Article 1The purpose of this Act is to ensure that the business of a person who uses a trademark can maintain credibility, as a result, contributing to industry development and protecting the interests of consumers, through the protection of trademarks.

Article 2(1)In this Act, "trademark" means any character, figure, symbol, three-dimensional shape or color, or any combination of these, sounds, or anything else specified by Cabinet Order (hereinafter referred to as a "mark") that is recognizable to human perception, and stated in the following which is :

(2)The service, referred to in item (ii) of the preceding paragraph, includes the provision of benefits to customers in retail and wholesale business.

(3)In this Act, "use" with respect to a mark, refers to any of the following actions:

(4)In the case of a mark listed in the following items, affixing a mark to goods or other items provided for in the preceding paragraph is to include each as stated below:

(5)In this Act, "registered trademark" means a trademark that has been registered.

(6)In this Act, the scope of what is considered similar to goods is to include services, and the scope of what is considered similar to services is to include goods.

(7)In this Act, the act of importing includes the act through which a person in a foreign country has another person bring an item from the foreign country into Japan.

Article 3(1)Any trademark used in relation to goods or services related to an applicant's business 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 related to a business of a particular person.

Article 4(1)Notwithstanding the preceding Article, a trademark may not be registered if the trademark:

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

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

(4)Even if the trademark falls under paragraph (1), item (xi), if the applicant for trademark registration has obtained the consent of another person, as specified in that item (xi), to obtain trademark registration, and the applicant's goods and services are unlikely to cause confusion with the goods or services related to the business of the holder of trademark right, the exclusive trademark license, or the non-exclusive trademark license related to the other person's registered trademark, the provisions of that item do not apply.

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 which must state the following:

(2)If a person desires to register any of the following trademarks, then it must be indicated in a statement on the application:

(3)If 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"), then it must be indicated in a statement on the application.

(4)If a person desires to register any trademark provided by Order of the Ministry of Economy, Trade and Industry, then 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 attach 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 registration is sought.

(6)Where a portion of the trademark for which 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 certify the filing date of an application for trademark registration as the application date, unless the application for trademark registration falls under any of the following items:

(2)If an application for trademark registration falls under any of the items of the preceding paragraph, then the Commissioner of the Patent Office must order the person registering the trademark to supplement the application, and designate a reasonable time period 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)If an applicant who has been required to supplement an application for trademark registration under paragraph (2) supplements that application within the designated period as provided for in that paragraph, then 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)If an applicant who has been required to supplement an application for trademark registration under paragraph (2) fails to supplement that application within the designated period as provided for in that paragraph, then 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 which the trademark is to be used.

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

(3)The classification of goods and services provided for in the preceding paragraph does not determine the scope of similarities of goods or services.

Article 7(1)A general incorporated association or other association (excluding those without corporate status and companies), or business cooperative or other association established pursuant to a special Act (excluding those without corporate status), or a foreign corporation equivalent to these, is entitled to obtain a collective trademark registration for the trademark to be used by its members.

(2)To apply Article 3, paragraph (1) in the case of the preceding paragraph, the term "applicant" in that paragraph is to be replaced with "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)Notwithstanding Article 3, (except in cases falling under Article 3, paragraph (1), item (i) or (ii)), any association established under special Act, including a business cooperative (excluding those without corporate status, and limited to those established by special Act providing, without just cause, that the association must not refuse to admit any person who is eligible to become a member, or impose conditions any prospective member that are greater than those imposed on its existing members when they joined), a commercial and industrial association, the chamber of commerce and industry 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 to those (hereinafter referred to as an "association, etc.") is entitled to obtain a regional collective trademark registration with respect to any of the following, provided that the trademark is used by its members and, as a result of its use, that trademark be well-known among consumers as indicating the goods or services related to the business of the applicant or its members:

(2)The term "name of the region" as used in the preceding paragraph means the name of the place of origin of the goods, the location of provision of services for which the trademark that is being filed has been used by the applicant or its members since before the filing of the application for trademark registration, or the name or abbreviation of the region which is considered to be closely related with those goods or services to that same extent.

(3)The provisions of Article 3, paragraph (1) (limited to the part related to items (i) and (ii)) in the case of paragraph (1), the term "applicant" in the paragraph is to be replaced with "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 that is being registered contains the name of a region as provided in paragraph (2).

Article 8(1)If two or more applications for trademark registration for identical or similar trademarks which are to be used in relation to identical or similar goods or services have been filed on different dates, then only the applicant who filed on the earlier date is entitled to register that trademark. However, if an applicant who has applied for trademark registration on a later date (hereinafter referred to as the "later applicant" in this paragraph) has obtained the consent of the applicant who has applied for trademark registration on an earlier date to obtain trademark registration (When there are multiple applicants for this trademark application, those multiple applicants for trademark registration, will be hereinafter referred to as the "prior applicant" in this paragraph and paragraph (6).), and it is not likely to cause confusion between the goods or services in which the later applicant uses the trademark and the goods or services in which the prior applicant uses the trademark (if that trademark is registered, the goods or services related to the business of the holder of trademark right, the exclusive trademark licensee, or the non-exclusive trademark licensee related to the registered trademark), then the later applicant can also obtain the trademark registration for that trademark.

(2)If two or more applications for trademark registration for identical or similar trademarks which are to be used in relation to identical or similar goods or services have been filed on the same date, then only one applicant, who is to be selected by consultations from among the applicants, is entitled to register the trademark in question. However, in cases where all applicants for trademark registration have mutually agreed to obtain trademark registration and it is not likely to cause confusion between the goods or services using the respective trademarks, all applicants for trademark registration can obtain trademark registration for the respective trademarks.

(3)If an application for trademark registration is abandoned, withdrawn or dismissed, or an examiner's decision or a trial decision on an application for trademark registration becomes final and binding, then 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 in the main clause of paragraph (2), the Commissioner of the Patent Office must require the applicants for trademark registration to arrange consultations as stated in the main clause of the paragraph and to report those results, designating a reasonable period for doing so.

(5)If no agreement is reached in the consultations held pursuant to the main clause of paragraph (2) or no report is submitted within the designated period set in the preceding paragraph (except as provided in the proviso to paragraph (2)), then only the first applicant on the list for trademark registration, in an order determined by lottery, in a fair and just manner, conducted by the Commissioner of the Patent Office, is entitled to register the trademark in question. However, in cases where the applicant that the lottery placed later on the list for trademark registration, (hereinafter referred to as the "subsequent applicant" in this paragraph) has obtained the consent of the earlier applicant on the list (when there is more than one applicant for trademark registration, they are hereinafter referred to as the "earlier order applicant" in this and the following paragraph) to obtain the trademark registration, and it is not likely to cause confusion between the goods or services in which the subsequent applicant uses the trademark and the goods or services in which the earlier order applicant uses the trademark (the goods or services related to the business of the holder of trademark right, the exclusive trademark licensee, or the non-exclusive trademark licensee when the relevant trademark is a registered trademark), the subsequent applicant can also obtain the trademark registration for that trademark.

(6)In the case falling under the proviso to paragraph (1) or the proviso to the preceding paragraph, if the trademark of the previous applicant or the earlier order applicant has been registered and the trademark right related to the trademark registration has been transferred, the holder of trademark right related to the trademark registration is deemed to be the previous applicant or the applicant with first priority, and these provisions is to be applied.

Article 9(1)If a trademark is used in relation to goods or services exhibited at an exhibition held by the government, etc., at an exhibition held by those other than the government, etc. that conforms to the standards specified by the Commissioner of the Patent Office, or at an international exhibition held within the territory of a country affiliated with the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty or by those authorized to do so, or at an international exhibition held within the territory of a country which in neither a country affiliated to the Paris Convention, a member of the World Trade Organization nor a Contracting Party to the Trademark Law Treaty or by those authorized to do so, and conforms to the standards specified by the Commissioner of the Patent Office, and the exhibitor of the goods or services bearing the trademark has filed an application for trademark registration of the goods and services as designated goods and services within six months from the date of exhibition, then that application is deemed to have been filed at the time of exhibition of the goods or services.

(2)Any person who intends to apply the provisions of the preceding paragraph to a trademark related to an application for trademark registration must submit a document stating so to the Commissioner of the Patent Office at the same time as the filing the application, and submit documents certifying the trademark related to the application for trademark registration and its designated goods or 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 the application for trademark registration.

(3)If a person submitting a certificate is unable to submit the certificate within the period prescribed in the preceding paragraph, then 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 period as provided in Order of Ministry of Economy, Trade and Industry, even after the expiration of the period.

(4)If a person submitting a certificate is unable to submit the certificate within the period permitted under the provisions of the preceding paragraph due to reasons beyond their control, notwithstanding the provisions of the same 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 cease to be applicable, but no later than six months after the expiration of that period.

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

Article 9-3Priority may be claimed in relation to an application for trademark registration in accordance with Article 4 of the Paris Convention 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.

Article 9-4If an amendment made to the designated goods or to the designated services stated in the application or to the trademark for which registration is sought is found to alter the outline to any of those, after the registration of the establishment of the trademark right, then the application for trademark registration is deemed to have been filed when the amendment is submitted.

Article 10(1)An applicant for trademark registration may file one or more new applications for trademark registration 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 is pending in an examination, trial or appeal, or retrial or that an appeal against a decision to refuse the application is pending in court, and the fees payable under Article 76, paragraph (2) for the application for trademark registration has been paid.

(2)In the case of the preceding paragraph, the new application for trademark registration is to have been filed at the time of the original application for trademark registration; provided, however, that this does not apply to the application of the provisions 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 in Article 13, paragraph (1) (including cases where these provisions apply mutatis mutandis pursuant under Article 43-3, paragraph (3) of the same Act as applied mutatis mutandis under Article 13, paragraph (1)).

(3)If a new application for trademark registration is filed as provided in paragraph (1), written statements or documents submitted in relation to the original application for trademark registration (in cases where the document is submitted pursuant to the provisions of Article 43, paragraph (2) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1) (including as applied mutatis mutandis pursuant to Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1)), including written statements or documents provided by electronic or magnetic means) which must be submitted in relation to the new application for trademark registration pursuant to Articles 43, paragraphs (1) and (2) of the Patent Act as applied mutatis mutandis pursuant to Article 9, paragraph (2) or Article 13, paragraph (1) of this Act (including the cases where these provisions are applied mutatis mutandis under Article 43-3, paragraph (3) of the Patent Act as applied mutatis mutandis pursuant to Article 13, paragraph (1)) are deemed to have been submitted to the Commissioner of the Patent Office at the same time as the filing of the new application for trademark registration.

Article 11(1)An applicant for trademark registration may convert an application for registration for trademark registration of a collective trademark into a regular application for trademark registration (This refers 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 regional 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 regional collective trademark.

(4)No conversion of an application for trademark registration pursuant to the preceding three paragraphs may be made after an examiner's decision or a trial decision on the application for trademark registration becomes final and binding.

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

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

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

(2)No conversion of an application under the provisions of the preceding paragraph may be made after an examiner's decision or a trial decision on the application for a defensive mark registration becomes final and binding.

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

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

(2)The publication of a trademark application is made by publishing the following matters in the trademark gazette; provided, however, that this does not apply to matters listed in items (iii) and (iv) above, if the Commissioner of the Patent Office finds that publishing those particulars in the trademark gazette 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 phrase "within the period specified by Order of the Ministry of Economy, Trade and Industry" in Article 43, paragraph (1) of that Act is to be replaced with "at the time of filing of the application for trademark registration", "the description, patent claims or utility model registration claims, and drawings" in paragraph (2) of that Article is 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 to be replaced with "three months from the filing date of an application for trademark registration"; "a person who has received a notice prescribed in the preceding paragraph" in paragraph (7) of that Article is to be replaced with "a person who submits the priority certificate, etc. is unable to submit the priority certificate, etc. within the period specified in paragraph (2), even after the expiration of that period", "the priority certificate, etc. or the document specified in paragraph (5)" in paragraph(7) of that Article is to be replaced with "the priority certificate, etc. as specified by Order of the Ministry of Economy, Trade and Industry"; "a person that has received a notice provided under paragraph (6)" in paragraph(8) of that Article is to be replaced with "a person who submits the priority certificate, etc.", "the priority certificate, etc. or the document specified in paragraph (5) within the period specified in the preceding paragraph" in paragraph (8) of that Article is to be replaced with "the priority certificate, etc. within the period specified by Order of the Ministry of Economy, Trade and Industry in the preceding paragraph", "the preceding paragraph" in paragraph(8) of that Article is to be replaced with "that paragraph"; "the priority certificate, etc. or the document" is to be replaced with "the priority certificate, etc."; "the priority certificate, etc. or the document specified in paragraph (5)" in paragraph (9) of that Article is to be replaced with "the priority certificate, etc."; "or a member state of the World Trade Organization" in Article 43-3, paragraph (2) of that Act is to be replaced with "members of the World Trade Organization or Contracting Parties to the Trademark Law Treaty"; "or the national of a member of the World Trade Organization" in the same paragraph is 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 to be replaced with "Article 43"; and "preceding two paragraphs" in paragraph (3) of that paragraph is 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 arising from an application for trademark registration.

Article 13-2(1)If an applicant for trademark registration has filed an application for trademark registration and then issued a warning by presenting a document stating the contents of the application, then the applicant may claim compensation for an amount equivalent to the business loss incurred due to use from any person who has used the trademark related to the application, for the designated goods or designated services in the application during the period from the warning up to the registration of the establishment of the trademark right.

(2)The right to claim under the provisions of the preceding paragraph may not be exercised until after 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: if an application for trademark registration is abandoned, withdrawn or dismissed; if an examiner's decision or trial decision to refuse an application for trademark registration becomes final and binding; if a ruling to rescind a trademark under Article 43-3, paragraph (2) becomes final and binding; or if, excluding the cases falling under the proviso to Article 46-2, paragraph (1), a trial decision to invalidate a trademark registration 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 105-2-12, 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 exercising of the right to claim under paragraph (1). In this case, if the person with the claim knew of the use of the trademark registration and the person who used it before the registration of the establishment of the trademark right, then the phrase "when the victim or their legal representative comes to know the damage and the identity of the perpetrator" in item (i) of the same Article, is to be replaced with "on the day the trademark right is registered".

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

Article 15If an application for trademark registration falls under any of the following items, then the examiner must make a decision to refuse the application:

Article 15-2If the examiner intends to make a decision to refuse an application, then the examiner must notify the applicant for trademark registration of the reasons for refusal and provide the applicant with an opportunity to submit a written opinion, designating a reasonable period for doing so.

Article 15-3(1)If a trademark related to an application for trademark registration is identical with, or similar to, another person's trademark related to an application for trademark registration filed before the filing date of that application, and if that trademark is used for goods or services identical with, or similar to, the designated goods or designated services related to that other person's trademark, then 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 period for doing so.

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

Article 16If no reason for refusal is found with an application for trademark registration within the period specified by Cabinet Order, then the examiner must make a decision to grant the trademark registration.

Article 16-2(1)If 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 related outline, 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 for doing so.

(3)If a ruling dismissing an amendment under paragraph (1) is made, then the examiner must not make any decision on the applications for trademark registration before the expiration of a three-month period from the date of service of a certified copy of the ruling

(4)If 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), then the examiner must suspend the examination 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 Examiner's Decisions) and Article 54 (Relationship with Litigation) of the Patent Act apply mutatis mutandis to the examination of applications for trademark registration.

Article 17-2(1)The provisions of Article 17-3 (New Application for Amended Design) 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 period 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 trademark publication gazette, 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 relation to two or more designated goods or designated services:

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

(2)If the administrative judges find the trademark registration related to a filing of an opposition to registration falls under any of the items of Article 43-2, they must make a ruling revoking the trademark registration (hereinafter referred to as a "ruling to revoke").

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

(4)If the administrative judges find the trademark registration related to a filing of an opposition to registration does not fall under any of the items of Article 43-2, they must make a ruling maintaining the trademark registration.

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

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

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

(3)The Commissioner of the Japan 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 the panel.

Article 43-5-2(1)The Commissioner of the Japan 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)Proceedings on opposition to registration are to be conducted by documentary proceedings; provided, however, that the chief administrative judge may decide to conduct oral proceedings upon a motion of the holder of trademark right, the registration opponent, or an intervenor, or ex officio .

(2)The provisions of Articles 145, paragraphs (3) through (8), 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)If any grounds for suspension or termination of proceedings are applicable to one of the joint holders of trademark rights for proceedings and ruling on an opposition to registration, that suspension or termination will have effect on all of joint holders of trademark rights.

Article 43-7(1)In proceedings of an opposition to registration, any person who has an interest in the trademark right, including a person who has a right related to the trademark right , may intervene in the proceedings in order to assist the holder of trademark right until a ruling on opposition to registration is made.

(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 proceedings of opposition to registration.

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

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

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

(2)Proceedings consolidated in accordance with the preceding paragraph may later be separated.

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 43-12If a chief administrative judge intends to make a ruling to revoke a trademark registration, the chief administrative judge must notify the holder of trademark right and the intervenor of the reasons for revocation of the trademark registration and give them an opportunity to submit a written opinion, designating a reasonable period.

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

(2)If a ruling has been made, the Commissioner of the Japan Patent Office must serve a certified copy of the ruling to the holder of trademark right, the registration opponent, the intervenor and any person whose request to intervene at the examination on the opposition to registration has been refused.

Article 43-14A ruling on an opposition to registration becomes final and binding for each case of opposition to registration; provided, however, that a ruling on an opposition to registration filed against each 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 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)Any person who has received an examiner's decision that an application is refused, and is dissatisfied with that decision, may file a request for an appeal against the examiner's decision of refusal within three months from the date the certified copy of the examiner's decision was served.

(2)If a person filing a request for an appeal pursuant to the preceding paragraph is unable to file the request within the period as provided in the preceding paragraph due to reasons beyond their control, notwithstanding that paragraph, that person may 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 period.

Article 45(1)Any person who has received a ruling of dismissal of amendments under Article 16-2, paragraph (1) and is dissatisfied with that ruling, may file a request for appeal against the ruling within three months from the date the certified copy of the ruling has been served; provided, however, that this does 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)If a trademark registration falls under any of the following items, a request for a trial for invalidation of the trademark registration may be filed. In this case, if the trademark has been registered in relation to 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 expiration of the trademark right.

(4)If a request for a trial is filed under paragraph (1), the chief administrative judge must notify any person who holds a registered rights with regard to the trademark registration thereof, including a holder of the exclusive right to use trademark, of this.

Article 46-2(1)If a trial decision to invalidate a trademark registration becomes final and binding, the trademark right is deemed to never have existed; provided, however, that if the trademark registration falls under any of items (v) through (vii) of Article 46, paragraph (1) and a trial decision to invalidate a trademark registration becomes final and binding, the trademark right is deemed to never 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, if 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 filing of the request for the invalidation trial of that trademark registration.

Article 47(1)If a trademark registration has been made in violation of Article 3, Article 4, paragraph (1), item (viii), or , items (xi) through (xiv),Article 8, paragraph (1), (2) or (5), or if 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), if a trademark registration has been made in violation of item (xv) of that paragraph (excluding the case where a trademark has been registered for unfair purposes), or if a trademark registration falls under Article 46, paragraph (1), item (iv), a request for a trial related 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)If 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 relation to 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 if the registered trademark is well-known among consumers as that indicating goods and services in relation to the business of the holder of trademark right or its members, a request for a trial related to the trademark registration under Article 46, paragraph (1) may not be filed.

Articles 48 and 49Deleted

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

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

(3)If the registered trademark in relation to the designated goods or designated services related 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 before the filing of the request for a trial under paragraph (1) to the date of the registration of the filing of the request, and if 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)If a holder of trademark right intentionally uses either a trademark similar to a registered trademark in relation to the designated goods or designated services, or a registered trademark in relation to goods or services similar to the designated goods or designated services or a trademark similar to those, in a manner that misleads as to the quality of the goods or services or can be confused with the goods or services related to business of another person, any person may file a request for a trial to rescind 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 to it in relation to the designated goods or designated services for which the trademark registration has been canceled, or in relation to goods or services similar to them, until after a lapse of five years from the date the trial decision to revoke the trademark registration 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)If a trademark right to a similar registered trademark to be used in relation to identical goods or services, or a trademark right to an identical or similar registered trademark to be used in relation to similar goods or services becomes owned by a different holder of trademark right on the grounds stated in the items of Article 24-4, and 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 related to the business of any of the holders of trademark right, exclusive rights to use or non-exclusive rights to use of the other registered trademark, any person may file a request for a trial for rescission 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)If a holder of an exclusive right to use or a non-exclusive right to use uses a registered trademark in relation to the designated goods or designated services or in relation to goods or services similar to them, or a trademark similar to it, in a manner that misleads as to the quality of the goods or services or can be confused with the goods or services related 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 to it in relation to the designated goods or designated services for which the trademark registration has been rescinded, or in relation to goods or services similar to them, until after the lapse of five years from the date the trial decision to rescind the trademark registration under the preceding paragraph becomes final and binding.

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

Article 53-2If a registered trademark is a trademark related to a right to a trademark (limited to a right equivalent to a trademark right) held by a person in a Country of the Union to the Paris Convention, a member state of the World Trade Organization or a Contracting Party to the Trademark Law Treaty or a trademark similar to it, and the designated goods or designated services of it are goods or services related to those right or goods or services similar to them, and further, the application for trademark registration was filed without the approval of the person who has the right related to the trademark, without just cause, by their agent or representative or by their former agent or representative within one year before the filing date of the trademark registration, then the person who has the right related 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)If a trial decision to rescind the trademark registration becomes final and binding, the trademark right will be lapsed after that.

(2)Notwithstanding the preceding paragraph, if a trial decision to rescind the trademark registration becomes final and binding by a trial under Article 50, paragraph (1), the trademark right is deemed to have lapsed 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 the provisions do not apply where a decision to carry out further examinations on an appeal 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.

(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 to be replaced with "thirty days" and the phrase "files a request for an appeal under Article 45, paragraph (1)" in Article 16-2, paragraph (4) is to be replaced with "institutes an action under Article 63, paragraph (1)".

Article 55-3Trial and appeal decisions 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 good or designated service becomes final and binding for each designated good or designated service.

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 appeal, administrative judge, trial or appeal procedures, relation to litigation, and cost of trial or appeal) of the Patent Act apply mutatis mutandis to trial or appeal. In this case, the term "the grounds for the request stated in paragraph (1), item (iii) of the preceding Article in the course of filing a request for a trial or appeal other than a trial for patent invalidation" in Article 131-2, paragraph (1), item(i) of the Patent Act is to be replaced with "the grounds for the request stated 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 a trial and appeal other than a trial under Article 46, paragraph (1) of the Trademark Act", the term "trial for patent invalidation or a trial for patent invalidation concerning the registration of a patent term extension " in Articles 132, paragraph (1) and 167 of the Patent Act and the term "trial for patent invalidation and a trial for patent invalidation concerning the registration of a patent term extension in Articles 145, paragraph (1) and 169, paragraph (1) of the Patent Act are 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, the phrase, "when a case...in a trial other than a trial for patent invalidation" in Article 156, paragraph (1) of the Patent Act is to be replaced with "when a case...", the terms "appeal against an examiner's decision of refusal" in Article 161 of the Patent Act and "appeal against an examiner's decision of refusal or a trial for correction" in Article 169, paragraph (3) of the Patent Act are to be replaced with "appeals under Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act".

(2)The provision of Article 155, paragraph (3) (withdrawal of a request for trial) 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 intervenor in a case may file a request for a retrial or reappeals against a final and binding ruling to revoke 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 or reappeal under the preceding paragraph.

Article 58(1)If the demandant of trials in conspiracy with the demandee has had a trial decision made 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 decisions.

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

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

Article 60(1)If a trademark right related to a revoked, invalidated, or rescinded trademark registration has been restored by a retrial or reappeal or, if the establishment of a trademark right with respect to an application for trademark registration refused by an appeal decision has been registered through a reappeal, and if a person, after the ruling to revoke or trial decision becomes final and binding but before the registration of a request for a retrial or reappeal, uses the registered trademark or a trademark similar to it in Japan in good faith in relation to the designated goods or designated services or in relation to goods or services similar to them, and as a result, the trademark has become well-known among consumers as that indicating goods or services related to the business of the person at the time of registration of the filing of a request for a retrial or reappeal, then the person has the right to use the trademark in relation to the goods or services as far as the 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 revoke.

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

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

(4)The provisions of Article 55-3 apply mutatis mutandis to a retrial against a final and binding decision on trial 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 or reappeal) and Article 174, paragraphs (3) and (5) (Application mutatis mutandis of provisions regarding trials) of the Patent Act apply mutatis mutandis to a request for a retrial or reappeal. In this case, the term "Articles 167 through 168" in paragraph (3) of Article 174 is to be replaced with "Article 167, Article 168", the term "trial for patent invalidation or a trial for invalidation concerning the registration of a patent term extension" in that paragraph is 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 62(1)The provision of Article 58, paragraph (2) (mutatis mutandis application of provisions of trials and appeals) of the Design Act applies mutatis mutandis to a reappeal against a final and binding decision on appeal 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 to be replaced with "Article 168".

(2)The provisions of Article 58, paragraph (3) of the Design Act apply mutatis mutandis to a reappeal against a final and binding decision on appeal 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 to be replaced with "Article 168".

Article 63(1)The Tokyo High Court has exclusive jurisdiction over any action against a ruling to revoke or trial or appeal decision, actions 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 actions 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) (statute of limitations for filing an action, etc.), Articles 179 through 182 (The Proper Defendant; Notice of the Filing of Action, Opinion of the Commissioner of the Japan Patent Office in Litigation Rescinding a Decision on a Trial or Appeal; Rescission of a Decision on a Trial or Appeal, or Ruling; and Sending of the Original of the Judicial Decision) of the Patent Act apply mutatis mutandis to the actions under the preceding paragraph. In this case, the term "trial for patent invalidation, or a trial for invalidation concerning the registration of a patent term extension" in Article 179 of the Patent Act is 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)If a registered trademark related to goods is well-known among consumers as that indicating the designated goods in relation to the business of a holder of a trademark right, then the holder of the trademark right may, if the use by another person of the registered trademark in relation to goods other than the designated goods related to the registered trademark or goods similar to them, or in relation to 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 related to their own business, obtain a defensive mark registration for the mark identical with the registered trademark in relation to the goods or services for which the likelihood of confusion exists.

(2)If a registered trademark related to services is well-known among consumers as that indicating the designated services in relation to the business of a holder of trademark right, then the holder of trademark right may, if the use by another person of the registered trademark in relation to services other than the designated services related to the registered trademark or services similar to them, or in relation to 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 related to their own business, obtain a defensive mark registration for the mark identical with the registered trademark in relation to the services or goods for which the likelihood of confusion exists.

(3)To apply the preceding two paragraphs in relation to defensive mark registrations related to a trademark right related to a regional collective trademark, the phrase "their own" in those paragraphs is 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 decision on the application for trademark registration becomes final and binding.

(3)The provisions of Article 10, paragraph (2) and, (3), and Article 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 before the expiration of the right based on defensive mark registration to its date of expiration.

(3)If a person filing an application for registration of renewal of a right based on defensive mark registration has been unable to file the application for registration of renewal within the period during which it is permissible to file that application pursuant to the preceding paragraph, that person may file the application pursuant to Order of the Ministry of Economy, Trade and Industry, but only within the period provided by Order of the Ministry of Economy, Trade and Industry. However, this does not apply if the person is found to have intentionally failed to file an application for registration of renewal within the period during which it is permissible to file that application pursuant to the preceding paragraph.

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

Article 65-4(1)If an application for registration of renewal of a right based on defensive mark registration falls under any of the following items, then the examiner must make a decision to refuse the application:

(2)If no reasons for refusal are found in relation to an application for registration of renewal of a right based on defensive mark registration, then the examiner must make a decision to register the renewal.

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

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

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, the amount specified by Cabinet Order not exceeding 32,900 yen, multiplied by the number of classifications 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, the amount specified by Cabinet Order not exceeding 37,500 yen, multiplied by the number of classifications 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 certified copy of the examiner's decision or trial decisions registering a defensive mark.

(2)A registration fee under Article 65-7, paragraph (2) must be paid within 30 days from the service of a certified copy of the examiner's decision or the trial decisions registering the renewal of the right based on defensive mark registration (if the service is made before the expiration of the right based on defensive mark registration, then 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)If a person required to pay a registration fee is unable to pay the registration fee within the period under paragraph (1) or (2) (if the period under the preceding paragraph is extended, the extended period), that person may, in accordance with Order of the Ministry of Economy, Trade and Industry, pay that registration fee only within the period as provided by Order of the Ministry of Economy, Trade and Industry, even after the expiration of the period.

(5)If a person paying a registration fee is unable to pay the registration fee within the period provided in the preceding paragraph due to reasons beyond their control, notwithstanding the paragraph, that person may 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 period.

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)An interested person who makes the payment of the registration fee under the preceding paragraph may claim reimbursement for those expenses to the extent of the actual benefit obtained by the person that is required to pay the registration fees.

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)If a person filing a request for a registration fee refund as prescribed in paragraph (1) is unable to file the request within the period prescribed in the preceding paragraph due to reasons beyond their control, notwithstanding the provisions of paragraph (1), that person may file the request within 14 days (within 2 months for overseas residents) from the date on which the reasons ceased to be applicable, but no later than 6 months after the expiration of that period.

Article 66(1)A right based on a defensive mark registration expires when the trademark right related to it is divided.

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

(3)When a trademark right expires, the right based on a defensive mark registration related to it also expires.

(4)If a trademark right is deemed to have expired under Article 20, paragraph (4), the effects of the right based on defensive mark registration related 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 period 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)If a trademark right is deemed to have expired under Article 41-2 paragraph (6), the effect of the right based on defensive mark registration related to the trademark right restored under Article 41-3 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 period for making late payment of a second-installment registration fee, but before the registration to make the trademark right deem to have existed under Article 41-3,paragraph (2), pursuant to Article 41-2, paragraph(5).

(6)The provisions of the preceding paragraph apply mutatis mutandis to the right based on defensive mark registration related 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 constitute infringement of a trademark right or an exclusive trademark license:

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 phrase "(iii) the designated goods or designated services and the class of the goods or services provided by Cabinet Order as specified in Article 6, paragraph (2) " in Article 5, paragraph (1) is to be replaced with "(iii) the designated goods or designated services and the class of the goods or services provided by Cabinet Order as specified in Article 6, paragraph (2), (iv) the registration number of the trademark registration related to the application for defensive mark registration", the phrase "(iv) the designated goods or designated services are not stated" in Article 5-2, paragraph (1) is to be replaced with "(iv) the designated goods or designated services are not stated, (v) the registration number of the trademark registration related to the application for defensive mark registration is not stated" and the term "Article 37" in Article 13-2, paragraph (5) is to be replaced with "Article 67 (excluding the part related to item (i))".

(2)The provisions of Articles 14 through 15-2 and 16 through 17-2 apply mutatis mutandis to the examination 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, paragraphs (2) and (5), Article 51, paragraph (2) (including the case of its mutatis mutandis application under Article 52-2, paragraph (2)), Article 53, paragraph (2)" in Article 15, item (i) is 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 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 certified copy of an examiner's decision or a trial decision indicating that a trademark is to be registered pursuant to Article 41-2, paragraph (1)" in Article 18, paragraph (2) is to be replaced with "the registration fee under Article 65-7, paragraph (1)".

(4)The provisions of Article 43-2 (excluding item (iii)) through 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 related 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 its mutatis mutandis application under Article 52-2, paragraph (2)), and Article 53 paragraph(2)" in Article 43-2, item (i) and Article 46, paragraph (1), item (i) is to be replaced with "Article 64" and the phrase "if ... the registered trademark has become a trademark that falls under any of Article 4, paragraph (1), items (i) through item (iii), item (v), item (vii), or item (xvi)" in Article 46, paragraph (1), item (vi) is to be replaced with "if ... the trademark registration becomes in violation of Article 64".

(5)The provisions of the preceding Chapter apply mutatis mutandis to a retrial and a reappeal and litigation related to defensive mark registration. In this case, the term "each of the items in Article 37" in Article 59, item (ii) is to be replaced with "Article 67, items (ii) through (vii)", the term "a trademark right related to ... trademark registration" in Article 60 is to be replaced with "a right based on defensive mark registration in relation to ... defensive mark registration", the term "an application for trademark registration" in the same Article is to be replaced with "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 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 to it ... or in relation to goods or services similar to them" in the same Article is 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 related to trademark registration or defensive mark registration, may make amendments related to those 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 classifications of goods or services related to the application for trademark registration.

Article 69For the purpose of the application of Article 13-2, paragraph (4) (including if it is applied mutatis mutandis pursuant to Article 68, paragraph (1)), Article 20, paragraph (4), Article 33, paragraph (1), and Article 34-2 of this Act, 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 a 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 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 (1), item (ii) and paragraphs (3) through (5), Article 50, Article 52-2, paragraph (1), Article 59,item (i), Article 64, and Articles 73 and 74 is to include 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 is to 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) is not to 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 matters 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, matters related 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 concerning trademark registration or defensive mark registration to the Commissioner of the Patent Office to issue a certificate, a certified copy 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 finds it necessary to keep these documents or materials confidential, then these provisions do not apply in the case of the following documents:

(2)If the Commissioner of the Patent Office approves of the request under the main clause of the preceding paragraph concerning the documents as provided in item (i) through (iii) of that paragraph, then the Commissioner of the Patent Office notifies the person who submitted those documents of this and reasons for approval.

(3)Provisions of the Act on 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)The provisions of Chapter V, Section 4 of the Act on the Protection of Personal Information (Act No. 57 of 2003) do not apply to the personal information an administrative agency holds (meaning the personal information an administrative agency holds that is provided in Article 60, paragraph (1) of that Act) that has been recorded in a document concerning a trademark registration or a defensive mark registration or in the part of the trademark register that is stored on magnetic tapes.

Article 73When the holder of trademark right, exclusive trademark licensee or non-exclusive trademark licensee affixes the registered trademark to the designated goods, packaging of the designated goods or items 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 related 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 indicator (hereinafter referred to as an "indicator of trademark registration") stating that the trademark is a registered trademark.

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

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

(2)Beyond the matters provided in this Act, the trademark gazette must contain the following:

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

(2)The person 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 if the person required to pay the fee in accordance with these paragraphs is the national government.

(4)If 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 on, notwithstanding the provisions of paragraph (1) or (2), then the fees payable as a result (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 person other than the national government must pay the sum.

(5)If the fees calculated under the preceding paragraph have a fractional figure of less than ten yen, that portion must be discarded.

(6)The fees under paragraph (1) or (2) must be paid with patent revenue stamps as provided by Order of the Ministry of Economy, Trade and Industry; provided, however, that in cases specified by Order of the Ministry of Economy, Trade and Industry, the payment may be made in cash if permitted under Order of the Ministry of Economy, Trade and Industry.

(7)Fees paid in excess or in error must be refunded upon the request of the person that paid them.

(8)No refund of the fees may be requested under the preceding paragraph after one year has passed since the date of payment.

(9)If a person filing a request for a refund of fee pursuant to paragraph (7) is unable to file the request within the period provided in the preceding paragraph due to reasons beyond their control, notwithstanding the provisions of this paragraph, that person may file the request within 14 days (within 2 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 period.

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 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 apply mutatis mutandis to an application for trademark registration, an application for defensive mark registration, any petitions or any other procedures related to trademark registration or defensive mark registration. In this case, the phrase "appeal against an examiner's decision of refusal " in Article 9 of the Patent Act is to be replaced with "appeal under Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act", the phrase "appeal against an examiner's decision of refusal " in Article 14 of the Patent Act is to be replaced with "appeal under Article 44, paragraph (1) or Article 45, paragraph (1) of the Trademark Act", the phrase "(ii) the procedure does not comply with the formal requirements specified by this Act or to an order that is based on this Act;" in Article 17, paragraph (3) of the Patent Act is to be replaced with "(ii) the procedures do not comply with the formal requirements specified by this Act or an order that is based on this Act ; (ii)-2 related 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 term "any of the items of Article 38-2, paragraph (1)" in Article 18-2, paragraph (1) of the Patent Act is 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 related 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 Administrative Review Under the Provisions of the Administrative Complaint Review Act) of the Patent Act applies mutatis mutandis to an examiner's decision, a ruling to dismiss an amendment, revocation decision, or trial decision, for a ruling to dismiss a statement of opposition to registration of a trademark, for a written request for a trial or retrial, or for a disposition against which no appeal may be filed pursuant to this Act, or inactions thereof.

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

Article 78An infringer of a trademark right or an exclusive trademark license (excluding one who has committed an act that is deemed to constitute infringement of a trademark right or an exclusive trademark license 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 trademark license 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 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 by them, 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 certified copy 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 business 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 the relevant Article:

(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 corporation 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 those provisions.

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 by them, that person is subject to a civil fine not exceeding 100,000 yen.

Article 84Any person who has been summoned by the Patent Office or a court commissioned by them 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 civil fine not exceeding 100,000yen.

Article 85Any person who has been ordered by the Patent Office or a court commissioned by them to submit or present documents, other materials, or electronic or magnetic records (meaning records used in computerized information processing which are created in electronic form, magnetic form, or any other form that cannot be perceived by the human senses) for the purpose of examination or preservation of evidence in accordance with this Act, and fails to comply with the order without just cause is subject to a civil fine not exceeding 100,000yen.