WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/lIJPN/T/lIRev.l 
5 September 1997 
(97-3562) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
Revision 
By means of a communication from its Permanent Mission, dated 11 July 1997, Japan has 
notified a number of amendments to its Trademark Law, as included in the attached complete text of 
the amended Law. 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES 
A LA PROPRIETE INTELLECTUELLE NOTIFIEES 
AU TITRE DE L'ARTICLE 63:2 DE L'ACCORD 
Revision 
Par une communication de sa Mission permanente, datee du 11 juillet 1997, le Japon a notifie 
un certain nombre de modifications apportees a sa Loi sur les marques de fabrique ou de commerce, 
incluses dans le texte complet joint de la Loi modifiee. 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL pARRAFO 2 
DEL ARTICULO 63 DEL ACUERDO 
Revision 
El Japan ha notificado mediante una comunicacian de su Misian Permanente de fecha 11 de 
julio de 1997, una serie de modificaciones a su Ley de Marcas de Fabrica 0 de Comercio, cuyo texto 
integro modificado se acompafia. IP/N/lIJPN/T/lIRev.l 
Page 2 
1. The date of enactment: June 4, 1996 
2. The date of enforcement: 
October 1, 1996 (for the amendments regarding "payment in cash") 
April 1, 1997 (for the amendments regarding other than "payment In cash") 
3. The amended Article 
Article 2"'24Quater, 26"-'27, 29, 31bi·"'32, 33biu"'33ter, 35, 
40 ........ 43Quater decie., 46 ........ 50, 52biG ........ 57, 59 ........ 61, 63, 65 ........ 66, 68""71, 75 ........ 77, 
79, 81,...,83 TRADEMARK LAW 
(Law No. 127 of April 13, 1959, as amended)* 
--CONTENTS --
Chapter I General Provisions (Sections 1 and 2) 
Chapter II Trademark Registration and Applications Therefor 
(Sections 3 to 13) 
Chapter III The Examination (Sections 14 to 17bis) 
Chapter IV The ~'rademark Right 
Part 1 The Trademark Right (Sections 18 to 35) 
Part 2 Infringement (Sections 36 to 39) 
Part 3 The Registration Fee (Sections 40 to 43) 
Chapter IVbis Opposition to Registration 
(Sections 43bis to 43quater decies) 
Chapter V Trial (Sections 44 to 56bis) 
Chapter VI Retrial and Litigation (Sections 57 to 63bis) 
Chapter VII Defensive Marks (Sections 64 to 68) 
Chapter VIII Miscellaneous Provisions (Sections 68bis to 77bis) 
Chapter IX Penal Provisions (Sections 78 to 85) 
Supplementary Provisions IP/N/lIJPN/T/lIRev.1 
Page 3 IP/NIlIJPN/TIlIRev.1 
Page 4 
Attached Table 
By Law No. 140 of 1962, Law No. 161 of 1962, Law No. 148 of 1964, Law No. 81 of 1965, 
Law No. 91 of 1970, Law No. 46 of 1975, Law No. 27 of 1978, Law No. 89 of 1978, Law 
No. 45 of 1981, Law No. 23 of 1984, Law No. 24 of 1984, Law No. 41 of 1985, Law No. 27 
of 1987, Law No. 30 of 1990, Law No. 65 of 1991, Law No. 26 of 1993, Law No. 89 of 
1993, Law No. 116 of 1994 and Law No. 68 of 1996. 
Chapter I --General Provisions 
(Purpose) 
1. --The purpose of this Law shall be to ensure the maintenance of the business 
reputation of persons using trademarks by protecting trademarks, and thereby to 
contribute to the-development of industry and to protect the interests of consumers. 
(Definitions, etc.) 
2. --(1) "Trademark" in this Law means characters, signs, three-dimensional shapes or 
any combination thereof, or any combination thereof with colors (hereinafter referred 
to as a "mark"): 
(i) which are used in respect of goods by a person who produces, certifies or assigns such 
goods in the course of trade; 
(ii) which are used in respect of services by a person who provides or certifies such 
services in the course of trade (other than as in (i) above). 
(2) "Registered trademark" in this Law means a trademark for which a trademark 
registration has been effected. 
(3) "Use" with respect to a mark in this Law means any of the following acts: 
(i) acts of applying the mark on the goods or their packaging; 
(ii) acts of assigning, delivering, displaying for the purpose of assignment or delivery, or 
importing, the goods on which or on the packaging of which a mark has been applied; 
(iii) acts of applying a mark to articles for use by persons to whom the services are 
provided (including articles assigned or leased --hereinafter the same) when providing services; IP/N/lIJPN/T 11IRev.l 
Page 5 
(iv) acts of providing services by use of articles to which a mark has been applied for use , 
by persons to whom the services are provided when providing services; 
(v) acts of displaying, for the purpose of providing services, articles to \vhich a mark has 
been applied and supplied for use in the provision of services (including articles for use 
by persons to whom the services are provided when providing services·· hereinafter the 
same); 
(vi) acts of applying a mark to articles related to the provision of such services 
belonging to persons to whom the services are provided when providing services; 
(vii) acts of displaying or distributing advertisements relating to the goods or services, 
price lists or business papers with respect to the goods or articles on which a mark has 
been applied. 
(4) Acts of applying a mark to goods or other articles to which a mark is applied as 
prescribed in the preceding subsection shall include acts of having goods or their 
packaging, articles that are supplied for use in the provision of services and 
advertisements.relating to goods or services shaped into a mark. 
(5) In this law, it shall be premised that there may exist services in the scope of 
similarities of goods and there may exist goods in the scope of similarities of services. 
Chapter II .. Trademark Registration and Applications Therefor 
(Registrability of trademarks) 
3 ... (1) Any person may obtain a trademark registration of a trademark to be used in 
respect of goods or services in connection with his business, except in the case of the 
following trademarks: 
(i) trademarks which consists solely of a mark indicating, 111 a common way, the 
common name of the goods or services; 
(ii) trademarks which are customarily used in respect of the goods or services; 
(iii) trademarks which consist solely of a mark indicating in a common way, the ori~in. 
place of sale, quality, raw materials, efficacy, use, quantity, shape (including packaging 
shape) or price of the goods, or the method or time of manufacturing or using them; or 
the location of provision of the services, quality, articles for use in such provision, 
efficacy, use, quantity, modes, price or method or time of the provision of services; IP/N/1/JPN/T/1/Rev.1 
Page 6 
(iv) trademarks which consist solely of a mark indicating, In a common way, a 
commonplace surname or name of a legal entity; 
(v) trademarks which consist solely of a very simple and commonplace mark; 
(vi) in addition to those mentioned in each of the preceding paragraphs, trademarks 
which do not enable consumers to recognize the goods or services as being connected 
with a certain person's business. 
(2) In the case of a trademark falling under paragraphs (iii) to (v) of the preceding 
subsection, where, as a result of the use of such trademarks, the consumers are able to 
recognize the goods or services as being connected with a certain person's business, 
trademark registration may be obtained notwithstanding the preceding subsection. 
(Unregistrable trademarks) 
4. --(1) Notwithstanding Section 3, trademark registration shall not be effected in the 
case of the following trademarks: 
(i) trademarks which are identical with, 01' similar to, the national flag, the imperial 
chrysanthemum-crest, a decoration, a medal of merit, or a foreign national flag; 
(ii) trademarks which are identical with or similar to, a State coat of arms or other 
emblem (other than a national flag) of a country party to the Paris Convention 
(meaning the Paris Convention for the Protection of Industrial Property of March 20, 
1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at 
The Hague on November G, 1925, at London on June 2, 1934, at Lisbon on October 31, 
1958 and at Stockholm on July 14, 1967 --hereinafter referred to as "the Paris 
Convention"), a Member of the World Trade Organization or a contracting party to the 
Trademark Law Treaty which have been designated by the Minister of International 
Trade and Industry; 
(iii) trademarks which are identical with, or similar to, a mark indicating the United 
Nations or any other international organization and designated by the Minister for 
International Trade and Industry; 
(iv) trademarks' which are identical with, or similar to, the Red Cross ensign on a white 
ground or the title Red Cross or Geneva Cross; 
(v) trademarks comprising a mark identical with, or similar to, an official seal or sign 
which indicates supervision or certification by the Government of Japan or by the 
Government of a country party to the Paris Convention 01' a Member of the World 
Trade Organization or a contracting party to the Trademark Law Treaty, or by a local 
public entity and which has been designated by the Minister for International Trade IP/N/1/JPN/T/1/Rev.l 
Page 7 
and Industry, which are used on goods or services identical with, or similar to, the 
goods or services in respect 9f which such seal or sign is used; 
(vi) trademarks which are identical with, or similar to, a famous mark indicating a 
State or a local public entity or an agency thereof or a non-profit organization or 
enterprise working in the public interest; 
(vii) trademarks liable to contravene public order or morality; 
(viii) trademarks containing the portrait of another person or the name, famous 
pseudonym, professional name or pen name of another person or the famous 
abbreviation thereof (except where the consent of the person concerned has been 
obtained); 
(ix) trademarks comprising a mark which is identical with, or similar to, a prize 
awarded at an exhibition held by the Government or a local public entity (hereinafter 
referred to as the "Government, etc.") or at one which is not held by the Government, 
etc. but has been designated by the Commissioner of the Patent Office or at an 
international exhibition held in a foreign country by its government, etc. or a person 
authorized thereby (except where the recipient of such a prize uses the mark as part of 
his trademark);-' 
(x) trademarks which are well known aJJlong consumers as indicating the goods or 
services as being connected with another person's business, and trademarks similar 
thereto, and which are used in respect of such goods or services or similar goods or 
services; 
(xi) trademarks which are identical with, or similar to, another person's registered 
trademark applied for prior to the filing date of the trademark application concerned 
and which are used on the designated goods or designated services [meaning the goods 
or services designated in accordance with Section 6(1) (including its application under 
Section 68(1» --hereinafter referred to as "the designated goods or designated 
services"] covered by the trademark registration referred to or 011 similar goods or 
servlces; 
(xii) trademarks which are identical with another person's registered defensive mark 
(meaning a mark registered as a defensive mark --hereinafter referred to as a 
"registered defensive mark"), and which are used on the designated goods or designated 
services covered by the defensive mark registration; 
(xiii) trademarks which are identical with another person's trademark (other than a 
trademark which had not been used by that person during a period of at least one year 
prior to the day on which the trademark right became extinguished) where one year 
has not elapsed since the date of extinguishment of the trademark right (or the date on IP/N/I/JPN/T/I/Rev.l 
Page 8 
which a ruling that a trademark registration is to be revocated or a trial decision that a 
trademark registration is to, be invalidated becomes final and conclusive --hereinafter 
referred to as the "date of extinguishment of the trademark right"), or with a 
trademark similar to such a trademark, and which are used in respect of the 
designated goods or designated services covered by the trademark right or in respect of 
similar goods or services; 
(xiv) trademarks which are identical with, or similar to, the name of a variety 
registered 
under Section 12quater(1) of the Agricultural Seed and Seedlings Law (Law No. 115 to 
1947), and which are used on the seeds or seedlings of the variety concerned or in 
respect of similar goods or services; 
(xv) trademarks which are liable to cause confusion with goods or services connected 
with another person's business (other than the trademarks mentioned in paragraphs 
(x) to (xiv»; 
(xvi) trademarks liable to be misleading as to the quality of the goods or services; 
(xvii) trademarks comprising a mark indicating an origin of wines or spirits in Japan 
which has been-designated by the Commissioner of the Patent Office or a mark 
indicating an origin of wines or spirits in a Member of the World Trade Organization 
prohibited to be used on wines or spirits not originating in the region in that member, 
which are used in respect to wines or spirits not originating in the region in Japan or 
that member; 
(xviii) trademarks consisting solely of a three-dimensional shape of goods or their 
packaging with the shape being indispensable to secure the functions of the goods or 
their packaging; 
(xix) trademarks which are well known among consumers in Japan or abroad as 
indicating the goods or services as being connected with another person's business, and 
trademarks identical with or similar thereto, and which are used by the applicant for 
unfair intention (intention to gain an unfair profit, intention to cause damage to such 
another person and other unfair intentions --hereinafter the same) (other than the 
trademarks mentioned in each of the preceding paragraphs) in respect of such goods or 
services. 
(2) Where registration of a trademark falling under paragraph (vi) of the preceding 
subsection is applied for by the State, a local public entity or an agency thereof or a 
non-profit organization working in the public interest or a person carrying on a non­
profit enterprise working in the public interest, the said paragraph shall not apply. IP IN I lIJPN IT I lIRev.1 
Page 9 
(3) In the case of a trademark falling under paragraphs (viii), (x), (xv), (xvii) or (xix) of 
Subsection (1), the respective provisions shall not apply where the trademark does not 
fall under the respective paragraph at the time when the trademark application is 
filed. 
(4) Where a trial decision that a trademark registration is to be canceled under Section 
53bis has become final and conclusive and the demandant in the trial applies for 
registration of the trademark covered by the registration canceled by the trial decision, 
or a trademark similar thereto, paragraph (xiii) of Subsection (1) shall not apply. 
(Applications for trademark registration) 
5. --(1) Any person desiring a trademark registration shall submit a request to the 
Commissioner of the Patent Office together with any necessary document; the request 
shall state the following: 
(i) the name and the domicile or residence of the applicant for a trademark registration; 
(ii) the trademark for which registration is sought; 
(iii) the designated goods or designated services and the class of goods or services as 
prescribed by Cabinet Order referred to in Section G(2). 
(2) Where a person desires a trademark registration with respect of a trademark 
consisting of three-dimensional shapes (including their combination with characters, 
figures, signs or colors or any combination thereof, hereinafter referred to as "three 
dimensional trademark"), the request shall contain a statement to that effect. 
(3) Where a person desires a trademark registration with respect of a trademark 
consisting of characters designated by the Commissioner of the Patent Office 
(hereinafter referred to as "standard characters"), the request shall contain a 
statement to that effect. 
(4) In the portion of the statement of the trademark for which the registration is sought, 
any part which is in the same color as a section for a trademark to be stated shall he 
deemed not to form part of the trademark. However, this provision shall not apply 
where an area to be colored is specified and it is stated on the sheets that the color to be 
applied is the same as that of the section. IP/N/lIJPN/T/lIRev.1 
Page 10 
(According of the filing date, etc.) 
5bis ... (1) The Commissioner of the Patent Office shall decide to accord as the date of a 
trademark application the date of submission of the request with respect to the 
trademark application unless the application falls under any of the following 
paragraphs: 
(i) the indication that a trademark registration is sought is not clear; 
(ii) the name of the applicant is not stated, or the statement is not considered sufficient 
to the extent to enable the identification of the applicant; 
(iii) a trademark for which the registration is sought is not stated; or 
(iv) designated goods or designated services are not stated. 
(2) Where the trademark application falls under any of the paragraphs of the preceding 
subsection, the Commissioner of the Patent Office shall invite the applicant to make 
the required correction in writing, designating an adequate time limit. 
(3) Correction to a trademark application shall be effected by filing a correction in 
writing with respect to the correction (hereinafter referred to as a "correction in 
writing"). 
(4) The Commissioner of the Patent Office shall decide to accord as the date of the 
trademark application the date of submission of the correction in writing when the 
person whom he has invited to make the correction under Subsection (2) has complied 
with the invitation within the time limit designated in accordance with that subsection. 
(5) The Commissioner of the Patent Office may dismiss the trademark application 
when a person whom he has invited to make the correction in accordance with 
Subsection (2) fails to do so within the time limit designated in accordance with that 
subsection. 
(Unity in application) 
G ... (1) An application for a trademark registration shall relate to a single trademark 
and shall designate one or more items of goods or services in respect of which the 
trademark is to be used. 
(2) A designation under the preceding paragraph shall be made according to the classes 
of the classification of goods and services, prescribed by Cabinet Order. IP/N/1/JPN/T/1/Rev.1 
Page 11 
(3) The classes of goods and ?ervices referred to in the preceding subsection shall not be 
determinative of the scope of similarity of goods or services. 
(Collective trademarks) 
7. --(1) Aggregate corporation established under the provision of Section 34 of the Civil 
Code (Law No. 89 of 1896) or industrial business corporative association and other 
associations established under the special law (excluding those which are not legal 
entities), or foreign legal entities corresponding thereto shall be entitled to obtain a 
collective trademark registration with respect of a trademark for use by their 
members. 
(2) For the purposes of the provision of Section 3(1), "his business" in that section shall 
read "their members or them." 
(3) Any person acsiring the registration of a collective trademark under Subsection (1) 
shall submit to the Commissioner of the Patent Office with respect to a trademark 
application under Section 5(1) a document proving that the applicant is a legal entity 
referred to Subsection 1. 
(First-to-file rule) 
8. --(1) Where two or more trademark applications relating to identical or similar 
trademarks which are to be used on identical or similar goods or services are filed on 
different dates, only the earliest applicant may obtain a trademark registration for the 
trademark concerned. 
(2) Where two or more trademark applications relating to identical or similar 
trademarks which are to be used on identical or similar goods or services are filed on 
the same date, only one applicant, agreed upon after mutual consultation among all th<.' 
applicants, may obtain a trademark registration for the trademark. 
(3) Where a trademark application is abandoned, withdrawn or dismissed or where an 
examiner's decision or trial decision on a trademark application has become final and 
conclusive, such application shall, for the purposes of the two preceding subsections, he 
deemed never to have been made. IP/NIlIJPN/T 11IRev.l 
Page 12 
(4) The Commissioner of the'Patent Office shall, in the case of Subsection (2), order the 
applicants to hold consultations for an agreement under that subsection and to report 
the result thereof, within an adequate time limit. 
(5) Where no agreement is reached in the consultations under Subsection (2) or where 
the report under the preceding subsection is not made within the time limit designated 
in accordance with that subsection, registration of the trademark concerned may be 
obtained only by one applicant chosen by the drawing of lots conducted in a fair and 
just manner by the Commissioner of the Patent Office. 
(Special provisions for time of filing of application) 
9 ... (1) In the case of a trademark used in respect of goods exhibited or services offered 
at an exhibition held by the Government, etc ... or at one which is not held by the 
Government, etc. but has been designated by the Commissioner of the Patent Office, or 
at an international exhibition held by the Government, etc. or a person authorized 
thereby in the te'rritory of a country party to the Paris Convention or a Member of the 
\,yorld Trade Organization or a contracting party to the Trademark Law Treaty, or at 
an international exhibition held by the Government, etc. or a person authorized 
thereby in the territory of a country which is neither a party to the Paris Convention 
nor a Member of the World Trade Organization or a contracting party to the 
Trademark Law Treaty, but which has been designated by the Commissioner of the 
Patent Office .. , provided that the person who exhibited the said goods offered said 
services has applied for a trademark registration, designating those goods or services, 
within six months from the date when they were exhibited or offered, the trademark 
application shall be deemed to have been filed at the time when the goods were 
exhibited or the services were offered. 
(2) Any person who desires the application of the preceding subsection with respect to a 
trademark in a trademark application shall submit a written statement to that effect 
to the Commissioner of the Patent Office simultaneously with the trademark 
application. Within 30 days from the filing of the trademark application, he shall also 
submit to the Commissioner of the Patent Office a document proving that the 
trademark and the goods or services in the trademark application are a trademark and 
goods or services falling under the said subsection. (Priority claim declared as governed by the Paris Convention) IP/N/lIJPN/T/lIRev.l 
Page 13 
9bis. --A priority claim base? on an application for trademark registration (limited to a 
trademark equivalent to that defined in Section 2( 1) (ii)) filed in or for a country party to 
the Paris Convention may be declared as governed by the provisions in Article 4 of the 
Paris Convention for a priority claim based on the application for trademark 
registration of the trademark equivalent to that defined in Section 2(1)(i). 
9ter. --A priority claim based on an application which a person specified in the left­
hand column of the following table has filed in or for any country specified in the right­
hand column of the following table may be declared as governed by the provision in 
Article 4 of the Paris Convention. 
Japanese nationals or nationals of a country party to the Paris Convention (including 
nationals deemed to be the nationals of the country party in accordance with Article 3 
of the Paris Convention). 
Member of the World Trade Organization 
or a contracting party to the Trademark Law Treaty. 
NationRls of a Member of the World Trade Organization (meaning nationals of 
Members provided for in paragraph 3 of Article 1 of the Annex lC to the Marrakech 
Agreement Establishing the World Trade Organization or a contracting party to the 
Trademark Law Treaty). 
Country party to the Paris Convention, Member of the World Trade Organization 
or a contracting party to the Trademark Law Treaty. 
(Amendment of designated goods, etc. or the trademark for which trademark 
registration is sought and change of gist) 
9quater. --Where, after registration of the establishment of the trademark right, it is 
found that an amendment of the designated goods or designated services stated in the 
request or the trademark for which registration is sought made, has changed the gist 
thereof, the trademark application shall be deemed to have been filed at the time when 
the amendment in writing was submitted. IP/N/lIJPN/T/lIRev.1 
Page 14 
(Division of trademark applications) 
10. --(1) An applicant for a t~'ademark registration may divide a trademark application 
designating two or more items of goods or services as designated goods or designated 
services into one or more new trademark applications provided that the trademark 
application is pending in examination, trial examination or retrial examination or that 
a suit against a trial decision to refuse the trademark application is pending in court. 
(2) Where a trademark application has been divided under the preceding subsection, 
the new trademark application shall be deemed to have been filed at the time of filing of 
the original application. However, this provision shall not apply for the purposes of 
Section 9(2) of this Law and Section 43(1) and (2) of the Patent Law (Law No. 121 of 
1959) as applied under Section 13(1) of this Law (including its application under 
Section 43bis(3) of the Patent Law as applied under Section 13(1) of this Law). 
(Conversion of applications) 
11. --(1) An applicant may convert his application for registration of a collective 
trademark into an application for registration of an individual trademark (meaning a 
trademark application other than an application for registration of a collective 
trademark --hereinafter referred to as an "application for registration of an individual 
trademark"). 
(2) An applicant may convert his application for registration of an individual trademark 
into an application for registration of a collective trademark. 
(3) A trademark application may not be converted under the two preceding subsections 
after the examiner's decision or the trial decision with respect to the application has 
become final and conclusive. 
(4) Where the conversion of a trademark application under Subsection (1) or (2) has 
been made, the original trademark application shall be deemed to have been 
withdrawn. 
(5) Section 10(2) shall apply mutatis mutandis to the conversion of a trademark 
application under Subsection (1) or (2). 
12. --(1) An applicant lUay convert his application for registration of a defensive mark into an application for trademark registration. IP/N/lIJPN/T/lIRev.1 
Page 15 
(2) An application may not be converted under the preceding subsection after the 
examiner's decision or the trial decision with respect to the application for registration 
of a defensive mark has become final and conclusive. 
(3) Sections 10(2) and 11(4) shall apply mutatis mutandis to the conversion of an 
application under Subsection (1). 
(Application mutatis mutandis of Patent Law) 
13. --(1) Sections 43 and 43bis(2) and (3) of the Patent Law shall apply mutatis 
mutandis to trademark applications. In such a case, "within one year and four months 
from the earliest date among the dates given in each of the following paragraphs" in 
Section 43(2) of the Patent Law shall read "within three months from the filing date of 
the trademark application" and in Section 43bis(2) "or a Member of the World Trade 
Organization" shall read "a Member of the World Trade Organization or a contracting 
party to the Trademark Law Treaty," and" or the nationals of a country which is a 
Member of the World Trade Organization," shall read" or the nationals of a country 
which is a Member of the World Trade Organization or a contracting party to the 
Trademark Law Treaty" and "Subsection (1) or (2) " in Section 43(3) of the Patent Law 
shall read "Subsection (1)." 
(2) Sections 33 and 34(4) to (7) (right to obtain patent) of the Patent Law shall apply 
mutatis mutandis to the rights deriving from a trademark application. 
Chapter III --The Examination 
(Examination by examiner) 
14. --The Commissioner of the Patent Office shall have applications for trademark 
registration examined by an examiner. 
(Examiner'S decision of refusal) 
15. --The examiner shall make a decision that a trademark application is to be refused 
where it falls under any of the following paragraphs: 
(i) the trademark in the trademark application is not registrable in accordance with IP IN 11IJPN IT IlIRev.1 
Page 16 
Section 3, 4(1), 8(2) or (5), 51(2) (including its application under Section 52bis(2» or 
53(2) of this Law of Section ?5 of the Patent Law as applied under Section 77(3) of this 
Law; 
(ii) the trademark in the trademark application is not rcgistrable in accordance with 
the provisions of a treaty; 
(iii) the trademark application does not comply with the requirements of Section G(l) or 
(2). 
(Notification of reasons for refusal) 
15bis. --When the examiner intends to render a decision that an application is to be 
refused, he shall notify the applicant for the trademark registration of the reasons for 
refusal and give him an opportunity to submit a statement of his arguments, 
designating an adequate time limit. 
15ter. --(1) Where a trademark for which the registration is sought in a trademark 
application is a trademark which are identical with, or similar to, another person's 
trademark applred for prior to the filing date of the trademark application concerned 
and which are used on the designated goods or designated services covered by the 
trademark referred to or on similar goods or services, the examiner may notify the 
applicant that his trademark application may fall under Section 15(i) if the other 
perty's trademark is registered, and give him an opportunity to submit a statement of 
his arguments, designating an adequate time limit. 
(2) Where a notification referred to in the preceding subsection has been served and the 
other applicant's trademark is registered, the examiner shall not be required to serve n 
notification referred to in the preceding section. 
(Examiner'S decision that a trademark is to be registered) 
1G. --Where the examiner finds no reason for refusing a trademark application, h(; 
shall render a decision that a trademark is to be registered. 
(Declining of amendments) 
1Gbis. --(1) Where an amendment to the designated goods or designated services stated 
in the request or the trademark for which registration is sought would change the gist 
thereof, the examiner shall decline the amendment by a ruling. IP/N/lIJPN/T/lIRev.1 
Page 17 
(2) The ruling to decline an amendment under the preceding subsection shall be in 
writing and state the reasonfo therefor. 
(3) Where a ruling to decline an amendment under Subsection (1) has been rendered, 
the examiner's decision with respect to the trademark application shall not be rendered 
before the expiration of 30 days from the transmittal of that ruling. 
(4) Where an applicant has demanded a trial under Section 45(1) against a ruling to 
decline an amendment under Subsection (I), the examiner shall suspend the 
examination of the trademark application until the trial decision has become final and 
conclusive. 
(Application mutatis mutandis of Patent Law) 
17. --Section 47(2) (qualifications of examiners), Section 48 (exclusion of examiners), 
Section 52 (formal requirements of decision) and Sections 54 (relationship with 
litigation) of the Patent Law shall apply mutatis mutandis to the examination of 
trademark applieations. 
(Application mutatis mutandis of Design Law) 
17bis. _. (1) Section 17ter (new application for design as amended) of the Design Law 
(Law No. ] 25 of 1959) shall apply mutatis mutandis to the case where an amendment is 
declined by a ruling under Section 16bis(l). 
(2) Section 17quater of the Design Law shall apply mutatis mutandis to the extension 
of the time limit prescribed in Section 17ter(1) as applied under Subsection (1) or 
Section 55bis(2) (including its application under Section GObis(l». 
Chapter IV .. The Trademark Right 
1. The Trademark Right 
(Hegistration of establishment of trademark right) 
18 ... (1) A trademark right shall come into force upon registration of its establishment. 
(2) The establishment of a trademark right shall be registered when the registration IP/N/lIJPN/T/lIRev.1 
Page 18 
fee under Scction 40(1) or the registration fee due to be paid within 30 days from the 
date of the transmittal of the examiner's decision or the trial decision that the 
trademark is to be registered under Section 41bis(1) has been paid. 
(3) Upon registration under the preceding subsection, the following particulars shall be 
published in the Trademark Gazette: 
(i) the name and the domicile or residence of the owner of the trademark right; 
(ii) the number and date of the trademark application; 
(iii) the contents of the trademark stated in the request (represented in the standard 
characters as applicable under Section 5(3), hereinafter referred to in Section 27(1) as 
"the trademark stated in the request"); 
(iv) the designated goods or designated services; 
(v) the registration number and date of the registration of the establishment; 
(vi) other necessary particulars. 
(4) During two months after the datc of the publication of the Trademark Gazette 
which states the· matter referred to in each paragraph of the preceding subsection 
(hereinafter referred to as "the Gazette containing the trademark"), the Commissioner 
of the Patent Office shall make the application files and their attachments available for 
public inspection in the Patent Office. 
(Term of trademark right) 
19. --(1) The term of a trademark right shall be ten years from the date of registration 
of its establishment. 
(2) The term of a trademark right may be renewed by a request for registration of 
'renewal. 
(3) When renewal of the term of the trademark right has been registered, the term 
shall be deemed to have been renewed upon expiration of the term. 
(Registration of renewal of term) 
20. --(1) Any person desiring registration of renewal of the term of a trademark right 
shall submit a request for renewal to the Commissioner of the Patent Office stating the 
following: 
(i) the name and the domicile or residence of the requester; (ii) the registration number of the trademark registration; IP/N/lIJPN/T/lIRev.1 
Page 19 
(iii) other matters fixed by <1n ordinance of the Ministry of International Trade and 
Industry. 
(2) A request for registration of renewal shall be made within six months prior to the 
date of expiration of the term. 
(3) Where the owner of a trademark right is unable to make a request for registration of 
renewal within the time limit prescribed in the preceding subsection, he may make 
such request belatedly within six months from the expiration of that time limit. 
(4) Where a request for registration of renewal is not made within the time limit 
allowing its owner to make such request under the preceding subsection, the 
trademark right shall be deemed to have been extinguished retroactively from the time 
of the expiration of the term. 
(Restoration of trademark right) 
21. --(1) Where the trademark right is one which was deemed to have been 
extinguished under Section 20(4) and the owner of the extinguished trademark right is 
unable to make a request for registration of the renewal within the time limit allowing 
him to make such request under Section 20(3) due to reasons outside his control, he 
may make such request within 14 days (where he is a resident abroad, two months)­
from the date on which the reasons ceased to be applicable but not later than six 
months following the expiration of said time limit. 
(2) When a request for registration of renewal is made under the preceding subsection, 
the term shall be deemed to have been renewed retroactively from the time of the 
expiration of the term. 
(Restriction on effects of trademark right restored) 
22. --The effects of the trademark right restored under Section 21(2) shall not extend to 
the follo\ving acts after the expiration of the time limit referred to in Section 20(3) for 
the request for registration of renewal of the term of the trademark right but before the 
registration is made to the effect that the term has been renewed by the request made 
under Section 21(1): 
(i) the use of the registered trademark with respect to the designated goods or IP/N/1/JPN/T/1/Rev.1 
Page 20 
designated services; and 
(ii) the acts mentioned in ea<;h paragraph of Section 37. 
(Registration of renewal of term) 
23. --(1) When the registration fee under Section 40(2) or the registration fee due to be 
paid at the time of a request for registration of renewal under Section 41bis(2) has been 
paid, the renewal of the term of the trademark right shall be registered. 
(2) Notwithstanding the provision of the preceding subsection, where a request is made 
for registration of renewal under Section 20(3) or Section 21(1), the registration to the 
effect that the term of the trademark right has been renewed shall be made when the 
payment has been made for the registration fee under Section 40(2) and the 
registration fee with a surcharge under Section 43(1) or the registration fee due to be 
paid at the time of the request for registration of renewal under Section 41bis(2) and 
the registration fee with a surcharge under Section 43(2). 
(3) Upon registration under the preceding two subsections, the following particulars 
shall be published in the Trademark Gazette: 
(i) the name and the domicile or residence of the owner of a trademark right; 
(ii) the registration number and date of the registration ofrenewal; and 
(iii) other necessary particulars. 
(Division of trademark right) 
24. --(1) Where there are two or more items of the designated goods or designated 
services, a trademark right may be divided into each such item. 
(2) The division of a trademark right under the preceding subsection may be, in the 
case where a trial is demanded with respect to it under Section 46(2), applied for even 
after the extinguishment of the trademark right only during the pendency of the case in 
the trial or retrial examination or a litigation. 
(Transfer of trademark right) 
24bis. --(1) Where there are two or more items of the designated goods or designated 
services, a trademark right may be transferred separately for each such item. IP/NI 1 IJPN/TI 1 IRev .1 
Page 21 
(2) A trademark right under a trademark application filed by the State or a local public 
entity, or an agency thereof, })r a non·profit organization working in the public interest, 
referred to in Section 4(2), may not be assigned. 
(3) A trademark right under a trademark application filed by a person carrying on a 
non-profit enterprise working in the public interest, referred to in Section 4(2), may be 
transferred only together with the enterprise itself. 
(Transfer of collective trademark right) 
24ter. --(1) When a collective trademark right is transferred, the collective trademark 
shall be deemed to have been converted to an individual trademark right, except as 
provided in the following subsection. 
(2) When the owner of a collective trademark desires to transfer his collective 
trademark right, he shall submit a statement to that effect and a document under 
Section 7(3) to the Commissioner of the Patent Office at the time of an application for 
registration of the transfer. 
(Demand for indication to prevent confusion resulting from transfer of trademark 
right) 
24quater. --Where, as a result of the transfer of a trademark right, the trademark 
right to a similar registered trademark that is used for identical goods or services or 
the identical or a similar registered trademark that is used for similar goods or services 
comes to belong to a different person, and where the use of such registered trademark 
by the owner of a trademark right or the owner of a right of exclusi\'e use or of non­
exclusive use relating to one registered trademark for its designated goods or 
designated services is likely to cause damage to business interests of the owner of a 
trademark right or the owner of a right of exclusive use relating to the other registered 
trademark (limited to the business interests concerning the designated goods or 
designated services for which the other registered trademark is used), the owner of a 
trademark right or the owner of a right of exclusive use relating to the other registered 
trademark may request the owner of the trademark right or the owner of the right uf 
exclusive use or the owner of non-exclusive use relating to the one registered 
trademark to mark et suitable indication in the use thereof so as to prevent any 
confusion between the goods or services connected with the other's business and those 
connected with the own business. IP/N/1/JPN/T/1/Rev.l 
Page 22 
(Effects of trademark right) 
25. --The owner of a trademark right shall have an exclusive right to use the registered 
trademark with respect to the designated goods or designated services. However, 
where the trademark right is subject to a right of exclusive use, this provision shall not 
apply to the extent that the owner of that right has an exclusive right to use the 
registered trademark. 
(Limits of trademark right) 
2G. --(1) The effects of the trademark right shall not extent to the following trademarks 
(including those which constitute part of other trademarks); 
(i) trademarks indicating, in a common way, one's own portrait, name, famous 
pseudonym, professional name or pen name or a famous abbreviation thereof; 
(ii) trademarks indicating, in a common way, the common name, origin, place of sale, 
quality, raw materials, efficacy, use, quantity, shape (including packaging shape -­
hereinafter refefred to in the following paragraph as "shape") or price or the method or 
time of manufacturing or using the designated goods concerned or goods similar 
thereto or the common name of services similar to the designated goods, location of 
provision of the services, quality, articles for use in such provision, efficacy, use, 
quantity, modes, price, or methods or time of such provision; 
(iii) trademarks indicating, in a common way, the common name of designated services 
or services similar thereto, location of provision of the services, quality, articles 
supplied for use in such provision, efficacy, use, quantity, modes, price, or method or 
time of such provision or the common name, origin, place of sale, quality, raw materials, 
efficacy, use, quantity, shape or price, or method or time of manufacturing or using the 
goods similar to the designated services; 
(iv) trademarks customarily used on the designated goods or designated services, or 
goods or services similar thereto; 
(v) trademarks consisting solely of a three-dimensional shape of goods or their 
packaging with the shape indispensable to secure the functions of the goods or th~ir 
packaging. 
(2) Paragraph (i) of the preceding subsection shall not apply where, after registration of 
the establishment of the trademark right, one's own portrait, name, famous 
pseudonym, professional name or pen name or a famous abbreviation thereof has been used with the intention of violating the rules of fair competition. IP/N/lIJPN/TllIRev.1 
Page 23 
27 ... (1) The scope of a registered trademark shall be decided on the basis of the 
trademark stated in the request. 
(2) The scope of the designated goods or designated services shall be decided on the 
basis of the statement in the request. 
28 ... (1) A request for interpretation may be made to the Patent Office with respect to 
the effects of a trademark right. 
(2) Where such a request is made, the Commissioner of the Patent Office shall 
designated three trial examiners to give the requested interpretation. 
(3) Proceedings concerning an interpretation other than those provided for in the 
preceding subsection shall be prescribed by Cabinet Order. 
(Relationship with another's patent right, etc.) 
29 ... Where the use in a given manner of a registered trademark in respect of the 
designated goods or designated services conflicts with another person's patent, utility 
model or design right under its application filed prior to the filing date of the 
trademark application concerned or with another person's copyright taking effect prior 
to that date, the owner of the trademark right or of the right of exclusive or non· 
exclusive or non· exclusive use shall not use the registered trademark in such a manner 
on the part of the designated goods or designated services giving rise to the conflict. 
(Rights of exclusive use) 
30 .. ; (1) The owner of a trademark right may grant a right of exclusive use with respect 
to his trademark right. However, this provision shall not apply to a trademark right 
under an application referred to in Section 4(2). 
(2) The owner of a right of exclusive use shall have an exclusive right to use the 
registered trademark in respect of the designated goods or designated services to the 
extent laid down in the contract granting such right. IP/N/lIJPN/T/lIRev.l 
Page 24 
(3) A right of exclusive use may be transferred only with the consent of the owner of the 
trademark right or in the cqse of inheritance or other general succession. 
(4) Section 77(4) and (5) (establishment of pledge, etc.), Section 97(2) (surrender) and 
Section 98(i)(ii) and (2) (effects of registration) of the Patent Law shall apply mutatis 
mutandis to rights of exclusive use. 
(Rights of non-exclusive use) 
31. --(1) The owner of a trademark right may grant a right of non-exclusive use with 
respect to his trademark right. However, this provision shall not apply to a trademark 
right under an application referred to in Section 4(2). 
(2) The owner of a right of non-exclusive use shall have the right to use the registered 
trademark in respect of the designated goods or designated services to the extent laid 
down in the contract granting such right. 
(3) A right of non-exclusive use may be transferred only with the consent of the owner 
of the trademark right (or only with the consent of such person and of the owner of the 
right of exclusive use, in the case of a right of non-exclusive use with respect to the 
right of exclusive use) or in the case of inheritances or other general succession. 
(4) Section 73(1) Goint ownership), Section 94(2) (establishment of pledge), Section 
97(3) (surrender) and Section 99(1) and (3) (effects of registration) of the Patent Law 
shall apply mutatis mutandis to rights of non-exclusive use. 
(Right of corporation or association members) 
31bis. --(1) Members of a corporation or an association entitled to a collective 
trademark right under Section 7(1) (hereinafter referred to as "corporation or 
association members") shall have the right to use the collective trademark will! l(:~ 
designated goods or designated services in accordance with regulations set forth by thu 
corporation or association. However, where the trademark right is subject to a right (;1 
exclusive use, this provision shall not apply to the extent that the owner of that ris h~ 
has an exclusive right to use the registered trademark. 
(2) The right provided for in the principal sentence of the preceding subsection shall not. 
be transferred. IP/N/1/JPN/T/lIRev.l 
Page 25 
(3) For the purpose of Secti<;51l 24quater, Section 29, Section 50, Section 52bis, Section 
53 and Section 73, corporation or association members shall be deemed as an owner of 
the right of non· exclusive use. 
(4) For the purpose of Section 33(1)(iii) to collective trademark registrations, "a person 
who ... has a right of exclusive use with respect to the trademark right under the 
trademark registration that has been invalidated or a right of non-exclusive use which 
is effective, under Section 99(1) of the Patent Law as applied under Section 31(4) of this 
Law, against the trademark right or the right of exclusive use ... " in the Section 
33(1)(iii) shall read "a person who ... has a right of exclusive use with respect to the 
trademark right under the trademark registration that has been invalidated or a right 
of non-exclusive use \vhich is effective, under Section 99(1) of the Patent Law as applied 
under Section 31(4) of this Law, against the trademark right or the right of exclusive 
use or the corporation or association members who have the right to use the collective 
trademark." 
(Right to use trademark by virtue of prior use) 
32. ,-(1) Where, from a time prior to the filing by another person of a trademark 
application and without any intention of violating the rules offair competition, a person 
has been using in Japan the trademark in the application or a similar trademark in 
respect of the designated goods or designated services in the application, or in respect 
of similar goods or services, and, as a result, the trademark has become well known 
among consumers as indicating the goods or services as being connected with his 
business at the time of filing of the trademark application (or at the time of filing of the 
original trademark application or of submission of an amendment when the trademark 
application is deemed to have been filed at the time of submission of the amendment in 
accordance with Section 9quater of this Law or in accordance with Section 17ter(1) of 
the Design Law as applied under Section 17bis(1) of this Law or 55bis(2) (including its 
application under Section GObis(l) of this Law), such person shall have a right to llse 
the trademark in respect of said goods or services provided that he does so continuously. 
The same shall apply in the case of a person who has succeeded to the busiw:;62, 
concerned. 
(2) The owner of the trademark right or of a right of exclusive use may request the 
person having a right to use the trademark under the preceding subsection to mark his IP/N/lIJPN/T/lIRev.l 
Page 26 
goods or services with a suitable indication so as to prevent any confusion between the 
goods or services connected,'with the owner's business and those connected with the 
other person's business. 
(Right to use trademark due to use prior to registration of demand for 
invalidation trial) 
33. --(1) When a person coming within any of the paragraphs set out below has been 
using in Japan a registered trademark or a similar trademark in respect of the 
designated goods or designated services or similar goods or services, prior to the 
registration of a demand for a trial under Section 46(1), without knowing that a 
trademark registration falls under any of the paragraphs of the subsection referred to, 
and the trademark has become well known among consumers as indicating the goods or 
services as being connected with his business, such person shall have a right to use the 
trademark in respect of the goods or services provided that he does so continuously. 
The same shall apply in the case of a person who has succeeded to the business 
concerned: 
(i) the original .owner of the trademark right, where one of two or more trademark 
registrations granted for identical or similar trademarks to be used in respect of 
identical or similar designated goods or designated services has been invalidated; 
(ii) the original owner of the trademark right where his trademark registration has 
been invalidated and a trademark registration has been granted to the person entitled 
for identical or similar trademarks to be used on identical or similar designated goods 
or designated services; 
(iii) in the cases referred to in the two preceding paragraphs, a person who, at the time 
ofregistration ofthe demand for a trial under Section 46(1), has a right of exclusive use 
with respect to the trademark right under the trademark registration that has been 
invalidated Or a right of non-exclusive use which is effective, under Section 99(1) of the 
Patent Law as applied under Section 31(4) of this Law, against the trademark right or 
the right of exclusive use. 
(2) The owner of the trademark right or of the right of exclusive use shall have a right 
to a reasonable remuneration as consideration for the right of non· exclusive use ull'.k~r 
the preceding subsection. 
(3) Section 32(2) shall apply mutatis mutandis to Subsection (1). IP/N/lIJPN/T/lIRev.l 
Page 27 
(Right to use trademark after expiration of term of patent right, etc.) 
33bis ... (1) Where a patent t;ight under a patent application filed prior to or on the date 
of an application for registration of a trademark conflicts with the trademark right 
under that trademark application and the term of the patent right has expired, the 
patentee shall have the right to use to the extent of the original patent right, the 
registered trademark or other trademark similar thereto with respect to the 
designated goods or designated services covered by the trademark application or goods 
or services similar thereto. However, this provision shall apply only where the 
registered trademark is used without the intention of violating the rules of fair 
competitions. 
(2) Section 32(2) shall apply mutatis mutandis to the preceding subsection. 
(3) The provisions of the preceding two subsections shall apply mutatis mutandis where 
a utility model or design right under an application filed prior to or on the filing date of 
the trademark application conflicts with the trademark right under the trademark 
application and the term of the utility model or design right expired. 
33te1'. --(1) Where a patent right under a patent application filed prior to or on the 
filing date of the trademark application conflicts with a trademark right under that 
trademark application and the term of the patent right has expired, any person who 
has the exclusive license on the patent right or a non-exclusive license with respect to 
the patent right or its exclusive license with effects as provided under Section 99(1) of 
the Patent Law at the time of its expiration shall have the right to use, within the scope 
of the original patent right, the registered trademark or other trademark similar 
thereto with respect to the designated goods or designated services falling under the 
trademark application or goods or services similar thereto. Howe\'er, this provision 
shall apply only where the registered trademark is used without the intention of 
violating the rules of fair competition. 
(2) The provisions of Section 32(2) and Section 33(2) shall apply mutatis mutandis to 
the preceding subsection. 
(3) The provisions of the preceding two subsections shall apply mutatis mutandis where 
a utility model or design right under an application filed prior to or on the filing date of 
the trademark application conflicts with a trademark right under that trademark IP/NIlIJPN/T IlIRev.1 
Page 28 
application and the term of the utility model or design right has expired. 
(Pledges) 
34 ... (1) Where a trademark right or a right of exclusive or non-exclusive use is the 
subject of a pledge, the pledge may not use the registered trademark in respect of the 
designated goods or designated services except as otherwise provided by contract. 
(2) Section 96 (attachment) of the Patent Law shall apply mutatis mutandis to pledges 
on a trademark right or a right of exclusive or non-exclusive use. 
(3) Section 98(1)(iii) and (2) (effects of registration) of the Patent Law shall apply 
mutatis mutandis to pledges on a trademark right or a right of exclusive use. 
(4) Section 99(3) (effects of registration) of the Patent Law shall apply mutatis 
mutandis to pledges on a right of non-exclusive use. 
(Application mutatis mutandis of Patent Law) 
35 .. -Section 73 (joint ownership), Section 76 (extinguishment of patent right in 
absence of heir), Section 97(1) (surrender) and Section 98(1)(i) and (2) (effects of 
registration) of the Patent Law shall apply mutatis mutandis to trademark rights. In 
such a case, "transfer otherwise than by inheritance or other general succession ... " in 
Section 98(1)(i) of the Patent Law shall read "division or transfer otherwise than by 
inheritance or other general succession .... " 
2. Infringement 
(Inj unctions) 
36 .. -(1) The owner of a trademark right or of a right of exclusive use may require a 
person who is infringing or is likely to infringe the trademark right or right ofexcludi-"e 
use to discontinue or refrain from such infringement. 
(2) The owner of a trademark right or of a right of exclusive use who is acting under the 
preceding subsection may demand the destruction of the articles by which the act of 
infringement was committed, the removal of the facilities used for the act of 
infringement, or other measures necessary to prevent the infringement. (Acts deemed to be infringelJlent) IP/N/lIJPN/T/1/Rev.l 
Page 29 
37. --The following acts shall be deemed to be an infringement of a trademark right or 
of a right of exclusive use: 
(i) use of a trademark similar to the registered trademark in respect of the designated 
goods or designated services, or use of the registered trademark or of trademark 
similar thereto in respect of goods or services similar to the designated goods or 
designated services; 
(ii) acts of holding, for the purpose of assignment or delivery, designated goods, or goods 
which are similar to the designated goods or designated services and to which or on the 
packaging of which the registered trademark or a trademark similar thereto has been 
applied; 
(iii) acts of holding or importing articles \vhich are for use by persons to whom the 
services are provided and to which the registered trademark or a trademark similar 
thereto has been applied, in the provision of the designated services, or of services 
similar to the designated services or designated goods, for the purpose of using such 
articles in the provision of such services; 
(iv) acts of assigning or delivering articles which are for use by persons to whom the 
services are provided and to which the registered trademark or a trademark similar 
thereto has been applied, in the provision of the designated services, or services similar 
to the designated services or designated goods, for the purpose of causing such articles 
to be used in the provision of such services, or acts of holding or importing such articles 
for the purpose of assigning or delivering them; 
(v) acts of holding articles bearing a reproduction of the registered trademark or a 
trademark similar thereto for the purpose of using such trademark in respect of the 
designated goods or designated services or of goods or services similar thereto; 
(vi) acts of assigning or delivering, or of holding, for the purpose of assignment or 
delivery, articles bearing a reproduction of the registered trademark or a trademark 
similar thereto, for the purpose of causing such trademark to be used in respect of the 
designated goods or designated services or of goods or services similar thereto; 
(vii) acts of manufacturing or importing articles bearing a reproduction of the 
registered trademark or a trademark similar thereto for the purpose of using sHeh 
trademark, or causing it to be used, in respect of the designated goods or designated 
services or of goods or services similar thereto; 
(viii) acts of manufacturing, assigning, delivering or importing, in the course of trade, 
articles to be used exclusively for manufacturing goods bearing a reproduction of the IP/N/lIJPN/T/lIRev.1 
Page 30 
registered trademark or a similar trademark. 
(Presumption, etc. of amount of damage) 
38. --(1) Where the owner of a trademark right or of a right of exclusive use claims, 
from a person who has intentionally or negligently infringed the trademark right or 
right of exclusive use, compensation for damage caused to him by the infringement, the 
profits gained by the infringer through the infringement shall be presumed to be the 
amount of damage suffered by the owner. 
(2) The owner of a trademark right or of a right of exclusive use may claim, from a 
person who has intentionally or negligently infringed the trademark right or the right 
of exclusive use, an amount of money which he \vould normally be entitled to receive for 
the use of the registered trademark, as the amount of damage suffered by him. 
(3) The preceding subsection shall not preclude a claim to damages exceeding the 
amount referred to therein. In such a case, where there has been neither willfulness 
nor gross negligei1ce on the part of the person who has infringed the trademark right or 
the right of exclusive use, the court may take this into consideration when awarding 
damages. 
(Application mutatis mutandis of Patent Law) 
39. --Section 103 (presumption of negligence), Section 105 (production of documents) 
and Section lOG (measures for recovery of reputation) of the Patent Law shall apply 
mutatis mutandis to the infringement of a trademark right or a right of exclusive use. 
3. The Registration Fee 
(Registration fee) 
40. --(1) A person who obtains registration of a trademark shall pay the amount of 
6G,000 per case or this amount multiplied by the number of classes of the classific;: t jl)\1 
of goods and services (classes of the classification of goods and services prescribed by 
Cabinet Order referred to in Section 6(2), hereinafter referred to in the following 
subsections, Section 41bis, Section G5septies and Table attached as "classes of the 
classification of goods and services," that classes of the classification of goods and IP/N/1/JPN/T/1/Rev.1 
Page 31 
services to which the designated goods or designated services belong as a registration 
fee. 
(2) A person who applies for registration of renewal of the term of a trademark right 
shall pay the amount of 151,000 yen per case or this amount multiplied by the number 
of classes of the classification of goods and services covered as a registration fee. 
(3) The two preceding subsections shall not apply to trademark rights belonging to the 
State. 
(4) The payment of the fee under Subsection (1) or (2) shall be made by patent revenue 
stamps as prescribed by an ordinance of the Ministry of International Trade and 
Industry. However, wherever so prescribed by an ordinance of the Ministry of 
International Trade and Industry, such payment may be made in cash. 
(Time limit for payment of registration fee) 
41. --(1) The registration fee under Section 40(1) shall be paid within 30 days from the 
date of the transmittal of the examiner's decision or trial decision that the trademark 
registration is to be effected. 
(2) Upon the request of a person liable to pay a registration fee, the Commissioner of 
the Patent Office may extend the period prescribed in the preceding subsection by a 
period not exceeding 30 days. 
(3) A registration fee as prescribed in Section 40(2) shall be paid at the time of a request 
for registration of renewal. 
(Payment of registration fee in installments) 
41bis. --(1) Notwithstanding Section 40(1), a person who obtains registration of a 
trademark right may pay the prescribed registration fee in installments. In this case, 
the amount of 44,000 yen per case or this amount multiplied by the number of classe:::; (A' 
the classification of goods and services shall be paid for each case within 30 dayo froill 
the date of the transmittal of the examiner's decision or trial decision that the 
trademark is to be registered and also the amount of 44,000 yen per case or this 
amount multiplied by the number of classes of the classification of goods and services 
for each case by the end offive years before the expiration of the term of the trademark IP IN I lIJPN IT I lIRev.1 
Page 32 
right. 
(2) NObvithstanding Section 40(2), a person who makes a request for registration of 
renewal may pay the prescribed fee in installments. In this case, the amount of 101,000 
yen per case or this amount multiplied by the number of classes of the classification of 
goods and services shall be paid for each case at the time of a request for registration of 
renewal and also the amount of 101,000 per case or this amount multiplied by the 
number of classes of the classification of goods and services by the end of five years 
before the expiration of the term of the trademark right. 
(3) Where the owner of a trademark right is unable to pay the registration fee due to be 
paid by the end of five years before the expiration of the trademark right under 
Subsection (1) or (2), he may pay the registration fee belatedly within six months after 
the expiration of that time limit. 
(4) When the owner of a trademark right fails to pay, within a period during which he 
may make a delayed payment of the prescribed registration fee under the preceding 
subsection, a registration fee due to be paid by the end of five years before the 
expiration of a trademark right and a surcharge under Section 43(3), the trademark 
right shall be deemed to have been extinguished retroactive to the date of the end of 
five years before its expiration. 
(5) Subsection (3) and (4) of Section 40 shall apply mutatis mutandis to Subsections (1) 
and (2). 
(6) Section 41(2) shall apply mutatis mutandis to the payment of a registration fee due 
to be paid within 30 days from the transmittal of the examiner's decision or the trial 
decision to a trademark is to be registered. 
(Payment of registration fee by an interested person) 
4lter. --(1) Any interested person may pay a registration fee (excluding a registration 
fee due to be paid at the time of a request for registration of renewal) even against an 
will of the person liable to pay the registration fee. 
(2) An interested person who has paid a registration fee under the preceding subsection 
may demand reimbursement of the expenditure to the extent that the person liable to pay is actually making a profit. 
(Refund of registration fee) IP/N/1/JPN/T/lIRev.l 
Page 33 
42. --(1) A registration fee paid shall be refunded on the request of the person making 
the payment where it falls under any of the following paragraphs: 
(i) registration fee paid by mistake or in excess; 
(ii) registration fee due to be paid by the end of five years before the expiration of a 
trademark right under Section 41bis(1) or (2) (only in case where a ruling to revoke 
under Section 43ter(2) or a trial decision or a retrial decision that the trademark 
registration is to be invalidated 
has become final and conclusive by the end of five years before the expiration of the 
trademark right). 
(2) No refund of a registration fee under the preceding subsection may be requested 
after one year from the date of payment in the case of a registration fee prescribed 
under Paragraph (i) above, or after six months from the date on which a ruling to 
revoke under Section 43ter(2) or a trial decision or a retrial decision became fmal and 
conclusive in the case of a registration fee under Paragraph (ii) above. 
(Surcharge registration fee) 
43. --(1) A person who make a request for registration of renewal of a trademark right 
under Section 20(3) or Section 21(1) shall pay, in addition to a registration fee due to be 
paid under Section 40(2), a surcharge equivalent in amount to the registration fee. 
(2) In the case where Section 41bis(2) is applicable, a person as prescribed in the 
preceding subsection shall pay, in addition to a registration fee due to be paid at the 
time of an application for registration of renewal of a trademark right under Section 
41bis(2), a surcharge equivalent in alllount to the registration fee. 
(3) In the case where Section 41bis(3) is applicable, the owner of a trademark right 
shall pay, in addition to a registration fee due to be paid by the end of five years before 
the expiration of the trademark right under Section 41bis(1) or (2), a surcharge 
equivalent in amount to the registration fee. 
(4) The payment of the surcharge under the preceding three subsections shall be made IP/N/lIJPN/T/lIRev.1 
Page 34 
by revenue stamps as prescribed by an ordinance of the Ministry of International Trade 
and Industry. However, wherever so prescribed by an ordinance of the Ministry of 
International Trade and Industry, such payment may be made in cash. 
Chapter IVbis --Opposition to Registration 
(Opposition to registration) 
43bis. --Only within two months from the publication of the Gazette containing the 
trademark, any person may file with the Commissioner of the Patent Office an 
opposition to a trademark registration on the grounds that the trademark registration 
falls under any of the undermentioned paragraphs. In such an event, if two or more 
items of designated goods or designated services are covered by the trademark 
registration, the opposition may be filed with respect to each of such designated goods 
or designated services. That is: 
(i) where the trademark registration has been effected contrary to Section 3, 4(1), 8(1), 
(2) or (5),51(2) (including its application under Section 52bis(2», 53(2) or Section 25 of 
the Patent Law as applied under Section 77(3); 
(ii) where the trademark registration has been effected contrary to the provisions of 
a treaty. 
(Ruling) 
43ter. --(1) A trial concerning an opposition and a ruling thereon shall be conducted by 
a collegial body of three or five trial examiners. 
(2) Where it is found that the trademark registration concerned in the opposition falls 
under any of the paragraphs ofthe preceding section, the trial examiners shall render a 
ruling that the trademark registration is to be revoked (hereinafter referred to as the 
"ruling to revoke"). 
(3) Where a ruling to revoke has become final and conclusive, the trademark right shall 
be deemed never to have existed. 
(4) Where it is not found that the trademark registration in the opposition falls under 
any of the paragraphs of the preceding section, the trial examiners shall render a ruling 
that the trademark registration is to be maintained. (5) No appeal shall lie from a ruling under Subsection (4). 
(Formal requirements of a written opposition, etc.) IP/N/lIJPN/T/lIRev.l 
Page 35 
43quater. --(1) A person filing an opposition to a trademark registration shall submit a 
written opposition to the Commissioner of the Patent Office stating the following: 
(i) the name and the domicile or residence of the opponent and his representative; 
(ii) an identification of the trademark registration concerned in the opposition; 
(iii) the grounds of the opposition and an indication of the supporting evidence. 
(2) An amendment of the written opposition submitted under the preceding subsection 
shall not change the gist thereof. However, this shall not apply to an amendment made 
to the matter prescribed in Paragraph (iii) of the preceding subsection before a lapse of 
30 days after the expiration of the time limit prescribed in Section 43bis. 
(3) The Commissioner ofthe Patent Office may, for the benefit of a person residing in a 
place that is remote or difficult of access, extend upon request or ex officio the period 
prescribed in the preceding subsection. 
(4) The trial examiner-in-chief shall transmit a copy of the \vritten opposition to the 
owner of the trademark right. 
(5) Section 4G(3) shall apply mutatis mutandis where the opposition has been filed. 
(Designation of trial examiners, etc.) 
43quinquies. _. Sections 13G(2) and 137 to 144 of the Patent Law as applied under 
Section 56(1) shall apply mutatis mutandis to the collegial body under Section 43ter(1) 
and trial examiners constituting thereof. 
(Conduct of trial examination, etc.) 
43sexies. .. (1) The trial examination of the opposition shall be conducted by 
documentary examination. However, the trial examiner-in-chief may decide to conduct 
the trial by oral trial on a motion by the owner of the trademark right, an opponent or 
an intervenor, or ex officio. 
(2) Sections 145(3) and (4), 14G and 147 of the Patent Law as applied under Section 
5G(1) of this Law shall apply mutatis mutandis to the oral examination in accordance JP IN 11 IJPN IT 11 IRev.1 
Page 36 
with the proviso to the preceding subsection. 
(3) Where there is a ground for interruption or suspension of the trial proceedings of an 
opposition and ruling thereon on the part of one of the joint owners of a trademark 
right, the interruption or suspension shall have effect on all of them. 
(Intervention) 
43septies. --(1) Any person who has a right with respect to the trademark right or any 
other person who has an interest in the trademark right may intervene in the trial 
examination, in order to assist the owner of the trademark right until the ruling on the 
opposition. 
(2) Sections 148(4) and (5) and 149 of the Patent Law as applied under Section 56(1) of 
this Law shall apply mutatis mutandis to the intervenor under the preceding 
subsection. 
(Taking of evidence and preservation thereof) 
430cties. --Sections 150 and 151 of the Patent Law as applied under Section 56(1) of 
this Law shall apply mutatis mutandis to the examination and preservation of evidence 
in a trial examination of opposition. In such a case, the last sentence in Section 151 of 
the Patent Law shall read in such a case, "the facts that the party admitted in court 
and the obvious facts therein" in Section 257 of the Code of Civil Procedure and "deposit 
the security money of ... the truthfulness of the assertion" in Section 267 (2) of said Code 
shall read, respectively, "the obvious facts" and "truthfulness of the assertion" and 
"where trial court cannot get a conviction by the examination of evidence" in Section 
336 of said Code shall read "the trial examiner-in-chief." 
(Trial examination ex officio) 
43novies. --(1) In a trial examination of an opposition, even the grounds that have not 
been pleaded by the owner of a trademark right, an opponent or intervenor may be 
examined. 
(2) In a trial examination of an opposition, only the designated goods or designated 
services challenged by the opponent may be considered in the trial examination. (Combination or separation of trial examination) IP/N/lIJPN/T/lIRev.1 
Page 37 
43decies. --(1) Trial examinations of two or more oppositions concerning the same 
trademark right shall be combined, unless special circumstances exist. 
(2) Trial examinations that have been combined under the preceding subsection may 
later be conducted separately. 
(Withdrawal of oppositions) 
43undecies. --(1) An opposition to the trademark registration may not be withdrawn 
after the notification under Section 43duodecies. 
(2) Section 155(3) of the Patent Law as applied under Section 56(2) of this Law shall 
apply mutatis mutandis to the withdrawal of the opposition. 
(Notification of reasons for revocation) 
43duodecies. --When the trial examiner-in-chief intends to render a ruling to revoke, 
he shall notify the owner of the trademark right and intervenor of the reasons for 
revocation of the trademark registration and give them an opportunity to submit a 
statement of their arguments, designating an adequate time limit. 
(Formal requirements of ruling) 
43terdecies. --(1) The ruling on the opposition shall be in writing and shall state 
particulars mentioned below, and the trial examiners who have rendered the ruling 
shall have their names and seals affixed thereto: 
(i) the number of the opposition case; 
(ii) the name and the domicile or residence of the owner of the trademark right, 
opponent and intervenor as well as of their representatives; 
(iii) the identification of the registered trademark relating to the ruling; 
(iv) the conclusions of the ruling and the reasons therefor; 
(v) the date of the ruling. 
(2) Once the ruling has been rendered, the Commissioner of the Patent Office shall 
transmit it to the owner of the trademark right, an opponent, intervenor and persons 
whose demand to intervene has been refused. 
(Application mutatis mutandis of provisions on trial) IP/N/I/JPN/T/I/Rev.l 
Page 38 
43quater decies. --(1) Sections 133, 133bis, 134(4), 135, 152, 168, 169(3) to (6) and 170 
of the Patent Law as applied under Section 56(1) of this Law shall apply mutatis 
mutandis to the trial examination of the opposition and the ruling thereon. 
(2) Section 43ter(5) of this Law shall apply mutatis mutandis to the ruling under 
Section 135 of the Patent Law as applied under the preceding subsection. 
Chapter V --Trial 
(Trial against examiner's decision of refusal) 
44. --(1) A person who has received the examiner's decision that his application is to be 
refused and is dissatisfied may demand a trial thereon within 30 days from the 
transmittal of the examiner's decision. 
(2) Where, due to reasons outside his control, a person is unable to demand a trial 
under the prec~ding subsection within the time limit prescribed therein, he may, 
notwithstanding that subsection, make the demand within 14 days (where he is a 
resident abroad, within two months) from the date when the reason ceased to be 
applicable but not later than six months following the expiration of the said time limit. 
(Trial against ruling to decline amendment) 
45. --(1) A person who has received a ruling to decline an amendment under Section 
16bis(1) and is dissatisfied may demand a trial thereon within 30 days from the 
transmittal of the ruling. However, this provision shall not apply when a new 
application for trademark registration has been filed under Section 17ter(l) of the 
Design Law as applied under Section 17bis(1) of this Law. 
(2) Section 44(2) shall apply mutatis mutandis to the demand for a trial under the 
preceding subsection. 
(Trial for invalidation of trademark registration) 
46. --(1) In the following cases, a trial may be demanded for the invalidation of a 
trademark registration. In such event, if two or more items of designated goods or 
designated services are covered by the trademark registration, the trial may be 
demanded with respect to each of such designated goods or designated services: IP/N/1/JPN/T/lIRev.l 
Page 39 
(i) where the registration has been effected contrary to Section 3, 4(1), 8(1), (2) or (5), 
51(2) (including its application under Section 52bis(2» or 53(2) or to Section 25 of the 
Patent Law as applied under Section 77(3) of this Law; 
(ii) where the registration has been effected contrary to the provisions of a treaty; 
(iii) where the registration has been effected in respect of a trademark application filed 
by a person who has not succeeded to the right deriving from the trademark 
application; 
(iv) where, after the registration, the owner of the trademark right has become a person 
who can no longer enjoy such right under Section 25 of the Patent Law as applied under 
Section 77 (3) of this Law or the registration no longer complies with a treaty; 
(v) where, after the registration, the registered trademark has become a trademark 
falling under Section 4(1)(i) to (iii), (v), (vii) or (xvi). 
(2) Even after the extinguishment of a trademark right, a trial under the preceding 
subsection may be demanded. 
(3) Where a trial under Subsection (1) has been demanded, the trial examiner-in-chief 
shall notify the owner of a right of exclusive use with respect to the trademark right 
and other persons who have any registered rights relating to the trademark 
registration. 
46bis. --(1) Where a trial decision that the trademark registration is to be invalidated 
has become final and conclusive, the trademark right shall be deemed never to have 
existed. However, where a trademark registration falls under Section 46(1)(iv) or (v) 
and a trial decision that the trademark registration is to be invalidated has become 
final and conclusive, the trademark right shall be deemed not to have existed from the 
time when the trademark registration came to fall under the application of Section 
46(1)(iv) or (v). 
(2) In such a case, where a time on which the registered trademark came to fall under 
Section 4G(1)(iv) or (v) cannot be established, the trademark right shall be deemed llf)t 
to have existed from the date of the registration of a demand for a trial to invalidate the 
trademark registration. 
47. --Where a trademark registration has been effected contrary to Section 3, 4(1)(viii) IP/N/lIJPN/T/lIRev.1 
Page 40 
or (xi) to (xiv) or 8(1), (2) or (5), contrary to Section 4(1)(x) or (xvii) (except where 
registration was obtained with the intention of violating the rules of fair competition or 
contrary) to Section 4(1)(xv) (except where the registration was obtained for unfair 
intention), or where a trademark registration falls under Section 4G(l)(iii), a trial on 
the trademark registration may not be demanded under Section 4G( 1) after five years 
from the registration of the establishment of the trademark right. 
(Trial for cancellation of trademark registration) 
50. --(1) Where neither the owner of the trademark right nor the owner of a right of 
exclusive use nor the owner of a right of non-exclusive use has been continuously using, 
in Japan for three years or more, the registered trademark (including a trademark 
consisting of identical characters only with their fonts modified, trademarks which, 
\vith their indication mutually replaced in character of hiragana and katakana 
(Japanese phonetic characters) and Latin alphabet may imply an identical 
pronunciation or concept, a trademark consisting of figures common in appearance and 
other trademarks regarded to be generally accepted as identical with the registered 
trademark --h~reinafter referred to in this Section as "registration trademark") in 
respect of each item of the designated goods or designated services, any person may 
demand a trial for the cancellation of registration of the trademark with respect to such 
designated goods or designated services. 
(2) In the case where a trial under the preceding subsection has been demanded, unless 
the defendant can prove that either the o\vner of the trademark right or the owner of a 
right of exclusive use or the owner of a right of non-exclusive use has used in Japan 
within three years prior to the registration of the demand for the trial the registered 
trademark in respect of any item of the designated goods or designated services to 
which the demand referred to relates, the owner of the trademark shall not avert the 
cancellation of the registered trademark for the designated goods or designated 
services. However, this provision shall not apply where the defendant justifies that 
there are legitimate reasons for the failure to use the registered trademark in respect 
of the designated goods or designated services. 
(3) Where a registered trademark of which the cancellation trial has been demanded 
under Subsection (1) is used by the owner of the trademark right or the owner of a right 
of its exclusive use or its non-exclusive use in respect of the designated goods or 
designated services to which the demand referred to relates from three months before cl IP/N/lIJPN/T/lIRev.1 
Page 41 
demand for such cancellation till the date of the registration of the demand, such a use 
of the registered trademark ,shall not fall under the use of the registered trademark 
, 
referred to in Subsection (1) provided that the demandant proves that the registered 
trademark was used with the knowledge that the cancellation trial for the registered 
trademark had been demanded. However, this provision shall not apply where the 
defendant justifies that there are legitimate reasons for such use of the registered 
trademark. 
51. --(1) Where the owner of the trademark right intentionally uses a trademark 
similar to the registered trademark in respect of the designated goods or designated 
services, or intentionally uses the registered trademark or similar trademark in 
respect of goods or services similar to the designated goods or designated services in a 
way which may be misleading as to the quality of the goods or services or which may 
cause confusion with goods or services connected with any other person's business, any 
person may demand a trial for the cancellation of the trademark registration. 
(2) Where a trademark registration has been canceled under the preceding subsection, 
the former owner of the trademark right may not obtain a trademark registration of 
the same or a similar trademark, for the designated goods or designated services 
covered by the trademark registration or for goods or services similar thereto, until five 
years have elapsed since the date when the trial decision ordering cancellation became 
final and conclusive. 
52. --The trial under Section 51(1) may not be demanded after five years from the date 
on which the owner of a trademark right ceased to use the trademark in the manner 
referred to in that subsection. 
52bis. --(1) Where, as a result of the transfer of a trademark right, the trademark right 
to 
a similar registered trademark that is used for identical goods or services or the 
identical or similar registered trademark that is used for similar goods or services 
comes to belong to a different owner and where the use of one registered tradem~'p'k h:' 
its owner is use, with an intention of violating the rules of fair competition, of the 
registered trademark for its designated goods or designated services in a way which 
may cause confusion with goods or services connected with the business of the owner of 
other registered trademark or the owner of the right of its exclusive or non· exclusive IP/N/lIJPN/T/lIRev.l 
Page 42 
use, any person may demand a trial for the cancellation of the trademark registration. 
(2) Sections 51(2) and 52 shall apply mutatis mutandis to the trial under Subsection 
(1). 
53. --(1) Where the owner of a right of exclusive or non-exclusive use uses the 
registered trademark or a similar trademark in respect of the designated goods or 
designated services or goods or services similar thereto in a way which may be 
misleading as to the quality of the goods or services or which may cause confusion with 
goods or services connected with any other person's business, any person may demand 
a trial for the cancellation of the trademark registration. However, this provision shall 
not apply where the owner of the trademark right was both unaware of the fact and 
taking appropriate care. 
(2) Where a trademark registration has been canceled under the preceding subsection, 
the former owner of the trademark right and the former owner of the right of exclusive 
or non-exclusive .use who had used the mark in the way referred to in the preceding 
subsection may not obtain a trademark registration of the registered trademark or a 
similar trademark, for the designated goods or designated services covered by the 
trademark registration or for goods or services similar thereto, until five years have 
elapsed since the date when the trial decision ordering cancellation became final and 
conclusive. 
(3) Section 52 shall apply mutatis mutandis to the trial under Subsection (1). 
53bis. --Where a registered trademark is the trademark of a person who has the right 
to the trademark in a country party to the Paris Convention or a I'vlember of the World 
Trade Organization or a contracting party to the Trademark Law Treaty (but only 
where such right is equivalent to the trademark right) or is similar to such a trademark, 
and the goods or services relating to such right or similar goods or sen'ices have been 
made the designated goods or designated services, and moreo\'er the trademark 
application concerned was made, without a legitimate reason and without the 
authorization of the person who has the right to the trademark, by his agent or 
representative or by a person who was his agent or representative at any time during 
the year preceding the filing date of the application, the person who has the right to the 
trademark may demand a trial for the cancellation of its registration, IP/N/1/JPN/T/1/Rev.1 
Page 43 
53ter. --'l'he trial under Se5'tion 53bis may not be demanded after five years from the 
registration of the establishment of the trademark right. 
54. --(1) When a trial decision ordering cancellation of a trademark registration has 
become final and conclusive, the trademark right shall from that moment become 
extinguished. 
(2) Notwithstanding the preceding subsection, a trademark right shall be deemed to 
have extinguished on the date of registration of a demand for the trial where the trial 
decision that a trademark registration is to be cancelled has become final and 
conclusive on the trial under Section 50(1). 
55. --Section 46(3) shall apply mutatis mutandis to the trials demanded under Sections 
50(1), 51(1), 52bis(1), 53(1) and 53bis. 
(Special provisions for trials against examiner's decision of refusal) 
55bis. --(1) Section 15bis and 15ter of this Law shall apply mutatis mutandis where a 
reason for refusal which was not contained in the examiner's decision is found in the 
trial under Section 44(1). 
(2) Sections 16bis of this Law and Section 17ter of the Design Law shall apply mutatis 
mutandis to a trial under Section 44(1) of this Law. In such a case, "has demanded a 
trial under Section 45(1)" in Section 16bis(4) shall read "has instituted an action under 
Section 63(1)." 
(Application mutatis mutandis of Patent Law) 
56. --(1) Sections 131(1) and (2),132 to 133bis, 134(1), (3) and (4),135 to 154,155(1) and 
(2), 156 to 158, 160(1) and (2), 161 and 167 to 170 (effects of trial decision, demands for 
trial, trial examiners, trial proceeding, relationship with litigation and costs of trial) of 
the Patent Law shall apply lllutatis mutandis to trials under this Law. In such a case, 
"Section 123(1) or 125bis(1)" in Sections 132(1), 145(1), 167 and 169(1) of the PatenL 
Law shall read "Section 46(1), 50(1), 51(1), 52bis(1), 53(1) or 53bis of the Trademark 
Law," and "Section 121(1)" in Section 161, and "Section 121(1) or 126(1)" in Section 
169(3) of the Patent Law shall read "Section 44(1) or 45(1) of the Trademark Law." IP/N/lIJPN/T/lIRev.l 
Page 44 
(2) Section 155(3) (withdrawal of demand for trial) of the Patent Law shall apply 
mutatis mutandis to the trigl under Section 46(1). 
(Application mutatis mutandis of Design Law) 
56bis. --Section 51 of the Design Law shall apply mutatis mutandis to a trial under 
Section 45(1) of this Law. 
Chapter VI .-Retrial and Litigation 
(Demand for retrial) 
57. --(1) Any party may demand a retrial against a final and conclusive ruling to revoke 
or a final and conclusi.ve trial decision or retrial decision. 
(2) Sections 420(1) and (2) and 421 (grounds for retrial) of the Code of Civil Procedure 
(Law No. 29 of 1890) shall apply mutatis mutandis to demands for a retrial under the 
preceding subse~tion. 
58. --(1) Where the demandant and the defendant in a trial have in collusion caused a 
trial decision to be rendered, with the purpose of injuring the rights or interest of a 
third person, such person may demand a retrial against the final and conclusive trial 
decision. 
(2) In such a retrial, the demandant and the defendant shall be made joint defendants. 
(Restriction on effects of trademark right restored by retrial) 
59. --Where a trademark right relating to a revoked or invalidated or canceled 
trademark registration has been restored through a retrial, the effects of the 
trademark right shall not extend to the following acts: 
(i) the use in good faith of the registered trademark in respect of the designated good~; 
or designated services after the ruling to revoke or the trial or retrial decision becam8 
final and conclusive but before the registration of the demand for a retrial; 
(ii) the acts mentioned in each paragraph of Section 37 performed in good faith after the 
ruling to revoke or the trial or retrial decision became final and conclusive but before 
the registration of the demand for a retrial. IP/N/1/JPN/T/1/Rev.l 
Page 45 
GO. --(1) Where a trademark right relating to a revoked or invalidated or canceled 
trademark registration has heen restored through a retrial, or where the establishment 
of a trademark right under a trademark application which was refused by a trial or 
retrial decision, has been registered through a retrial, and where a person has, in good 
faith, been using the registered trademark in Japan or a trademark similar thereto on 
the designated goods or designated 
services or goods or services similar thereto after the ruling to revoke or the trial or 
retrial decision became final and conclusive but before the registration of the demand 
for a retrial and, as a result, the trademark has become well-known among consumers 
as indicating the goods or services as being connected with his business at the time of 
registration of the demand for a retrial, such person shall have a right to use the 
trademark in the goods or services provided that he does so continuously. The same 
shall apply in the case of a person who has succeeded to the business concerned. 
(2) Section 32(2) shall apply mutatis mutandis to the preceding subsection. 
GObis. --(1) Section 55bis shall apply mutatis mutandis to a retrial against the final and 
conclusive trial decision on a trial under Section 44(1). 
(2) Section 5Gbis shall apply mutatis III utandis to a retrial against the final and 
conclusive trial decision on a trial under Section 45(1). 
(Application mutatis mutandis of Patent Law) 
G 1. --Section 173 (time limit for demand for retrial) and Section 174(3) and (5) 
(application of provisions on trial, etc.) of the Patent Law shall apply mutatis mutandis 
to retrials under this Law. In such a case, "Section 123(1) or 125bis(1)" in Section 
174(3) of the Patent Law shall read "Section 46(1), 50(1), 51(1), 52bis(1), 53(1) or 53bis 
of the Trademark Law." 
(Application mutatis mutandis of Design Law) 
G2. --(1) Section 58(2) of the Design Law shall apply mutatis mutandis to a reti'i<\] 
against the final and conclusive trial decision on a trial under Section 44(1) of this Law. 
(2) Section 58(3) of the Design Law shall apply mutatis mutandis to a retrial against 
the final and conclusive trial decision on a trial under Section 45(1) of this Law. IP/N/1/JPN/T/IlRev.l 
Page 46 
(Actions against trial decisions, etc.) 
63 ... (1) An action against a ruling to revoke or a trial decision or a ruling to decline an 
amendment under Section 16bis(1) as applied under Section 55bis(2) (including its 
application under Section 60bis(1» or an action against a ruling of dismissal of a 
written opposition or a demand for a trial or retrial shall come under the exclusive 
jurisdiction of the Tokyo High Court. 
(2) Section 178(2) to (6) (time limit for institution of action, etc.) and Sections 179 to 182 
(defendant in the action, notification of institution of action, annulment of trial 
decisions or ruling, and sending of certified copy of judgment) of the Patent Law shall 
apply mutatis mutandis to actions under the preceding subsection. In such a case, 
"Section 123(1) or 125(1)" in Section 179 of the Patent Law shall read "Section 46(1), 
50(1),51(1), 52bis(1), 53(1) or 53bis of the Trademark Law." 
(Relationship between administrative appeal and litigation) 
63bis .. -Section 184bis (relationship between administrative appeal and litigation) of 
the Patent Law shall apply mutatis mutandis to actions for the annulment of measures 
(with the exception of measures under Section 77(7» taken under this Law or an order 
or ordinance thereunder. 
Chapter VII .-Defensive Marks 
(Registrability of defensive marks) 
64. _. (1) The owner of a trademark right may, when his registered trademark in 
respect of goods has become well-known among consumers as indicating the designated 
goods as being connected with his business and when the use of the registered 
trademark by any other person in respect of goods other than the designated gouds 
covered by the registered trademark and goods similar thereto or services similar to 
the designated goods is likely to cause confusion between such goods or services ,met the 
designated goods in connection with his business, obtain a defensive mark regi.straLion 
of a mark identical with the registered trademark with respect to goods or services for 
which such possibility of confusion exists. 
(2) The owner of a trademark right lUay, when his registered trademark in respect of IP/N/lIJPN/T/1/Rev.1 
Page 47 
services has become well known among consumers as indicating the designated 
services as being connected: with his business and when the use of the registered 
trademark by any other person in respect of services other than the designated services 
covered by the registered trademark and services similar thereto or goods similar to 
the designated services is likely to cause confusion between such services or goods and 
designated services in connection with his business, obtain a defensive mark 
registration of a mark identical with the registered trademark with respect to services 
or goods for which such possibility of confusion exists. 
(Conversion of applications) 
65. ee (1) An applicant may convert his application for trademark registration into an 
application for registration of a defensive mark. 
(2) An application may not be converted under the preceding subsection after the 
examiner's decision or the trial decision with respect to the application has become 
final and conclusive. 
(3) Sections 10(2) and 11(4) shall apply mutatis mutandis to the conversion of an 
application under Subsection (1). 
(Term of right based on defensive mark registration) 
65bis. ee (1) The term of a right based on a defensive mark registration shall be 10 years 
from the date of the registration of its establishment. 
(2) The term of a right based on a defensive mark registration may be renewed by 
making a request for registration of a renewal of its registration. However, this 
provision shall not apply where the registered defensive mark has become not 
registrable under Section 64. 
(Registration of renewal of term ofright based on defensive mark registration) 
65ter. ee (1) Any person desiring registration of renewal ofthe term of a right based on a 
defensive mark registration shall submit a request to the Commissioner of the Patent 
Office, stating the following: 
(i) the name and the domicile or residence of the applicant; 
(ii) the registration umber of the defensive mark; 
(iii) other necessary particulars as prescribed by an ordinance of the Ministry of IP/N/lIJPN/T/lIRev.l 
Page 48 
International Trade and Industry. 
(2) An application for registration of the renewal shall be made within a six month prior 
to the date of the expiration of the term. 
(3) Where a person desiring registration of renewal of a right based on a defensive mark 
registration has been unable to make an application for registration of renewal of that 
right within the time limit allowing him to make such application under the preceding 
subsection due to reasons outside his control, he may make such application within 14 
days (where he is a resident abroad, two months) from the date on which the reasons 
ceased to be applicable but not later than six months following the expiration of the 
said time limit. 
(4) When an application has been made for registration of renewal of the term of the 
right based on a defensive mark registration, the term shall be deemed to have been 
renewed upon expiration of the term (or, in case of an application under the preceding 
subsection, on the filing date of such application). However, this provision shall not 
apply when the examiner's decision or trial decision that the application is to be refused 
has become final and conclusive or when renewal of the term of the right based on a 
defensive mark registration has been registered. 
65quater. --(1) Where an application for registration of renewal of a right based on a 
defensive mark registration falls under any of the following paragraphs, the examiners 
shall make a decision that the application is to be refused. 
(i) the registered defensive mark in such application has become not registrable under 
Section 64; 
(ii) the applicant is not the owner of the right based on the defensive mark registration. 
(2) Where the examiner finds no reasons for refusing an application for registration of 
renewal, he shall make a decision that the renewal is to be registered. 
65quinquies. --Section 14 and 15bis of this La \V, Sections 48 (exclusion of examiners) 
and 52 (formal requirements of decision) of the Patent Law shall apply mutatis 
lllutandis to an examination of an application for registration of renewal of a right 
based on a defensive mark registration. IP/N/lIJPN/T/lIRev.1 
Page 49 
(Registration of renewal of t~nn of right based on defensive mark registration) 
G5sexies. --(1) When a registration fee under Section 65septies(2) has been paid, the 
renewal of the term of the right based on the defensive mark registration shall be 
registered. 
(2) Upon the registration under the preceding subsection, the following shall be 
published in the Trademark Gazette. 
(i) the name and the domicile or residence of the owner of the right based on the 
defensive mark registration; 
(ii) the registration number and the date of renewal registration; 
(iii) other necessary particulars. 
(Registration fees) 
G5septies. --(1) A person who obtains registration of a right based on a defensive mark 
registration shall pay the amount of GG,OOO yen per case or this amount multiplied by 
the number of classes of the classification of goods and services as a registration fee. 
(2) A person obtaining registration of renewal of the term of a right based on a 
defensive mark registration shall pay the amount of 130.000 yen per case or this 
amount multiplied by the number of classes of the classification of goods and services 
covered, as a registration fee. 
(3) Section 40(3) and (4) shall apply mutatis mutandis to the preceding two subsections. 
(Time limit for payment of registration fees) 
G50cties. --(1) The registration fee under Section G5septies(1) shall be paid within 80 
days from the date of the transmittal of the examiner's decision or the trial decision 
that the defensive mark is to be registered. 
(2) The registration fee under Section 65septies(2) shall be paid within 30 days fl'Cllrl t 1·, 
date of the transmittal of the examiner's decision or a trial decision that the renewal of 
a right based on a defensive mark registration is to be registered (where such 
transmittal is made before the date of the expiration of the term of a right based on a 
defensive mark registration, the date of the expiration of the term). IP/N/lIJPN/T/lIRev.1 
Page 50 
(3) Upon the request of a P!1rson liable to pay a registration fee, the Commissioner of 
the Patent Office may extend the period prescribed in the preceding two subsections by 
a period not exceeding 30 days. 
(Payment of registration fee by an interested person) 
65novies. --(1) Any interested person may pay a registration fee prescribed in Section 
65septies(1) or (2) even against the will of the person liable to pay the registration fee. 
(2) An interested person who has paid a registration fee under the preceding subsection 
may demand reimbursement of the expenditure to the extent that the person liable to 
pay the registration fee is actually making a profit. 
(Refund of registration fee paid by mistake or in excess) 
65decies. --(1) A registration fee paid by mistake or 111 excess under Section 
G5septies(1) or (2) shall be refunded on the request of the person making the payment. 
(2) No refund of a registration fee under the preceding subsection may be requested 
after one year from the date of payment. 
(Dependence of right based on defensive mark registration) 
GG. --(1) The right based on a defensive mark registration shall be extinguished if the 
principal trademark right has been divided. 
(2) The right based on a defensive mark registration shall be transferred together with 
the principal trademark right if the principal trademark right is transferred. 
(3) The right based on a defensive mark registration shall be extinguished if the 
principal trademark right is extinguished. 
(Acts deemed to be an infringement) 
67. --The following acts shall be deemed to be an infringement of the principal 
trademark right or a right of exclusive use: 
(i) use of a registered defensive mark in respect of the designated goods or designated services; IP/N/lIJPN/T/lIRev.1 
Page 51 
(ii) acts of holding, for the p}lrpose of assignment or delivery, the designated goods on 
which or on the packaging of which the registered defensive mark has been applied; 
(iii) acts of holding or importing articles which are for use by persons to whom the 
services are provided and to which the registered defensive mark has been applied, in 
the provision of the designated services, for the purpose of using such articles in the 
provision of such services; 
(iv) acts of assigning or delivering articles which are for use by persons to whom the 
services are provided and to which the registered defensive mark has been applied, in 
the provision of the designated services, for the purpose of causing such articles to be 
used in the provision of such service, or acts of holding or importing such articles for the 
purpose of assigning or delivering them; 
(v) acts of holding goods bearing a reproduction of the registered defensive mark for the 
purpose of using such a mark in respect of the designated goods or designated services; 
(vi) acts of assigning or delivering, or of holding for the purpose of assignment or 
delivery, goods bearing a reproduction of the registered defensive mark, for the purpose 
of causing such defensive mark to be used in respect of the designated goods or 
designated services; 
(vii) acts of manufacturing or importing goods bearing a reproduction of the registered 
defensive mark for the purpose of using such defensive mark, or causing it to be used, 
in respect of the designated goods or designated services. 
(Application mutatis mutandis of provisions on trademarks) 
68 ... (1) Sections 5, 5bis, 6(1) and (2), 9bis to 10 and 13(1) shall apply mutatis mutandis 
to applications for registration of defensive marks. In such a case "(iii) the designated 
goods or designated services and the class of classification of the goods and services as 
prescribed by Cabinet Order referred to in Section 6(2)" in Section 5(1) shall read "(iii) 
the designated goods or designated services and the class of classification of the goods 
and services as prescribed by Cabinet Order referred to in Section G(2); (iv) th~. 
registration number of the principal trademark registration to which the appJic<1t i('~'l 
for registration of the defensive mark relates" and "(iv) designated goods or designated 
services are not stated" in Section 5bis(1) should read "(iv) designated good,:; or 
designated services are not stated; and Cv) the registration number of the principal 
trademark registration to which the application for registration of the defensive mark 
relates is not stated," IP/N/I/JPN/T/I/Rev.1 
Page 52 
(2) Sections 14 to 15bis and Sections 16 to 17bis shall apply mutatis mutandis to the 
examination of application$' for registration of a defensive mark. In such a case, 
"Section 3, 4(1), 8(2) or (5), 51(2) (including its application under Section 52bis(2» or 
53(2)" in Section 15(i) shall read "Section 64." 
(3) Sections 18, 26 to 28, 32 to 33ter, 35 and 69 shall apply mutatis mutandis to a right 
based on a defensive mark registration. In such a case, "the registration fee under 
Section 40(1) or the registration fee due to be paid within 30 days from the date of the 
transmittal of the examiner's decision or a trial decision that the trademark is to be 
registered under Section 41bis(l)" in Section 18(2) shall read "a registration fee under 
Section 65septies(1)." 
(4) Sections 43bis to 46bis, 53bis, 53ter, 54(1) and 55bis to 56bis shall apply mutatis 
mutandis to an opposition to and a trial relating to the registration of a defensive 
trademark. In such a case, "Section 3, Section 4(1), Section 8(1), (2) or (5), Section 51(2) 
(including its application under Section 52bis(2», Section 53(2)" in Section 43bis(i) or 
46(1)(i) shall read "Section 64" and "a treaty" in Sections 46(1)(iv) shall read "Section 64 
and a treaty." 
(5) Sections 57 to 63bis shall apply mutatis mutandis to a retrial and an action relating 
to the registration of a defensive trademark. ] n such a case, "each paragraph of Section 
37" in paragraph (ii) of Section 59 shall read "Paragraphs (ii) to (vii) of Section 67" "a 
trademark right relating to a revoked or invalidated or cancelled trademark 
registration" in Section 60 shall read "a right based on a defensive mark registration 
relating to a revoked or invalidated or cancelled defensive mark registration" and "a 
trademark registration application" shall read "an application for registration of a 
defensive mark or an application for registration of renewal of a right based on a 
defensive mark registration" and "the establishment of a trademark right" shall read 
"the establishment of a right based 011 defensive mark registration or registration of 
renewal of its term" and "the registered trademark ... or a trademark similar thereto ... 
on designated goods or designated services or goods or services similar thereto" shall 
read "identical trademark with the registered defensive mark." 
Chapter VIII --Miscellaneous Provisions 
(Amendment of proceedings) IP/N/lIJPN/T/lIRev.1 
Page 53 
68bis. --With respect to a procedure relating to a trademark application, a defensive 
mark application, a demansl or other procedure relating to trademark or defensive 
mark registration, the person carrying on such procedure may make an amendment 
only during the pendency of the case in the examination, trial or retrial. 
(Exceptional provisions on trademark right with two or more designated goods 
or designated services) 
69. --For the purpose of the provisions of Sections 20(4) and 33(1) of this Law, Section 
97(1) or 98(1)(i) of the Patent Law as applied under Section 35 of this Law, Sections 
43ter(3), 46(2), 46bis and 54 of this Law, Section 132(1) of the Patent Law as applied 
under Section 56(1) of this Law or under Section 174(3) of the Patent Law as applied 
under Section 61 of this Law, Section 59, 60 or 71(1)(i) or 75(2)(i) of this Law, relating to 
trademark registration or the trademark right, where there are two or more items of 
designated goods or designated services, the trademark registration shall be deemed to 
have been effected, or a trademark right shall be deemed to exist for each of such 
designated goods or designated services. 
(Exceptional provisions on trademarks, etc. similar to registered trademarks) 
70. --(1) The references to "registered trademark" in Section 25, 29, 30(2), 31(2), 
31bis(1), 34(1), 38(2), 50, 52bis(1), 59(i), 64,73 or 74 shall include trademarks which are 
similar to the registered trademark and would be considered identical if they had the 
sallle coloring. 
(2) The references to "registered defensive mark" in Sections 4(1)(xii) and 67 shall 
include marks which are similar to the registered defensive mark and would be 
considered identical if they had the sallle coloring. 
(3) The references to "trademark similar to the registered trademark" in Sections 37(i) 
and 51(1) shall not include trademarks which are similar to the registered tradeill:,~'!: 
and would be considered identical if they had the same coloring. 
(Registration in Trademark Register) 
7l. --(1) The following matters shall be registered in the Trademark Register kept in 
the Patent Office: 
(i) the establishment, renewal of term, division, transfer, modification, extinguishme!1t 
or restriction on disposal of a trademark right; IP/N/lIJPN/T/1/Rev.1 
Page 54 
(ii) the establishment, renewal of term, transfer or extinguishment of a right based on a 
defensive mark registration~, 
(iii) the establishment, maintenance, transfer, modification, extinguishment or 
restriction on disposal of a right of exclusive or non-exclusive use; 
(iv) the establishment, transfer, modification, extinguishment or restriction on disposal 
of rights in a pledge upon a trademark right or a right of exclusive or non-exclusive use. 
(2) The Trademark Register, either in whole or in part, may be prepared by means of 
magnetic tapes (including other materials on which matters can be accurately recorded 
by an equivalent method --hereinafter referred to as "magnetic tapes"). 
(3) Other matters relating to registration that are not provided for in this Law shall be 
prescribed by Cabinet Order. 
(Request for certification, etc.) 
72. --Anyone may request the Commissioner of the Patent Office to issue a certificate, 
a copy or an extract of documents, to allow the inspection of copying of documents or to 
issue documents whose contents are recorded in the part of the Trademark Register 
prepared by magnetic tapes, where such documents relate to trademark or defensive 
mark registrations. However, this provision shall not apply in the case of documents 
which are liable to contravene public order or morality. 
(Indication of existence of trademark registration) 
73. --The owner of a trademark right or of a right of exclusive or non-exclusive use 
shall, when applying a registered trademark to the designated goods or their packaging, 
or to articles for use in the provision of the designated services, or in the provision of 
the designated services, to articles related to the provision of relevant designated 
services belonging to persons to whom the services are provided, take steps to attach to 
the trademark an indication to the effect that the trademark is a registered trademark 
(hereinafter referred to as "indication of trademark registration") as prescribed in an 
ordinance of the Ministry of International Trade and Industry. 
(Prohibition of false marking) 
74. --No person may commit any ofthe following acts: 
(i) acts of attaching to such trademark an indication of a trademark registration or an 
indication confusingly similar thereto when using a trademark which is not a registered trademark; IP/N/I/JPN/T/I/Rev.l 
Page 55 
(ii) acts of attaching to such ,trademark an indication of a trademark registration or an 
indication confusingly similar thereto when using a registered trademark in relation to 
goods or services other than the designated goods or designated services; 
(iii) acts of holding, for the purpose of assignment or delivery, goods to which or to the 
packaging of which a trademark other than a registered trademark has been attached, 
which are other than the designated goods to which or to the packaging of which a 
trademark registered in relation to goods has been attached, or to which or to the 
packaging of which a trademark registered in respect to services has been attached, 
and in respect of which an indication of a trademark registration, or an indication 
confusingly similar thereto, has been attached to such trademark; 
(iv) acts of holding, in the provision of services, articles which are for use by persons to 
whom the services are provided and to which a trademark other than a registered 
trademark has been applied, which, in the provision of services other than the 
designated services, are for use by persons to whom the services are provided and to 
which a trademark registered in respect to services has been applied, or which, in the 
course or providing services are to be supplied for use by persons to whom the services 
are provided and to which a trademark registered in respect to goods has been applied, 
and in respect of which an indication of a trademark registration, or an indication 
confusingly similar thereto, has been attached to such trademark (such articles being 
referred to in the next paragraph as "articles with a false indication of trademark 
registration in respect to services"); 
(v) acts of assigning or delivering, or of holding or importing for the purpose of 
assignment or delivery, articles with a false indication of trademark registration in 
respect to services, for the purpose of causing such articles to be used in the provision of 
such services. 
(Trademark Gazette) 
75. --(1) The Patent Office shall publish the Trademark Gazette. 
(2) In addition to the particulars provided for in this Law, the Trademark Gazette shall 
contain: 
(i) extinguishment of a trademark right (excluding extinguishment due to the 
expiration of a term or falling under Section 4lbis(4); 
(ii) an opposition to a trademark registration or a demand for a trial or a retrial or their 
withdrawal; IP/N/lIJPN/T/lIRev.l 
Page 56 
(iii) final and conclusive ruling on an opposition to a trademark registration and final 
and conclusive decision of a ,trial or a retrial; 
(iv) a final judgment in an action under Section G3(1). 
(Fees) 
76. --(1) The person specified here under shall pay the fee the amount of which shall be 
prescribed by Cabinet Order with the actual costs taken into consideration: 
(i) person making notification of succession in accordance with Section 34(4) of the 
Patent Law as applied under Section 13(2) of this Law; 
(ii) person requesting an extension of a time limit under Section 17 quater of the Design 
Law as applied under Section 17bis(2) (including its application under Section G8(2) of 
this Law), Section 4 or 5(1) of the Patent Law as applied under Section 41(2) (including 
its application under Section 41bis(G) of this Law), Section 43quater(3) (including its 
application under Section G8(4) of this La\v), Section G50cties(3) or Section 77(1) of this 
Law, or change of date in accordance with Section 5(2) of the Patent Law as applied 
under Section 77(1) of this Law; 
(iii) person requesting issuance of certificate in accordance with Section 72; 
(iv) person requesting issuance of copy or extract of documents in accordance with 
Section 72; 
(v) person requesting inspection or copying of documents in accordance with Section 72; 
(vi) person requesting issuance of documents containing matters recorded in that part 
of the Trademark Register as prepared on magnetic tape, in accordance with Section 
72. 
(2) The persons specified in the left·hand column of the attached table shall pay the fee 
the amount of which shall be prescribed by Cabinet Order within the limit of the 
amounts specified in the right-hand column of the table. 
(3) The two preceding subsections shall not apply where the person specified in the 
left-hand column of the table is the State. 
(4) The payment of the fee under Subsection (1) or (2) shall be made by patent revenue 
stamps as prescribed by an ordinance of Ministry of International Trade and Industry. 
However, wherever so prescribed by an ordinance of the Ministry of International 
Trade and Industry, such payment may be made in cash. IP/N/1/JPN/T/1/Rev.1 
Page 57 
(5) A fee paid by mistake or in excess shall be refunded upon the request of the person 
making the payment. 
(G) No request for a refund of a fee under the preceding subsection may be made after 
one year from the date of payment. 
(Application mutatis mutandis of Patent Law) 
77. --(1) Sections 3 to 5 (time limits and dates) of the Patent Law shall apply mutatis 
mutandis to the time limits and dates prescribed in this Law. In such a case, "Section 
121(1)" in Section 4 of the Patent Law shall read "Section 44(1) or 45(1) of the 
Trademark Law." 
(2) Sections G to 1G, 17(3) and (4), 18 to 24 as well as Section 194 (proceedings) of the 
Patent Law shall apply mutatis mutandis to trademark and defensive mark 
applications, demands and any other proceedings relating to trademark or defensive 
mark registrations. In such a case, "Section 121(1)" in Section 9 of the Patent Law shall 
read "Section 44(1) or 45(1) of the Trademark Law," and "Section 121(1)" in Section 14 
of the Patent Law shall read "44(1) or 45(1) of the Trademark Law;" "(ii) when the 
formal requirements specified in this Law or in an order or ordinance thereunder have 
not been complied with;" in Section 17(3) of the Patent Law shall read "(ii) when the 
for111al requirements specified in this Law or in an order or ordinance thereunder have 
not been complied with; (ii)bis a registration fee under Section 40(2) of the Trademark 
Law or a registration fee due to be paid simultaneously with a request for registration 
of renewal (including a surcharge liable to be paid under Section 43(1) or (2) of the 
Trademark Law) is not paid;" and" ... cannot effect an amendment it seeks to make;" in 
Section 18bis of the Patent Law shall read "cannot effect an amendment it seeks to 
make (except where it falls under any of paragraphs of Section 5bis(1) of the 
Trademark Law)." 
(3) Section 25 (enjoyment of rights by aliens) of the Patent Law shall apply mutatis 
mutandis to trademark rights and other rights relating to trademark registrations. 
(4) Section 2G (effect of treaties) of the Patent Law shall apply mutatis mutandis to 
trademark and defensive mark registrations. 
(5) Sections 189 to 192 (transmittal) of the Patent Law shall apply mutatis mutandis to IP/N/1/JPN/T/1/Rev.1 
Page 58 
transmittal under this Law. 
(G) Section 195ter of the Patent Law shall apply mutatis mutandis to measures under 
this Law or an order or ordinance thereunder this Law. 
(7) Section 195quater (restriction on appeals under the Administrative Appeal Law) of 
the Patent Law shall apply mutatis mutandis to examiners' decisions and rulings to 
decline an amendment, a ruling to revoke, trial decisions and rulings to dismiss a 
written opposition to the trademark registration or a demand for trial or retrial under 
this Law as well as to measures from which no appeal lies in accordance with this Law. 
(Transition Provisions) 
77bis ... When Order is made or repealed pursuant to the provisions of this Law, any 
requisite transitional provisions (including penal provisions) may, to the extent deemed 
necessary and reasonable, be made by means of such Orders. 
Chapter IX .. Penal Provisions 
(Offense of infringement) 
78 .. -Any person who has infringed a trademark right or a right of exclusive use shall 
be liable to imprisonment with labor not exceeding five years or to a fine not exceeding 
5,000,000 yen. 
(Offense of fraud) 
79 ... Any person who has obtained a trademark or defensive mark registration or a 
registration of renewal of the term of a trademark right or right based on a defensive 
mark registration, a ruling on an opposition to a trademark registration or a trial 
decision, by means of a fraudulent act shall be liable to imprisonment with labor not 
exceeding three years or to a fine not exceeding 3,000,000 yen. 
(Offense of false marking) 
80 .. -Any person infringing Section 74 shall be liable to imprisonment with labor not 
exceeding three years or to a fine not exceeding 3,000,000 yen. 
(Offense of perj my, etc.) IP/N/1/JPN/T/lIRev.1 
Page 59 
81. --(1) A witness, expert witness or interpreter who, having taken an oath under this 
Law, has made a false stat~ment or has given a false expert opinion or has interpreted 
falsely before the Patent Office or a court commissioned thereby shall be liable to 
imprisonment with labor for a term of not less than three months nor more than ten 
years. 
(2) Where a person committing the offense in the preceding subsection has made a 
voluntary confession before a ruling on an opposition to the trademark registration or a 
decision of trial or retrial has become final and conclusive, his sentence may be reduced 
or suppressed. 
(Dual liability) 
82. --Where an officer representing a legal entity or a representative, employee or any 
other servant of a legal entity or of a natural person has committed an act in violation 
of the following paragraphs with regard to the business of the legal entity or natural 
person, the legal entity shall, in addition to the offender, be liable to the fine prescribed 
in the following paragraphs and the natural person shall be liable to the fine prescribed 
in those sections. 
(i) Section 78, subject to a fine up to 150 million yen; 
(ii) Section 79 or 80, subject to a fine prescribed in each of these sections. 
(Administrative penalties) 
83. --Where a person who has taken an oath under Section 267(2) or 33G of the Code of 
Civil Procedure --as applied under Section 151 of the Patent Law as applied either 
under Section 430cties (including its application under Section G8(4» or 56(1) 
(including its application under Section G8( 4» of this Law, under Section 174(3) of the 
Patent Law as applied under Section 61 (including its application under Section 68(5» 
of this Law or under Section 58(2) of the Design Law as applied under Section G2(1) 
(including its application under Section G8(5» of this Law or under Section 58(3) of the 
Design Law as applied under Section 62(2) (including its application under Section 
G8(5» of this Law --and has made a false statement before the Patent Office or a court 
commissioned thereby, he shall be liable to an administrative penalty not excl:edillg 
100,000 yen. 
84. --Where a person who has been summoned by the Patent Office or a court 
commissioned thereby in accordance with this Law has failed to appear or has refused IP/N/1/JPN/T/lIRev.1 
Page 60 
to take an oath, to make a statement, to testify, to give an expert opinion or to interpret, 
without a legitimate reas9n, he shall be liable to an administrative penalty not 
exceeding 100,000 yen. 
85. .. Where a person who has been ordered by the Patent Office or a court 
commissioned thereby to produce or show documents or other evidence in accordance 
with the provisions of this Law relating to the examination or preservation of evidence 
has failed to comply with the order, without a legitimate reason, he shall be liable to an 
administrative penalty not exceeding 100,000 yen. 
Supplementary Provision 
(Law No. 127 of 1959) 
The entry into force of this Law shall be established by another law. 
Supplementary Provisions 
(Extract from Law No. 91 of 1970) 
(Entry into force) 
l. .. This Law shall enter into force on January 1, 1971. 
(Transitory measures incident to revision of Trademark Law) 
8 .. -Sections 2 and 5 of these Supplementary Provisions shall apply mutatis mutandis 
to the transitory measures that are incident to the revision of the Trademark Law 
under Section 4. 
(Delegation to Cabinet Order) 
9. --In addition to those provided for in the preceding sections, the transitory measures 
necessary for the implementation of this Law shall be prescribed by Cabinet Order. 
Supplementary Provisions (Extract from Law No. 46 of 1975) 
(Entry into force) IP/N/lIJPN/T/lIRev.1 
Page 61 
1. --This Law shall enter into force on January I. 1976, with the following exceptions: 
(i) amended Section 40(1) and (2). and the amended table attached to the Trademark 
Lmv shall enter into force on the day of promulgation ofthis Law; 
(ii) amended Sections 4(1)(ii) and 9(1) of the Trademark Law, shall enter into force on 
the day on which become effective the provisions of Articles 1 to 12 of the Paris 
Convention for the Protection of Industrial Property of March 20, 1883, as revised at 
Brussels on December 14, 1900, at Washington on June 2, 1911, at the Hague OIl 
November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958 and at 
Stockholm on July 14, 1967, in accordance with Article 20(2)(c) of said Paris 
Convention; 
(iii) amended Section 19(2), newly added Section 19(3), newly added Section 20bis, and 
amended Sections 21(1), 49, 68(3) and 70(1) of the Trademark Law, and Section 5(2) of 
these Supplementary Provisions shall enter into force on the day on which three years 
counting from the day of promulgation of this Law have elapsed. 
(Transitory measures incident to revision of Patent Law) 
2. --(1) A patent application which is pending in the Patent Office at the time of entry 
into force of this Law shall, except for the fee to be paid in accordance with Section 
195(1) of the Patent Law after its revision, be dealt with as heretofore until the 
examiner's decision or trial decision with respect to the application which has become 
final and conclusive. 
(3) The grounds for invalidation of a patent resulting from a patent application filed 
before the entry into force of this Law shall be as heretofore. 
(Transitory measures incident to revision of Trademark Law) 
5. --(1) A trial under Section 50(1) of the Trademark Law which is pending in the 
Patent Office at the time of entry into force of this Law shall be dealt with (13 
heretofore. 
(2) Section 2(1) of these SupplementaL'y Provisions shall apply mutatis mutandis to an 
application for registration of renewal of the term of a trademark right which is 
pending in the Patent Office at the time of entry into force of paragraph (iii) of the IP/NIlIJPN/TIlIRev.1 
Page 62 
proviso to Section 1 or these Supplementary Provisions, and Section 2(3) of these 
Supplementary Provisions; shall apply mutatis mutandis to the grounds for 
invalidation of a registration of renewal of the term of a trademark right resulting from 
an application for registration of renewal filed before the day on which three years 
counting from the day of promulgation of this Law have elapsed. 
Supplementary Provisions 
(Extract from Law No. 45 of 1981) 
(Entry into force) 
1. --This Law shall enter into force from the day of promulgation .... However, ... the 
amended provisions of Section 107(1) of the Patent Law, the amended provisions of 
Section 31(1) of the Utility Model Law, the amended provisions of Section 42(1) and (2) 
of the Design Law, the amended provisions of Section 40(1) and (2) of the Trademark 
Law ... shall enter into force on June 1, 1981. 
Supplementary Provisions 
(Extract from Law No. 41 of 1985) 
(Entry into force) 
1. --This Law shall enter into force on the day to be set by Cabinet Order within six 
months from the day of promulgation .... 
Supplementary Provisions 
(Extract from Law No. 27 of 1987) 
(Entry into force) 
1. --This Law shall enter into force on January 1, 1988. 
However, the following provisions shall enter into force on June 1, 1987: 
.... Section 40 and "Attached Table" (Related to Section 76). Supplementary Provisions 
(Extract from Law No. 3000990) 
(Entry into force) 
1. --This Law shall enter into force on December 1, 1990. 
Supplementary Provisions 
(Extract from Law No. 65 of 1991) 
(Entry into force, etc.) IP/N/1/JPN/T/1/Rev.1 
Page 63 
1. --This Law shall come into force as of a day* to be determined by Cabinet Order 
within a period not exceeding one year counting from the day of promulgation. However, 
the provisions for amending Section 9, the provisions for adding a further Section after 
Section 9, the provisions for amending Sections 37 and 67 as well as a part of the 
provision for amending Section 68(1) to add the words "Section 9bis" after "Section 
6(1)," and the provisions of Section 14(2) of the Ancillary Provision shall come into force 
as of a day the elapsing of six months** from the day on which this Law comes into 
force, and the provisions of Sections 37 and 67 of the amended Trademark Law 
(hereinafter referred to as "the new Law") shall apply to acts subsequent to that day. 
** April 1, 1992. 
**October I, 1992. 
Supplementary Provisions 
(Extract from Law No. 26 of 1993) 
(Entry into force) 
1. --This Law shall come into force as of a day to be determined by Cabinet Order 
within a period not exceeding one year counting from the day of promulgation. 
Supplementary Provisions 
(Extract from Law No. 116 of 1994) IP/N/1/JPN/T/1/Rev.1 
Page 64 
(Entry into force) 
1. --This Law shall enter into force on July I, 1995. However, the provisions indicated 
in the following paragraphs shall enter into force on the date specified respectively in 
the said paragraphs: 
(i) The amended provisions of Section 30(3) of the Patent Law prescribed in Section 1; 
the provisions prescribed in Section 5 (excluding the amended provisions of Sections 
10(3), 13(1), 44(2) and 63bis of the Trademark Law); and the provisions prescribed in 
Section 9: 
--July I, 1995 or the day on which the Marrakech Agreement Establishing the World 
Trade Organization become effective in Japan ... whichever is later; 
(ii) The provisions prescribed in Section 2; 
the amended provisions of Section 3bis(l) (limited to the part amending "publication of 
application" into "publication of the Patent Gazette containing the matters referred to 
in each paragraph thereof"), 10(5) and (6), 14(4) and 39(3), the amended provisions of 
Section 45 (excluding the part adding a subsection to this section), the amended 
provisions of Section 50bis (limited to the part amending "Section 174(2)" into "Section 
174(3)" and "Section 193(2)(v)" into "Section 193(2)(iv)"), the amended provisions of 
Section 53(2) and the amended provisions of Section 62, of the Utility r.lodel Law; 
the amended provisions of Sections 13(3), 19, 58, 68(1) and 75 of the Design Law; 
the provisions prescribed in Section 6; 
the amended provisions of the Patent Attorney Law prescribed in Section 7; and 
the provisions of Sections 8, 9, 10(2), 17 and 19: 
--January I, 1996. 
Supplementary Provisions 
(Extract from Law No. 68 of 1996) 
(Entry into force) 
1. --This Law shall enter into force on April I, 1997. 
Attached Table 
(Related to Section 76) Person liable to pay Amounts IP/N/lIJPN/T/1/Rev.1 
Page 65 
l. Person filing application for trademark registration ¥G,OOO per case plus ¥15,OOO for 
each of the classification 
2. Person filing application for defensive mark registration, or renewal of term of right 
based on defensive mark registration ¥12,OOO per case plus ¥30,OOO for each of the 
classification 
3. Person demanding the division of a trademark right ¥30,OOO per case 
4. Person requesting interpretation 111 accordance with Section 28(1) (including its 
application 
under Section G8(3» ¥40,OOO per case 
5. Person filing opposition to trademark registration ¥3,OOO per case plus ¥8,OOO for 
each of the classification 
G. Person demanding intervention in a trial examination of the opposition to trademark 
registration ¥l1,OOO per case 
7. Person demanding trial or retrial ¥15,OOO per case plus ¥40,OOO for each of the 
classifica tion 
8. Person demanding intervention in trial or retrial ¥55,OOO per case