or a trial or appeal decision on an application for trademark registration becomes final and binding, the application is, for the purposes of the application of the preceding two paragraphs, deemed never to have been filed.

(4)In cases such as that in paragraph (2), the Commissioner of the Patent Office must require the applicants for trademark registration to arrange consultations among the applicants as set forth in the paragraph and to report the result thereof, designating a reasonable time limit for doing so.

(5)Where no agreement is reached in the consultations held pursuant to paragraph (2) or no report is submitted within the designated time limit set forth in the preceding paragraph, only one applicant, selected by a lottery in a fair and just manner conducted by the Commissioner of the Patent Office, is entitled to register the trademark in question.

Article 9(1)Where an application for trademark registration is filed in connection with a trademark used for goods or services exhibited at an exhibition held by the government, etc., an exhibition held by those who are not the government, etc. that conforms to the standards specified by the Commissioner of the Patent Office, an international exhibition held by the government, etc. of a country party to the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty or by those authorized thereby to hold the exhibition in its territory, or an international exhibition held by the government, etc. of a country which is not a country party of the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty or by those authorized thereby to hold the exhibition in its territory that conforms to the standards specified by the Commissioner of the Patent Office, by the exhibitor of the goods or services bearing the trademark within six months from the date of exhibition of the goods or services, that application is be deemed to have been filed at the time of exhibition of the goods or services.

(2)Any person who intends to apply the preceding paragraph in connection with a trademark relating to an application for trademark registration must submit to the Commissioner of the Patent Office a document stating thereof at the time of filing of the application for trademark registration, and documents proving the fact that the trademark pertaining to an application for trademark registration and its designated goods or designated services fall under the trademark and goods or services provided in that paragraph (referred to as a "certificate" in the following paragraph and paragraph (4)), within thirty days from the filing date of an application for trademark registration.

(3)Where a person submitting a certificate is unable to submit the certificate within the time limit under the preceding paragraph, that person may, in accordance with Order of the Ministry of Economy, Trade and Industry, submit the certificate to the Commissioner of the Patent Office only within the time limit as provided in Order of the Ministry of Economy, Trade and Industry, even after the expiration of the time limit.

(4)Where, due to any grounds not attributable to the person, the person submitting a certificate is unable to submit the certificate within the time limit for submission of the certificate pursuant to the preceding paragraph, notwithstanding the paragraph, submit the certificate to the Commissioner of the Patent Office within 14 days (two months for overseas residents) from the date on which the reasons for not submitting ceased to be applicable, but not later than six months after the expiration of that time limit.

Article 9-2A right of priority based on an application for registration of a trademark filed in a country party to the Paris Convention (limited to a trademark equivalent to a trademark provided in Article 2, paragraph (1), item (ii)) may be claimed as governed by the same rules as Article 4 of the Paris Convention in connection with a right of priority based on an application for registration of a trademark equivalent to the trademark provided in Article 2, paragraph (1), item (i).

Article 9-3A right of priority based on an application filed by a person stated in the left column of the following table in a country stated in the right column of the same table may be claimed in connection with an application for trademark registration as governed by Article 4 of the Paris Convention.

Article 9-4Where, after the registration of establishment of a trademark right, any amendment made to the designated goods or designated services, or trademark for which registration is sought stated in the application, is found to cause any change of the outline thereof, the application for trademark registration is deemed to have been filed at the time of submission of the written amendment relating thereto.

Article 10(1)An applicant for trademark registration may file one or more new applications with regard to part of an application which designates two or more goods or services as its designated goods or designated services, provided that the application for trademark registration is pending in an examination proceeding, trial or appeal, or retrial examination, or that a suit against a decision on appeal to refuse the application is pending in courtand that the applicant has paid the fees payable under Article 76, paragragh (2) for the application for trademark registration.

(2)In the case of the preceding paragraph, the new application for trademark registration is deemed to have been filed at the time of filing of the original application for trademark registration; provided, however, that this does not apply for the purpose of Article 9, paragraph (2) of this Act and Articles 43, paragraphs (1) and (2) of the Patent Act (Act No.121 of 1959) as applied mutatis mutandis pursuant to Article 13, paragraph (1) of this Act (including cases where they are applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1) of this Act).

(3)Where a new application for trademark registration is filed as provided in paragraph (1), statements or documents submitted in connection with the original application for trademark registration which are required to be submitted in connection with the new application for trademark registration pursuant to Article 9, paragraph (2) of this Act or Articles 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1) of this Act (including its mutatis mutandis application pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1) of this Act) is deemed to have been submitted to the Commissioner of the Patent Office at the time of filing the new application for trademark registration.

Article 11(1)An applicant for trademark registration may convert an application for trademark registration of a collective trademark into a regular application for trademark registration (referring to an application for trademark registration other than those of collective trademarks and regional collective trademarks; the same applies hereinafter) or an application for trademark registration of a regional collective trademark.

(2)An applicant for trademark registration may convert an application for trademark registration of a regionally-based collective trademark into a regular application for trademark registration or an application for trademark registration of a collective trademark.

(3)An applicant for trademark registration may convert a regular application for trademark registration into an application for trademark registration of a collective trademark or an application for trademark registration of a regionally-based collective trademark.

(4)The conversion of an application for trademark registration pursuant to the provisions of the preceding three paragraphs may not be made after an examiner's decision or a trial or appeal decision on the application for trademark registration becomes final and binding.

(5)Where the conversion of an application for trademark registration is made pursuant to paragraphs (1) through (3), the original application for trademark registration is deemed to have been withdrawn.

(6)The provisions of Article 10, paragraphs (2) and (3) apply mutatis mutandis to the conversion of an application for trademark registration pursuant to paragraphs (1) through (3).

Article 12(1)An applicant for a defensive mark registration may convert the application into an application for trademark registration.

(2)The conversion of an application pursuant to the preceding paragraph may not be made after an examiner's decision or a trial or appeal decision on the application for a defensive mark registration becomes final and binding.

(3)The provisions of Article 10, paragraphs (2) and (3), and Article 11, paragraph (5) apply mutatis mutandis to the conversion of an application pursuant to paragraph (1).

Article 12-2(1)Where an application for trademark registration is filed, the Commissioner of the Patent Office must publicize the trademark application.

(2)The publication of a trademark application is effected by stating the following particulars in the trademark bulletin; provided, however, that this does not apply to the particulars listed in items (iii) and (iv), where the Commissioner of the Patent Office finds that publishing those particulars in the trademark bulletin is likely to cause damage to public policy:

Article 13(1)The provisions of Article 43, paragraphs (1) through (4) and paragraphs (7) through (9) and Article 43-3, paragraphs (2) and (3) of the Patent Act apply mutatis mutandis to an application for trademark registration.In this case, the term "within the time limit provided by Order of the Ministry of Economy, Trade and Industry" in Article 43, paragraph (1) of that Act is deemed to be replaced with "at the time of filing of the application for trademark registration," "the description, scope of claims for patent or claim of utility model and drawings" in paragraph (2) of that Article is deemed to be replaced with "the statement of the trademark for which registration is sought and the designated goods or designated services," "one year and four months from the earliest of the following dates" in paragraph (2) of that Article is deemed to be replaced with "three months from the filing date of an application for trademark registration"; "a person who has received a notice provided under the preceding paragraph" in paragraph (7) of that Article is deemed to be replaced with "where a person who submits the documents under paragraph (2) is unable to submit the documents under that paragraph within the time limit provided in that paragraph, even after the expiration of that time limit," "the documents specified in paragraph (2) or the document specified in paragraph (5)" in paragraph(7) of that Article is deemed to be replaced with "the documents specified in that paragraph as provided by Order of the Ministry of Economy, Trade and Industry"; "a person who has received a notice provided under paragraph (6)" in paragraph(8) of that Article is deemed to be replaced with "a person who submits the documents under paragraph (2)," "the documents specified in paragraph (2) or the document specified in paragraph (5)" in paragraph (8) of that Article is deemed to be replaced with "the documents specified in paragraph (2)," "the documents or the document" in paragraph(8) of that Article is deemed to be replaced with "the documents"; "the documents specified in paragraph (2) or the document specified in paragraph (5)" in paragraph (9) of that Article is deemed to be replaced with "the documents specified in paragraph (2)"; "or members of the World Trade Organization" in Article 43-3, paragraph (2) of that Act is deemed to be replaced with "members of the World Trade Organization or Contracting Parties to the Trademark Law Treaty"; "or nationals of members of the World Trade Organization" in the same paragraph is deemed to be replaced with "nationals of members of the World Trade Organization or nationals of Contracting Parties to the Trademark Law Treaty"; "preceding two Articles" in paragraph (3) of that Article is deemed to be replaced with "Article 43"; and "preceding two paragraphs" in paragraph (3) of that paragraph is deemed to be replaced with "preceding paragraph."

(2)The provisions of Articles 33, paragraphs (1) through (3) and Article 34, , paragraphs (4) through (7) (Right to obtain patent) of the Patent Act apply mutatis mutandis to the rights deriving from an application for trademark registration.

Article 13-2(1)Where an applicant for trademark registration issues a warning after filing an application for trademark registration by presenting a document stating a description of the application, the applicant may claim against any person who uses the trademark pertaining to the application, for the designated goods or designated services in the application during the period from the warning to the registration of establishment of the trademark right, the payment of money in the amount equivalent to the loss incurred in the course of business due to the use.

(2)The right to claim under the preceding paragraph may not be exercised prior to the registration of establishment of the trademark right.

(3)Exercising the right to claim under paragraph (1) does not preclude exercising the trademark right.

(4)The right to claim under paragraph (1) is deemed never to have arisen in any of the following cases: where an application for trademark registration is abandoned, withdrawn or dismissed; where an examiner's decision or a trial or appeal decision to the effect that an application for trademark registration is to be refused becomes final and binding; where a ruling to cancel a trademark under Article 43-3, paragraph (2) becomes final and binding; or where, excluding the cases falling under the proviso to Article 46-2, paragraph (1), a trial decision to the effect that a trademark registration is to be invalidated becomes final and binding.

(5)The provisions of Articles 27 and 37 of this Act, Article 104-3, paragraphs (1) and (2), Article 105, Article 105-2-11, Articles 105-4 through 105-6 and Article 106 of the Patent Act as applied mutatis mutandis under Article 39 of this Act, and Article 168, paragraphs (3) through (6) of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act and Article 719 and Article 724 (Tort) of the Civil Code (Act No.89 of 1896) apply mutatis mutandis to the exercise of the right to claim under paragraph (1).In this case, where prior to the registration of the establishment of the trademark right, the person having the right to claim becomes aware of the fact that the trademark in connection with the application for trademark registration is used, and the identity of the person using the trademark, the term "by the victim or their legal representative within three years from the time when they come to know of the damages and the identity of the perpetrator" in Article 724 of that Code is deemed to be replaced with "by the person having the right to claim within three years from the date of the registration of the establishment of the trademark right."

Article 14The Commissioner of the Patent Office must direct the examination proceedings of applications for trademark registration by an examiner.

Article 15Where an application for trademark registration falls under any of the following items, the examiner must render a decision to the effect that the application is to be refused:

Article 15-2Where the examiner intends to render a decision to the effect that an application is to be refused, the examiner must notify the applicant for trademark registration of the reasons for refusal and provide the applicant an opportunity to submit a written opinion, designating a reasonable time limit for doing so.

Article 15-3(1)Where a trademark pertaining to an application for trademark registration is identical with, or similar to, another person's trademark pertaining to an application for trademark registration filed prior to the filing date of that application, if that trademark is used for goods or services identical with, or similar to, the designated goods or designated services pertaining to that other person's trademark, the examiner may notify the applicant for trademark registration of the fact that application for trademark registration will fall under Article 15, item (i) when the other person's trademark is registered, and provide the applicant with an opportunity to submit a written opinion, designating a reasonable time limit for doing so.

(2)Where the notification set forth in the preceding paragraph has already been served and that other person's trademark is registered, the examiner is not required to serve the notification set forth in the preceding Article.

Article 16Where no reasons for refusal are found in connection with an application for trademark registration within the time limit provided by Cabinet Order, the examiner must render a decision to the effect that the trademark is to be registered.

Article 16-2(1)Where an amendment made to the designated goods or designated services, or to the trademark for which registration is sought as stated in the application, is considered to cause any change of the outline thereof, the examiner must dismiss the amendment by a ruling.

(2)The ruling dismissing an amendment under the preceding paragraph must be made in writing and state reasons therefor.

(3)Where a ruling dismissing an amendment under paragraph (1) is rendered, the examiner does not render any decision on the applications for trademark registration before the expiration of a three month period from the date of service of a transcript of the ruling

(4)Where an applicant for trademark registration files a request for an appeal under Article 45. paragraph (1) against the ruling dismissing an amendment under paragraph (1), the examiner must suspend the examination proceedings of the application for trademark registration until the appeal decision becomes final and binding.

Article 17The provisions of Articles 47, paragraph (2) (Qualification of Examiners), Article 48 (Exclusion of Examiners), Article 52 (Formal Requirements for Examination Proceedings) and Article 54 (Relationship with Litigation) of the Patent Act apply mutatis mutandis to the examination proceedings of applications for trademark registration.

Article 17-2(1)The provisions of Article 17-3 (New Application for Designs as Amended) of the Design Act (Act No. 125 of 1959) apply mutatis mutandis to the case where an amendment is dismissed by a ruling pursuant to Article 16-2, paragraph (1) of this Act.

(2)The provisions of Article 17-4 of the Design Act apply mutatis mutandis to the case of an extension of the time limit provided in Article 17-3, paragraph (1) of the Design Act as applied mutatis mutandis to the preceding paragraph or Article 55-2, paragraph (3) (including its mutatis mutandis application under Article 60-2, paragraph (2)) of this Act.

Article 43-2Any person may file with the Commissioner of the Patent Office an opposition to registration within two months from the date of publication of the bulletin containing the trademark, on the grounds that the trademark registration falls under any of the following items; in this case, an opposition to registration may be filed for each of designated goods or designated services if the relevant trademark has been registered in connection with two or more designated goods or designated services:

Article 43-3(1)Examination proceedings and ruling on opposition to registration is to be conducted by a panel consisting of three or five administrative judges.

(2)Where the administrative judges find the trademark registration pertaining to an opposition to registration falls under any of the items of Article 43-2, the administrative judges must render a ruling to the effect that the trademark registration is to be rescinded (hereinafter referred to as a "ruling to cancel").

(3)Where the ruling to cancel becomes final and binding, the relevant trademark right is deemed never to have existed.

(4)Where the administrative judges find the trademark registration pertaining to an opposition to registration does not fall under any of the items of Article 43-2, the administrative judges must render a ruling to the effect that the trademark registration is to be maintained.

(5)The ruling under the preceding paragraph does not be subject to appeal.

Article 43-4(1)A person filing an opposition to registration of a trademark must submit to the Commissioner of the Patent Office a written opposition stating the following particulars:

(2)An amendment of the written opposition to registration submitted under the preceding paragraph does not change the outline thereof; provided, however, that these provisions do not apply to any amendment with respect to the particulars provided for in item (iii) of the preceding paragraph no later than thirty days from the lapse of the term provided in Article 43-2.

(3)The Commissioner of the Patent Office may, upon request or ex officio, extend the period provided in the preceding paragraph for a person in a remote area or an area with transportation difficulties.

(4)The chief administrative judge must send a copy of the written opposition to the holder of trademark right.

(5)The provisions of Article 46, paragraph (4) apply mutatis mutandis to the case where an opposition to registration is filed.

Article 43-5The provisions of Articles 136, paragraph (2) and Articles 137 through 144 of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act apply mutatis mutandis to the panel under Article 43-3, paragraph (1) and the administrative judges constituting thereof.

Article 43-5-2(1)The Commissioner of the Patent Office must designate a trial clerk for each case of opposition to registration.

(2)The provisions of Article 144-2, paragraphs (3) through (5) of the Patent Act as applied mutatis mutandis under Article 56 paragraph (1) of this Act apply mutatis mutandis to the trial clerk provided for in the preceding paragraph.

Article 43-6(1)Examination proceedings of opposition to registration are to be conducted by documentary examination; provided, however, that the chief administrative judge may decide to conduct oral proceedings if a petition is filed by the holder of trademark right, the opponent, an intervenor or ex officio.

(2)The provisions of Articles 145, paragraphs (3) through (5), Articles 146 and 147 of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act apply mutatis mutandis to oral proceedings provided for in the proviso to the preceding paragraph.

(3)Where any grounds for suspension or termination of examination proceedings is applicable to one of the joint holders of trademark rights for examination proceedings and ruling on an opposition to registration, that suspension or termination has effect on all such joint holders of trademark rights.

Article 43-7(1)In examination proceedings to render a decision on an opposition to registration, any person who has a right relating to the trademark right or any other person who has an interest in the trademark right may intervene in the examination proceedings in order to assist the holder of trademark right until the ruling on opposition to registration is rendered.

(2)Articles 148, paragraphs (4) and (5) and Article 149 of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act apply mutatis mutandis to the intervenor provided in the preceding paragraph.

Article 43-8The provisions of Articles 150 and 151 of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act apply mutatis mutandis to the examination of and preservation of evidence in the examination proceedings of opposition to registration.

Article 43-9(1)In examination proceedings of an opposition to registration, any grounds not pleaded by the holder of trademark right, the opponent, or the intervenor may be examined.

(2)In examination proceedings of an opposition to registration, no examination may be conducted on any designated goods or designated services for which the opposition to registration is not raised.

Article 43-10(1)Where two or more oppositions to registration are filed in relation to the same trademark right, unless special circumstances exist, the examination proceedings thereof are to be conducted jointly.

(2)Examination proceedings conducted jointly in accordance with the preceding paragraph may later be divided.

Article 43-11(1)An opposition to registration, once filed, may not be withdrawn after the notification under Article 43-12 is served.

(2)The provisions of Article 155, paragraph (3) of the Patent Act as applied mutatis mutandis under Article 56, paragraph (2) of this Act apply mutatis mutandis to the withdrawal of an opposition to registration.

Article 43-12Where the chief administrative judge intends to render a ruling to cancel, the chief administrative judge must notify the holder of trademark right and the intervenor of the reasons for cancel of the trademark registration and give those parties an opportunity to submit a written opinion, designating a reasonable time limit.

Article 43-13(1)A ruling on an opposition to registration must be rendered in writing stating the following particulars:

(2)Where a ruling has been rendered, the Commissioner of the Patent Office must serve a transcript of the ruling to the holder of trademark right, the opponent, the intervenor and persons whose request for intervention in the examination proceedings on the opposition to registration has been refused.

Article 43-14A ruling with regard to an opposition to registration become final and binding for each case of opposition to registration; provided, however, that the ruling with regard to an opposition to registration filed against the designated goods or designated services becomes final and binding for each of the designated goods or services.

Article 43-15(1)The provisions of Article 133, Article 133-2, Article 134, paragraph (4), Article 135, Article 152, Article 168, Article 169, paragraphs (3) through (6) and Article 170 of the Patent Act as applied mutatis mutandis under Article 56, paragraph (1) of this Act apply mutatis mutandis to examination proceedings and rulings on oppositions to registration.

(2)The provisions of Article 43-3, paragraph (5) of this Act apply mutatis mutandis to a ruling under Article 135 of the Patent Act as applied mutatis mutandis under the preceding paragraph.

Article 44(1)A person who has received an examiner's decision to the effect that an application is refused, and is dissatisfied with that decision, may file a request for appeal against the examiner's decision of refusal within three months from the date the transcript of the examiner's decision has been served.

(2)Where, due to reasons beyond the control of the person, the person filing a request for appeal pursuant to the preceding paragraph is unable to file the request within the time limit as provided in the preceding paragraph, that person may, notwithstanding that paragraph, file the request within 14 days (two months for overseas residents) from the date on which the reasons for not filing ceased to be applicable, but not later than six months after the expiration of that time limit.

Article 45(1)Any person who has received a ruling of dismissal of amendments under Article 16-2, paragraph (1) and is dissatisfied may file a request for appeal against the ruling within three months from the date the transcript of the ruling has been served; provided, however, that these provisions do not apply where a new application for trademark registration provided in Article 17-3, paragraph (1) of the Design Act as applied mutatis mutandis pursuant to Article 17-2, paragraph (1) of this Act is filed.

(2)The provisions of Article 44, paragraph (2) apply mutatis mutandis to a request for appeal under the preceding paragraph.

Article 46(1)Where a trademark registration falls under any of the following items, a request for a trial on the invalidation of the trademark registration may be filed; in this case, where the trademark has been registered in connection with two or more designated goods or designated services, a request may be filed for each of the designated goods or designated services:

(2)A request for a trial under the preceding paragraph may be filed only by an interested person.

(3)A request for a trial under paragraph (1) may be filed even after the extinction of the trademark right.

(4)Where a request for a trial is filed under paragraph (1), the chief administrative judge shall notify the holder of exclusive right to use the trademark right relating thereto or any other person who holds any right registered with regard to the trademark registration, of the fact.

Article 46-2(1)Where a trial decision to the effect that the trademark registration is to be invalidated becomes final and binding, the trademark right is deemed never to have existed; provided, however, that where the trademark registration falls under any of items (v) through (vii) of Article 46, paragraph (1) and a trial decision to the effect that the trademark registration is to be invalidated becomes final and binding, the trademark right is deemed not to have existed from the time any of items (v) through (vii) of that paragraph first became applicable to the trademark registration.

(2)In the case of the proviso to the preceding paragraph, where the time at which any of items (v) through (vii) of Article 46, paragraph (1) first became applicable to the trademark registration cannot be specified, the trademark right is deemed not to have existed from the date of registration of the request for invalidation trial of that trademark registration.

Article 47(1)Where a trademark registration has been made in violation of Article 3, 4, paragraph (1), item (viii),Article 4, paragraph (1), items (xi) through (xiv),Article 8, paragraph (1), (2) or (5), where a trademark registration has been made in violation of Article 4, paragraph (1), item (x) or (xvii) (excluding the case where a trademark has been registered for the purpose of unfair competition), where a trademark has been registered in violation of item (xv) of that paragraph (excluding the case where a trademark has been registered for unfair purposes), or where a trademark registration falls under Article 46, paragraph (1), item (iv), a request for a trial relating to the trademark registration under Article 46 , paragraph (1) may not be filed after a lapse of five years from the date of registration of the establishment of the trademark right.

(2)Where a trademark registration has been made in violation of Article 7-2, paragraph (1) (limited to the case where the trademark was not well known, as a result of the use of the trademark, among consumers as that indicating goods or services in connection with the business of the applicant for the trademark registration or its members) and five years have lapsed from the date of registration of the establishment of the trademark right, and further the registered trademark is well known among consumers as that indicating goods and services in connection with the business of the holder of trademark right or its members, a request for a trial pertaining to the trademark registration under Article 46, paragraph (1) may not be filed.

Article 48and Article 49 Deleted

Article 50(1)Where a registered trademark has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of the trademark registration in connection with the relevant designated goods or designated services.

(2)Where a request for a trial under the preceding paragraph is filed, unless the demandee proves that any of the holders of trademark rights, exclusive rights to use or non-exclusive rights to use has used the registered trademark in Japan in connection with any of the designated goods or designated services pertaining to the request within three years prior to the registration of the request for the trial, the holder of trademark right may not prevent the rescission of the trademark registration in connection with the relevant designated goods or designated services; provided, however, that this does not apply where the demandee shows just causes for non-use of the registered trademark in connection with the relevant designated goods or designated services.

(3)Where the registered trademark in connection with the designated goods or designated services pertaining to the request under paragraph (1) has been used in Japan by any of the holders of trademark rights, exclusive rights to use or non-exclusive rights to use, during the period from three months prior to the filing of the request for a trial under paragraph (1) to the date of the registration of the filing of the request, and where the demandant proves that the registered trademark has been used after the user became aware of the fact that request for a trial would be filed, the use of the registered trademark does not fall under the use of the registered trademark provided in paragraph (1); provided, however, that this does not apply to cases where the demandee shows just cause for the use of the registered trademark.

Article 51(1)Where a holder of trademark right intentionally uses either a trademark similar to a registered trademark in connection with the designated goods or designated services, or a registered trademark in connection with goods or services similar to the designated goods or designated services or a trademark similar thereto, in a manner that misleads as to the quality of the goods or services or can be confused with the goods or services pertaining to business of another person, any person may file a request for a trial for cancel of the trademark registration.

(2)The previous holder of a trademark right may not be granted a registration of the same trademark or of a trademark similar thereto in connection with the designated goods or designated services for which the trademark registration has been canceled, or in connection with goods or services similar thereto, until after a lapse of five years from the date the trial decision to the effect that the trademark registration is to be canceled under the preceding paragraph becomes final and binding.

Article 52A request for a trial under Article 51, paragraph (1) may not be filed after the lapse of five years from the date on which the holder of trademark right ceased to use the trademark in the manner provided in that paragraph.

Article 52-2(1)Where a trademark right to a similar registered trademark to be used in connection with identical goods or services, or a trademark right to an identical or similar registered trademark to be used in connection with similar goods or services becomes owned by a different holder of trademark right as a result of transfer of the trademark right, if the holder of trademark right of one of the registered trademarks uses, for the purpose of unfair competition, the registered trademark for its designated goods or designated services in a manner that can be confused with the goods or services pertaining to the business of the holder of trademark right, exclusive right to use or non-exclusive right to use of the other registered trademark, any person may file a request for a trial for cancellation of the trademark registration.

(2)The provisions of Articles 51, paragraph (2) and Article 52 apply mutatis mutandis to a trial under the preceding paragraph.

Article 53(1)Where a holder of an exclusive right to use or a non-exclusive right to use uses a registered trademark in connection with the designated goods or designated services or in connection with goods or services similar thereto, or a trademark similar thereto, in a manner that misleads as to the quality of the goods or services or can be confused with the goods or services pertaining to business of another person, any person may file a request for a trial for rescission of the trademark registration; provided, however, that this does not apply to cases where the holder of trademark right was not aware of the fact and exercised due care.

(2)The previous holder of trademark right, exclusive right to use or non-exclusive right to use who used the trademark in a manner provided in the preceding paragraph may not be granted a registration of the same trademark or of a trademark similar thereto in connection with the designated goods or designated services for which the trademark registration has been rescinded, or in connection with goods or services similar thereto, until after the lapse of five years from the date the trial decision to the effect that the trademark registration is to be canceled under the preceding paragraph becomes final and binding.

(3)The provisions of Article 52 apply mutatis mutandis to a trial under paragraph (1).

Article 53-2Where a registered trademark is a trademark pertaining to a right to a trademark (limited to a right equivalent to a trademark right) held by a person in a country party to the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty or a trademark similar thereto, and the designated goods or designated services thereof are goods or services pertaining to those right or goods or services similar thereto, and further, the application for trademark registration was filed without the approval of the person who has the right pertaining to the trademark, without a just cause, by their agent or representative or by their former agent or representative within one year prior to the filing date of the trademark registration, the person who has the right pertaining to the trademark may file a request for a trial for rescission of the trademark registration.

Article 53-3A request for a trial under Article 53-2 may not be filed after the lapse of five years from the date on which the establishment of the trademark right has been registered.

Article 54(1)Where a trial decision to the effect that the trademark registration is to be canceled becomes final and binding, the trademark right is expired thereafter.

(2)Notwithstanding the preceding paragraph, where a trial decision to the effect that the trademark registration is to be canceled becomes final and binding by a trial under Article 50, paragraph (1), the trademark right is deemed to have become expired on the date of registration of the request for a trial under that paragraph.

Article 55The provisions of Article 46 (4) apply mutatis mutandis to the case where a request for a trial is filed under Article 50, paragraph (1), 51, paragraph (1), Article 52-2, paragraph (1), Article 53, paragraph (1) or Article 53-2.

Article 55-2(1)The provisions of Article 15-2 and Article 15-3 apply mutatis mutandis to cases where reasons for refusal that are different from those contained in the examiner's decision are found in the appeal under Article 44, paragraph (1).

(2)The provisions of Article 16 apply mutatis mutandis where a request for appeal under Article 44, paragraph (1) is found to have reasonable grounds; provided, however, that these provisions do not apply where a decision on an appeal to the effect that further examination proceedings are to be carried out under Article 160, paragraph (1) of the Patent Act as applied mutatis mutandis pursuant to Article 56, paragraph (1) of this Act is rendered.

(3)The provisions of Article 16-2 of this Act and Article 17-3 of the Design Act apply mutatis mutandis to appeals under Article 44, paragraph (1) of this Act.In this case, the term "three months" in Article 16-2, paragraph (3) of this Act and Article 17-3, paragraph (1) of the Design Act is deemed to be replaced with "thirty days" and the term "files a request for an appeal under Article 45, paragraph (1)" in Article 16-2, paragraph (4) is deemed to be replaced with "institutes an action under Article 63, paragraph (1)."

Article 55-3Trial and appeal decision become final and binding for each trial or appeal case; provided, however, that the trial decision of a request for trial under Article 46, paragraph (1) of this Act filed for each designated goods or designated services is final and binding for each designated goods or designated services.

Article 56(1)The provisions of Articles 131, paragraph (1), Article 131-2, paragraph (1)(excluding items (ii) and (iii)), Articles 132 through 133-2, Article 134, paragraphs (1), (3),and (4), Articles 135 through 154, Article 155, paragraphs (1), and (2), Article 156, paragraphs (1), (3) and (4), Article 157, Article 158, Article 160, paragraphs (1), and (2), Article 161, Article 167, Articles 168 through 170 (effect of trial or appeal decisions, requests for trial or appeals, administrative judge, trial or appeal procedures in relation to litigation, and costs of trials or appeals) of the Patent Act apply mutatis mutandis to trial or appeals.In this case, the term "ground for the request as provided in paragraph (1) item (iii) of the preceding Article in the course of filing a request for trials or appeals other than invalidation trial, or in the event that approval is granted by the chief administrative judge under the following paragraph" in Article 131-2, paragraph (1) of the Patent Act is deemed to be replaced with "ground for the request as provided in Article 131, paragraph (1),item (iii) of the Patent Act as applied mutatis mutandis pursuant to Article 56, paragraph (1) of this Act in the course of filing a request for trials and appeals other than trials under Article 46, paragraph (1) of the Trademark Act" , the term "invalidation trial or invalidation trial of the registration of extension of term" in Articles 132, paragraph (1) and 167 of the Patent Act and the term "invalidation trial and an invalidation trial of the registration of extension of term" in Articles 145, paragraph (1) and 169, paragraph (1) of the Patent Act is deemed to be replaced with "trials under Article 46, paragraph (1), 50, paragraph (1), 51, paragraph (1), 52-2, paragraph (1), 53, paragraph (1) or 53-2 of the Trademark Act", the term ", in trials and appeals other than invalidation trial, notify" in Article 156, paragraph (1) of the Patent Act is deemed to be replaced with "notify" , the term "appeal against the examiner's decision of refusal" in Article 161 of the Patent Act and " appeal against an examiner's decision of refusal and correction trial" in Article 169, paragraph (3) of the Patent Act is deemed to be replaced with "appeals under Article 44, paragraph (1) or 45, paragraph (1) of the Trademark Act".

(2)The provisions of Article 155, paragraph (3) (withdrawal of a request for trial or appeal) of the Patent Act apply mutatis mutandis to a trial under Article 46, paragraph (1) of this Act.

Article 56-2The provisions of Article 51 of the Design Act apply mutatis mutandis to an appeal under Article 45, paragraph (1) of this Act.

Article 57(1)A party or intervener in a case may file a request for a retrial against a final and binding ruling to cancel or a final and binding decision on appeal.

(2)The provisions of Article 338, paragraphs (1) and (2), and Article 339 (grounds for retrial) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to a request for retrial under the preceding paragraph.

Article 58(1)Where the demandant of trials and appeals in conspiracy with the demandee has had trial or appeal decision rendered for the purpose of harming the right or interest of a third party, the third party may file a request for a retrial against the final and binding trial or appeal decisions .

(2)A request for a retrial under the preceding paragraph must be filed against the demandant and the demandee in the appeals as joint demandees.

Article 59Where a trademark right pertaining to a rescinded or invalidated trademark registration has been restored by a retrial, the trademark right has no effect on any of the following acts:

Article 60(1)Where a trademark right pertaining to a rescinded or invalidated trademark registration has been restored by a retrial or, where the establishment of a trademark right with respect to an application for trademark registration refused by trial decision has been registered through a retrial, and where a person, after the ruling to cancel or trial decision becomes final and binding but before the registration of a request for a retrial, uses the registered trademark or a trademark similar thereto in Japan in good faith in connection with the designated goods or designated services or in connection with goods or services similar thereto, and as a result, the trademark has become well known among consumers as that indicating goods or services pertaining to the business of the person at the time of registration of the filing of a request for a retrial, the person has the right to use the trademark in connection with the goods or services as far as those person continuously uses the trademark for the goods or services. The same applies to those by whom the business is succeeded.

(2)The provisions of Article 32, paragraph (2) apply mutatis mutandis to the preceding paragraph.

Article 60-2(1)The provisions of Article 43-3, Articles 43-5 through 43-9 and Articles 43-12 through 43-15 of this Act, Article 131, paragraph (1), the main clause of Article 131-2, paragraph (1), Article 132, paragraph (3), Article 154, Article 155, paragraph (1) and Article 156, paragraphs (1),, (3), and (4) of the Patent Act as applied mutatis mutandis pursuant to Article 56, paragraph (1) of this Act, and Article 155, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 56, paragraph (2) of this Act apply mutatis mutandis to a retrial against a final and binding ruling to cancel.

(2)The provisions of Article 55-2 and Article 55-3 apply mutatis mutandis to a retrial against a final and binding decision on appeal on appeals under Article 44, paragraph (1).

(3)The provisions of Article 55-3 and Article 56-2 apply mutatis mutandis to a retrial against a final and binding decision on appeal on appeals under Article 45, paragraph (1).

(4)The provisions of Article 55-3 apply mutatis mutandis to a retrial against a final and binding trial decision on trials under Article 46, paragraph (1), Article 50, paragraph (1), Article 51, paragraph (1), Article 52-2, paragraph (1), Article 53, paragraph (1) or Article 53-2.

Article 61The provisions of Article 173 (Time limit for request for retrial) and Article 174, paragraph (3) and Article 174, paragraph (5) (Application mutatis mutandis of provisions regarding trials) of the Patent Act apply mutatis mutandis to a request for a retrial.In this case, the term "Articles 167 through 168" in paragraph (3) of those Article is deemed to be replaced with "Article 167, Article 168", the term "invalidation trial or invalidation trial of the registration of extension " in Article 174, paragraph (2) of the Patent Act is deemed to be replaced with "trials and appeals under Article 46, paragraph (1), Article 50, paragraph (1), Article 51, paragraph (1), Article 52-2, paragraph (1), Article 53, paragraph, (1) or Article 53-2 of the Trademark Act".

Article 62(1)The provisions of Article 58, paragraph (2) (mutatis mutandis application of provisions concerning appeals) of the Design Act apply mutatis mutandis to a retrial against a final and binding decision on appeal on appeals under Article 44, paragraph (1) of this Act.In this case, the term "the main clause of Article 167-2, Article 168" in Article 58, paragraph (2) of the Design Act is deemed to be replaced with "Article 168."

(2)The provisions of Article 58, paragraph (3) of the Design Act applies mutatis mutandis to a retrial against a final and binding decision on appeal on appeals under Article 45, paragraph (1) of this Act.In this case, the term "the main clause of Article 167-2, Article 168" in Article 58, paragraph (3) of the Design Act is deemed to be replaced with "Article 168."

Article 63(1)The Tokyo High Court has exclusive jurisdiction over any action against a ruling to cancel or trial or appeal decision, an action against a ruling to dismiss an amendment under Article 16-2, paragraph (1) as applied mutatis mutandis pursuant to Article 55-2, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 60-2, paragraph (2)) and an action against a ruling to dismiss a written opposition or a written request for an trial or appeal, or retrial.

(2)The provisions of Article 178, paragraphs (2) through (6) (time limit for institution of action, etc.), Articles 179 through 182 (appropriate party as defendant, notice of institution of action, opinion of the Commissioner of the Patent Office in an action for revocation of a trial or appeal decision, rescission of a trial or appeal decision or ruling and delivery of original copy, etc. of judgment) of the Patent Act apply mutatis mutandis to the actions under the preceding paragraph.In this case, the term "invalidation trial or invalidation trial of the registration of extension " in Article 179 of the Patent Act is deemed to be replaced with "trials under Article 46, paragraph (1), Article 50, paragraph (1), Article 51, paragraph (1), Article 52-2 paragraph, (1), Article 53, paragraph (1) or Article 53-2 of the Trademark Act."

Article 64(1)Where a registered trademark pertaining to goods is well known among consumers as that indicating the designated goods in connection with the business of a holder of a trademark right, the holder of the trademark right may, where the use by another person of the registered trademark in connection with goods other than the designated goods pertaining to the registered trademark or goods similar thereto, or in connection with services other than those similar to the designated goods is likely to cause confusion between those other person's goods or services and the designated goods pertaining to their own business, obtain a defensive mark registration for the mark identical with the registered trademark in connection with the goods or services for which the likelihood of confusion exists.

(2)Where a registered trademark pertaining to services is well known among consumers as that indicating the designated services in connection with the business of a holder of trademark right, the holder of trademark right may, where the use by another person of the registered trademark in connection with services other than the designated services pertaining to the registered trademark or services similar thereto or in connection with goods other than those similar to the designated services is likely to cause confusion between those other person's services or goods and the designated services pertaining to their own business, obtain a defensive mark registration for the mark identical with the registered trademark in connection with the services or goods for which the likelihood of confusion exists.

(3)For the purpose of the application of the preceding two paragraphs in relation to defensive mark registrations pertaining to a trademark right pertaining to a regionally-based collective trademark, the term "their own" in those paragraphs is deemed to be replaced with "its own or its members' ."

Article 65(1)An applicant for a trademark registration may convert an application for trademark registration into an application for a defensive mark registration.

(2)The conversion of an application under the preceding paragraph may not be made after the examiner's decision or the trial or appeal decision on the application for trademark registration becomes final and binding.

(3)The provisions of Article 10, paragraph (2) and, (3), Article and 11, paragraph (5) apply mutatis mutandis to the conversion of an application under paragraph (1).

Article 65-2(1)The term of a right based on defensive mark registration expires after ten years from the date of registration of the establishment of the right.

(2)The term of a right based on defensive mark registration may be renewed by filing an application for registration of renewal; provided, however, that this does not apply to cases where the registered defensive mark becomes unregistrable as a defensive mark pursuant to Article 64.

Article 65-3(1)A person filing an application for registration of renewal of a right based on a defensive mark registration must submit to the Commissioner of the Patent Office an application stating the following:

(2)An application for registration of renewal must be filed during the period from six months prior to the expiration of the right based on defensive mark registration to the date of expiration thereof.

(3)Where a person filing an application for registration of renewal of a right based on defensive mark registration has justifiable reasons for having been unable to file the application for registration of renewal within the time limit for the application pursuant to the preceding paragraph, the person may file the application only within the time limit provided by Order of the Ministry of Economy, Trade and Industry.

(4)Where an application for registration of renewal of a right based on defensive mark registration is filed, the term is deemed to have been renewed upon expiration (where an application is filed under the preceding paragraph, upon filing of the application); provided, however, that this does not apply to cases where the examiner's decision or trial or appeal decisions to the effect that the application is to be refused becomes final and binding or the renewal of a right based on defensive mark registration is registered.

Article 65-4(1)Where an application for registration of renewal of a right based on defensive mark registration falls under any of the following items, the examiner must render a decision to the effect that the application is to be refused:

(2)Where no reasons for refusal are found in connection with an application for registration of renewal of a right based on defensive mark registration, the examiner must render a decision to the effect that the renewal is to be registered.

Article 65-5The provisions of Articles 14 and 15-2 of this Act and Article 48 (exclusion of examiners) and Article 52 (formal requirements for examination proceedings) of the Patent Act apply mutatis mutandis to examination proceedings of an application for registration of renewal of a right based on defensive mark registration.

Article 65-6(1)Where a registration fee under Article 65-7, paragraph (2) is paid, the renewal of the right based on defensive mark registration must be registered.

(2)Upon registration under the preceding paragraph, the following particulars must be published in the trademark bulletin:

Article 65-7(1)A person obtaining a registration of establishment of a right based on defensive mark registration must pay as a registration fee for each defensive mark registration of 28,200 yen multiplied by the number of classes of goods or services.

(2)A person obtaining a registration of renewal of a right based on defensive mark registration must pay as a registration fee for each defensive mark registration of 33,400 yen multiplied by the number of classes of goods or services.

(3)The provisions of Article 40, paragraphs (3) through (5) apply mutatis mutandis to the preceding two paragraphs.

Article 65-8(1)A registration fee under Article 65-7, paragraph (1) must be paid within 30 days from the service of a transcript of the examiner's decision or trial or appeal decisions to the effect that a defensive mark is to be registered.

(2)A registration fee under Article 65-7, paragraph (2) must be paid within 30 days from the service of a transcript of the examiner's decision or the trial or appeal decisions to the effect that the renewal of the right based on defensive mark registration is to be registered (where the service is made prior to the expiration of the right based on defensive mark registration, the date of expiration).

(3)The Commissioner of the Patent Office may extend the period of time provided in the preceding two paragraphs by a maximum of 30 days upon the request of a person who is required to pay the registration fee.

(4)Where a person required to pay a registration fee is unable to pay the registration fee within the time limit under paragraph (1) or (2) (where the time limit under the preceding paragraph is extended, the extended time limit), that person may, in accordance with Order of the Ministry of Economy, Trade and Industry, pay that registration fee only within the time limit as provided by Order of the Ministry of Economy, Trade and Industry, even after the expiration of the time limit.

(5)Where, due to reasons beyond their control, the person paying a registration fee is unable to pay the registration fee within the time limit provided in the preceding paragraph, that person may, notwithstanding that paragraph, pay the registration fee within 14 days (two months for overseas residents) from the date on which the reasons for not paying ceased to be applicable, but not later than six months after the expiration of that time limit.

Article 65-9(1)Any interested person may make the payment of the registration fee under Article 65-7 (1) or (2) even against the intention of the person by whom that fee is to be paid.

(2)The interested person who makes the payment of the registration fee under the preceding paragraph may request the person who was to make that payment to reimburse the payment expenses to the extent that person receives actual benefits therefrom.

Article 65-10(1)A registration fee under Article 65-7 (1) or (2) paid in excess or in error must be refunded upon the request of the person that paid them.

(2)No refund of a registration fee may be requested under the preceding paragraph after one year has passed since the date of payment.

(3)Where a person making a request for a registration fee refund as prescribed in paragraph (1) is unable to make the request within the period prescribed in the preceding paragraph due to reasons beyond their control, that person may make a request within 14 days (within 2 months for overseas residents) from the date the reason beyond their control ceased to be applicable, but no later than 6 months after the aforementioned one-year period has passed, notwithstanding the provisions of paragraph (1).

Article 66(1)A right based on a defensive mark registration is expired when the trademark right relating thereto is divided.

(2)When a trademark right is transferred, the right based on defensive mark registration must be transferred with the trademark right relating thereto.

(3)When a trademark right becomes expired, the right based on a defensive mark registration relating thereto is also expired.

(4)Where a trademark right is deemed to have been expired under Article 20, paragraph (4), the effects of the right based on defensive mark registration pertaining to the trademark right restored under Article 21, paragraph (2) may not extend to the acts provided in each of the items of Article 67 committed during the period after the expiration of the time limit for the filing of an application for registration of renewal provided in Article 20, paragraph (3) but before the registration of renewal of the trademark right by an application under Article 21, paragraph (1).

(5)Where a trademark right is deemed to have been extinguished under Article 41-2 paragraph (6), the right based on defensive mark registration pertaining to the trademark right restored under Article 41-3 paragraph (2) is not effective against the acts provided in each of the items of Article 67 conducted after the expiration of the time limit for making late payment of a second-installment registration fee but before the registration to the effect that the trademark right is deemed to have been existed under Article 41-3,paragraph (2) is made, pursuant to Article 41-2, paragraph(5).

(6)The provisions of the preceding paragraph applies mutatis mutandis to the effects of the right based on defensive mark registration pertaining to the trademark right restored under Article 41-3, paragraph (2) as applied mutatis mutandis pursuant to Article 41-3, paragraph (3).

Article 67The following acts are deemed to constitute infringement of a trademark right or an exclusive right to use:

Article 68(1)The provisions of Article 5, Article 5-2, Article 6, paragraph (1), Article 6, paragraph (2), Articles 9-2 through 10, Article 12-2, Article 13, paragraph (1), and Article 13-2 apply mutatis mutandis to an application for defensive mark registration.In this case, the term "(iii) the designated goods or designated services and the class of the goods or services provided by Cabinet Order as provided for in Article 6, paragraph (2)" in Article 5, paragraph (1) is deemed to be replaced with "(iii) the designated goods or designated services and the class of the goods or services provided by Cabinet Order as provided for in Article 6, paragraph (2), (iv) the registration number of the trademark registration pertaining to the application for defensive mark registration," the term "(iv) the designated goods or designated services are not stated" in Article 5-2, paragraph, (1) is deemed to be replaced with "(iv) the designated goods or designated services are not stated, (v) the registration number of the trademark registration pertaining to the application for defensive mark registration is not stated" and the term "Article 37" in Article 13-2, paragraph (5) is deemed to be replaced with "Article 67 (except the part pertaining to item (i))."

(2)The provisions of Articles 14 through 15-2 and 16 through 17-2 apply mutatis mutandis to the examination proceedings of an application for defensive mark registration.In this case, the term "Article 3, Article 4, paragraph (1), Article 7-2, paragraph (1) Article, 8, paragraph (2) and (5), Article 51, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to Article 52-2, paragraph (2)), Article 53, paragraph (2)" in Article 15 item (i) is deemed to be replaced with "Article 64", and the term "Article 5,paragraph (5), or Article 6, paragraph (1) or (2)" in Article 15, item (iii) is deemed to be replaced with "Article 6, paragraph (1) or (2)."

(3)The provisions of Article 18, Articles 26 through 28-2, Articles 32 through 33-3, Article 35, Article 38-2 and Article 69 of this Act and Article 104-3, paragraphs (1)and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 39 of this Act apply to a right based on defensive mark registration.In this case, the term "the registration fee under Article 40, paragraph (1) or the registration fee due and payable within thirty days from the date of service of a transcript of the examiner's decision or trial or appeal decisions to the effect that the trademark is to be registered pursuant to Article 41-2, paragraph (1)" in Article 18, paragraph (2) is deemed to be replaced with "the registration fee under Article 65-7 (1)."

(4)The provisions of Article 43-2 (except item (iii)) to Article 45, Article 46 (except paragraph (1) items (iii) and (vii)), Article 46-2, Article 53-2, Article 53-3, Article 54, paragraph (1) and Articles 55-2 through 56-2 apply mutatis mutandis to an opposition to registration and trial pertaining to defensive mark registration.In this case, the term "Article 3, Article 4, paragraph (1), Article 7-2, paragraph (1), Article 8, paragraphs (1), (2) and (5), Article 51, paragraph(2) (including cases where it is applied mutatis mutandis pursuant to Article 52-2, paragraph (2)), and Article 53 paragraph(2)" in Article 43-2, item (i) Article 46, paragraph (1), item (i) is deemed to be replaced with "Article 64" and the term "where ... the registered trademark has become a trademark that falls under any of Article 4, paragraph (1), items (i) through (iii), (v), and(vii),or 4, paragraph (1), item (xvi)" in Article 46, paragraph (1), item (vi) is deemed to be replaced with "where ... the trademark registration becomes in violation of Article 64."

(5)The provisions of the preceding Chapter shall apply to a retrial and litigation pertaining to defensive mark registration.In this case, the term "each of the items in Article 37" in Article 59, item (ii) is deemed to be replaced with " Article 67, items (ii) through (vii)," the term "a trademark right pertaining to ... trademark registration" in Article 60 is deemed to be replaced with "a right based on defensive mark registration in connection with ... defensive mark registration," the term "an application for trademark registration" in the same article is deemed to be replaced with "an application for the registration of a defensive mark or an application for the registration of a defensive mark or an application for registration of renewal of a right based on defensive mark registration," the term "the establishment of a trademark right ... has been registered" in the same article is deemed to be replaced with "the establishment of a right based on defensive mark registration or the renewal of a right based on defensive mark registration ... has been registered" and the term "the registered trademark or a trademark similar thereto ... in connection with the designated goods or designated services or in connection with goods or services similar thereto" in the same article is deemed to be replaced with "a trademark identical with the registered defensive mark."

Article 68-40(1)The person undertaking a procedure before the Patent Office with regard to an application for trademark registration, an application for defensive mark registration, any requests or any other procedures relating to trademark registration or defensive mark registration, may make amendments relating thereto only when the case is pending in examination proceedings, examination proceedings on opposition to registration, trials and appeals or retrials.

(2)Notwithstanding the preceding paragraph, a person who has applied for trademark registration may, at the time of payment of the registration fee under Article 40, paragraph (1) or Article 41-2, paragraph (1), make amendments to reduce the number of classes of goods or services pertaining to the application for trademark registration.

Article 69For the purpose of the application of Article 13-2, paragraph (4) (including where it is applied mutatis mutandis pursuant to Article 68, paragraph (1)),Article 20, paragraph (4) and Article 33, paragraph (1) of this Act, Article 97, paragraph (1) or Article 98, paragraph (1), item (i) of the Patent Act as applied mutatis mutandis pursuant to Article 35 of this Act, Article 43-3, paragraph (3), Article 46, paragraph (3), Article 46-2 or 54 of this Act, Article 132, paragraph (1) of the Patent Act as respectively applied mutatis mutandis pursuant to Article 56, paragraph (1) of this Act or Article 174, paragraph(3) of the Patent Act as applied mutatis mutandis pursuant to Article 61 of this Act, Article 59 or 60, Article 71,paragraph (1), item (i) or Article 75, paragraph (2), item (iv) of this Act, to the trademark registration or trademark right covering two or more designated goods or designated services, the trademark is deemed to have been registered or the trademark right is deemed to exist, for each of the designated goods or designated services.

Article 70(1)The term "registered trademark" as used in Article 25, Article 29, Article 30, paragraph (2), Article 31, paragraph (2), Article 31-2, paragraph (1), Article 34, paragraph (1), Article 38, paragraph (3) or (4)), Article 50, Article 52-2, paragraph (1), Article 59,item (i), Article 64, Article 73 or 74 includes trademarks similar to the registered trademark that would be regarded as being identical with the registered trademark if they were in the same colors as the registered trademark.

(2)The term "registered defensive mark" as used in Article 4, paragraph (1), item (xii) or Article 67 include marks similar to the registered defensive mark that would be regarded as being identical with the registered defensive mark if they were in the same colors as the registered defensive mark.

(3)The term "trademark similar to the registered trademark" as used in Article 37, item (i) or 51, paragraph (1) does not include any trademark similar to the registered trademark that would be regarded as being identical with the registered trademark if they were in the same colors as the registered trademark.

(4)The preceding three paragraphs do not apply to a trademark that consists solely of colors.

Article 71(1)The following particulars are registered in the trademark register, kept in the Patent Office:

(2)The trademark register may be prepared, in whole or in part, in the form of magnetic tapes (including other storage media of a similar format that can record or reliably store certain information; the same applies hereinafter).

(3)Beyond those provided in this act, particulars relating to the registration must be provided by Cabinet Order.

Article 71-2(1)Upon registration of the establishment of a trademark right or upon registration of the establishment of rights based on defensive mark registration, the Commissioner of the Patent Office must issue a certificate of trademark registration or defensive mark registration to the holder of trademark right.

(2)The re-issuance of a certificate of trademark registration or defensive mark registration must be provided by Order of the Ministry of Economy, Trade and Industry.

Article 72(1)Any person may file a request with regard to trademark registration or defensive mark registration to the Commissioner of the Patent Office to issue a certificate, a transcript of documents or an extract of documents, to allow the inspection or copying of documents or materials under Article 5 paragraph (4), or to issue documents stored on the magnetic tapes that constitute a part of the trademark register; provided, however, that if the Commissioner of the Patent Office considers it necessary to keep these documents or materialsconfidential, these provisions do not apply in the case of the following documents:

(2)Where the Commissioner of the Patent Office approves of the request under the main clause of the preceding paragraph with regard to the documents as provided in item (i) through (iii) of the same paragraph, the Commissioner of the Patent Office notifies the person who submitted those documents thereof and reasons therefor.

(3)Provisions of the Act Concerning Access to Information Held by Administrative Organs (Act No. 42 of 1999) do not apply to the documents concerning trademark registration or defensive mark registration and the part of the trademark register stored on magnetic tapes.

(4)Provisions in Chapter 4 of the Act Concerning Protection of Personal Information Possessed by Administrative Organs (Act No. 58 of 2003) do not apply to the possessed personal information (referring to the possessed personal information as provided in Article 2, paragraph (5) of that Act) recorded in the documents concerning trademark registration or defensive mark registration and the part of the trademark register stored on magnetic tapes.

Article 73When the holder of trademark right, exclusive right to use or non-exclusive right to use affixes the registered trademark to the designated goods, packaging of the designated goods or articles to be used for the provision of the designated services, or affixes, in the provision of the designated services, the registered trademark to the goods pertaining to the provision of the designated services that belong to the person receiving the designated services pursuant to the provisions of Order of the Ministry of Economy, Trade and Industry, they must make efforts to affix to the trademark an indication (hereinafter referred to as an "indication of trademark registration") stating that the trademark is a registered trademark.

Article 74It is prohibited for any person conduct the following acts:

Article 75(1)The Patent Office publishes the trademark bulletin

(2)Beyond the particulars provided in this Act, the trademark bulletin must contain the following:

Article 76(1)Fees must be paid by the following persons in an amount to be provided by Cabinet Order in view of the actual costs:

(2)The persons listed in the center column of the attached table must pay fees in the amount as provided by Cabinet Order within the range of the amounts specified in the corresponding right-hand column of the table.

(3)The preceding two paragraphs do not apply where the person to pay the fee in accordance with these paragraphs is the national government.

(4)Where the national government has co-ownership of a trademark right, a right deriving from an application for trademark registration or a right based on an application for defensive mark registration with a person other than the national government, and the portion of their respective shares of that right has been agreed, notwithstanding the provisions of paragraph (1) or (2), the fees payable thereunder (limited to those provided by Cabinet Order) must be determined as the sum of the provided fees multiplied by the ratios of the share of each person other than the national government, and, the persons other than the national government must pay the sum.

(5)Where of the fees calculated under the preceding paragraph has a fractional figure of less than ten yen, those portion must be discarded.

(6)The payment of the fees under paragraph (1) or (2) must be made by patent revenue stamps as provided by Order of the Ministry of Economy, Trade and Industry; provided, however, that where so provided by Order of the Ministry of Economy, Trade and Industry, a cash payment thereof must be accepted.

(7)Fees paid in excess or in error must be refunded upon the request of the person who made payment thereof.

(8)No request for a refund of the fees under the preceding paragraph may be filed after one year from the date on which the payment thereof has been made.

(9)When, due to reasons beyond their control, the person filing a request for a refund a registration fee is unable to file the request within the time limit provided in paragraph (7), that person may, notwithstanding this paragraph, file the request within 14 days (two months for overseas residents) from the date on which the reasons for not filing ceased to be applicable, but not later than six months after the expiration of that time limit.

Article 77(1)The provisions of Articles 3 through 5 (time periods and dates) of the Patent Act apply mutatis mutandis to time periods and dates provided in this Act.In this case, the term "Article 121, paragraph (1)" of Article 4 of the Patent Act is deemed to be replaced with "Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act."

(2)Articles 6 through 9, Articles 11 through 16, Article 17, paragraph (3) and Article 17,paragraph (4), Articles 18 through 24 and Article 194 (procedures) of the Patent Act applies mutatis mutandis to an application for trademark registration, an application for defensive mark registration, any petitions or any other procedures pertaining to trademark registration or defensive mark registration.In this case, the portion "appeal against an examiner's decision of refusal" in Article 9 of the Patent Act is deemed to be replaced with "appeal under Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act," the portion "appeal against an examiner's decision of refusal" in Article 14 of the Patent Act is deemed to be replaced with "appeal under Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act," the portion "(ii) where the procedures do not comply with the formal requirements provided by this Act or an order thereunder" in Article 17, paragraph (3) of the Patent Act is deemed to be replaced with "(ii) where the procedures do not comply with the formal requirements provided by this Act or an order thereunder; (ii)-2 where, pertaining to the procedures, the registration fee under Article 40 paragraph (2) of the Trademark Act or the registration fee (including the registration surcharge due and payable pursuant to Article 43 paragraph (1) or (2) of the Trademark Act) payable at the time of application for registration of renewal pursuant to Article 41-2, paragraph (7) of the Trademark Act is not paid," the portion "any of the items in Article 38-2, paragraph (1)" in Article 18-2, paragraph (1) of the Patent Act is deemed to be replaced with "any of the items in Article 5-2, paragraph (1) of the Trademark Act (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (1) of the Trademark Act))."

(3)The provisions of Article 25 (enjoyment of rights by foreign nationals) of the Patent Act apply mutatis mutandis to a trademark right and other rights relating to the trademark registration.

(4)The provisions of Article 26 (effect of treaties) of the Patent Act apply mutatis mutandis to the trademark registration and defensive mark registration.

(5)The provisions of Articles 189 through 192 (Service) of the Patent Act apply mutatis mutandis to service provided in this Act.

(6)The provisions of Article 195-3 of the Patent Act apply mutatis mutandis to dispositions under this Act or under an order based on this Act.

(7)Article 195-4 (Restriction on request for review under provisions of Administrative Complaint Review Act) of the Patent Act shall apply mutatis mutandis to an examiner's decision, a ruling to dismiss an amendment, a rescission decision, appeal/trial decision, a ruling to dismiss a written opposition, a ruling to dismiss a written request for appeal/trial or retrial under this Act and to a disposition against which no appeal lies in accordance with this actor inaction thereof.

Article 77-2When an order is established, revised or abolished pursuant to this Act, transitional measures (including transitional measures relating to penal provisions) to the extent deemed reasonably necessary for the establishment, revision or abolishment may be provided by that order.

Article 78An infringer of a trademark right or an exclusive right to use (excluding one who has committed an act that is deemed to constitute infringement of a trademark right or an exclusive right to use under Article 37 or Article 67) is subject to punishment by imprisonment for a term not exceeding ten years or a fine not exceeding 10,000,000 yen or both.

Article 78-2Any person who has committed an act that is deemed to constitute infringement of a trademark right or an exclusive right to use under Article 37 or Article 67 is subject to punishment by imprisonment for a term not exceeding five years or a fine not exceeding 5,000,000 yen or both.

Article 79Any person who has obtained a trademark registration, defensive mark registration, registration of renewal of trademark right or right based on defensive mark registration, decision on opposition to registration or trial decision by means of a fraudulent act is subject to punishment by imprisonment with work for a term not exceeding three years or a fine not exceeding 3,000,000 yen.

Article 80Any person who fails to comply with Article 74 is subject to punishment by imprisonment for a term not exceeding three years or a fine not exceeding 3,000,000 yen.

Article 81(1)A witness, an expert witness or an interpreter who has taken an oath under this Act and made a false statement or given a false expert opinion or a false interpretation before the Patent Office or a court commissioned thereby, is subject to punishment by imprisonment for a term of between three months and ten years.

(2)When a person who has committed the offense in the preceding paragraph has made a voluntary confession before a transcript of the judgment on the case has been served, or a decision on an opposition to registration or trial decision has become final and binding, the punishment may be reduced or waived

Article 81-2(1)Any person who fails to comply with an order pursuant to Article 105-4, paragraph (1) (including cases where it is applied mutatis mutandis pursuant to Article 13-2, paragraph (5)) of the Patent Act as applied mutatis mutandis pursuant to Article 39 of this Act is subject to imprisonment for a term not exceeding five years or a fine not exceeding 5,000,000 yen or both.

(2)The prosecution of the crime under the preceding paragraph may not be instituted unless a complaint is filed.

(3)The crime under paragraph (1) applies to a person who commits the crime under that paragraph while outside Japan.

Article 82(1)When a representative of a corporation or an agent, employee or other staff member of a corporation or an individual has committed, in the course of performing social activities for the corporation or individual, any act in violation of the provisions prescribed in the following items, beyond the offender, the corporation is subject to punishment by a fine as provided in the corresponding items and the individual is subject to punishment by a fine as provided in each article prescribed in the following items:

(2)In the case of the preceding paragraph, a complaint under Article 81-2, paragraph (2) against the offender also has effect on the corporation or individual and a complaint against the corporation or individual also has effect on the offender.

(3)When a fine is imposed on a judicial person or individual pursuant to paragraph (1) with regard to a violation of Article 78, Article 78-2 or 81-2, paragraph (1), the period of prescription is governed by the same rules as for crimes in the provisions thereof.

Article 83When a person who has taken an oath under Article 207, paragraph (1) of the Code of Civil Procedure as applied mutatis mutandis pursuant to Article 151 of the Patent Act as applied mutatis mutandis pursuant to Article 71, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 28, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (3) of this Act) of this Act, Article 43-8 (including cases where it is applied mutatis mutandis pursuant to Article 60-2, paragraph (1) and 68, paragraph (4) of this Act) or Article 56, paragraph (1) (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (4) of this Act), Article 174, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 61 (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (5) of this Act), Article 58, paragraph (2) of the Design Act as applied mutatis mutandis pursuant to Article 62, paragraph (1) (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (5) of this Act), or Article 58, paragraph (3) of the Design Act as applied mutatis mutandis pursuant to Article 62, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to Article 68, paragraph (5) of this Act) has made a false statement before the Patent Office or a court commissioned thereby, that person is subject to a non-criminal fine not exceeding 100,000 yen.

Article 84A person who has been summoned by the Patent Office or a court commissioned thereby in accordance with this Act and fails to appear or refuses to take an oath, make a statement, testify, give an expert opinion or interpret without just cause is subject to a non-criminal fine not exceeding 100,000yen.

Article 85A person who has been ordered by the Patent Office or a court commissioned thereby to submit or present documents or other materials for the purpose of examination or preservation of evidence in accordance with this Act, and fails to comply with the order without a just cause is subject to a non-criminal fine not exceeding 100,000yen.