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Trademark Act (Act No. 127 of April 13, 1959) 
Latest revision: Act No.3 of May 17,2019  
 
Table of Contents CHAPTER I GENERAL PROVISIONS (ARTICLES 1 AND 2) 
CHAPTER II TRADEMARK REGISTRATIO N AND APPLICATION FOR TRADEMARK 
REGISTRATION(ARTICLES 3 TO 13-2) 
CHAPTER III EXAMINATION (ARTICLES 14 TO 17-2) 
CHAPTER IV TRADEMARK RIGHTS 
Section 1 Trademark Rights (Articles 18 to 35) Section 2 Infringement of Rights (Articles 36 to 39) 
Section 3 Registration Fees (Articles 40 to 43) 
CHAPTER IV-2 OPPOSITION TO REGIS TRATION (ARTICLES 43-2 TO 43-15) 
CHAPTER V TRIALS AND APPEALS (ARTICLES 44 TO 56-2) 
CHAPTER VI RETRIAL AND LITIGATION (ARTICLES 57 TO 63) 
CHAPTER VII DEFENSIVE MARK (ARTICLES 64 TO 68) この商標法の翻訳は、令和 3年法律第 42号のうち、令和 3年5月21日施行までの改正について作成
したものです。  
この法令の翻訳は公定訳ではありません。法的効力を有するのは日本語の法令自体であり、翻訳はあくまでその理解を助けるための参考資料です。この翻訳の利用に伴って発生した問題について、一切の責任を負いかねますので、法律上の問題に関しては、官報に掲載された日本語の法令を参照してください。  
  This English translation of the Trademark Act ha s been prepared (up to the revisions of Act No. 
42 of 2021 (Effective May 21, 2021)).   This is an unofficial translation. Only the original Japanese texts of laws and regulations have 
legal effect, and the translations are to be used  solely as reference material to aid in the 
understanding of Japanese laws and regulations.    The Government of Japan shall not be responsibl e for the accuracy, reliability or currency of the 
legislative material provided in this Website, or for any consequence re sulting from use of the 
information in this Website. For all purposes of in terpreting and applying law to any legal issue or 
dispute, users should consult the original Japanese texts published in the Official Gazette.   
 
 
  
2 CHAPTER VII-2 SPECIAL PROVISIONS UNDER THE PROTOCOL RELATING TO THE MADRID 
AGREEMENT 
Section 1 Application for International Registration (Articles 68-2 to 68-8) 
Section 2 Special Provisions Pertaining to Intern ational Applications for Trademark Registration 
(Articles 68-9 to 68-31) 
Section 3 Special Provisions Concer ning Applications for Trademark Registration, etc. (Articles 68-
32 to 68-39) 
CHAPTER VIII MISCELLANEOUS PROVISIONS (ARTICLES 68-40 TO 77-2) CHAPTER IX PENAL PROVISIONS (ARTICLES 78 TO 85) 
SUPPLEMENTARY PROVISIONS 
 
CHAPTER I GENERAL PROVISIONS 
 
(Purpose) 
Article 1 The purpose of this Ac t is, through the protection of  trademarks , to ensure the maintenance of business 
confidence of persons who use trademarks and thereby to contrib ute to the development of the industry and to 
protect the intere sts of consumers. 
 
(Definitions, etc.) 
Article 2 (1) "Trademark" in thi s Act means, among those recogn izable by human perception, any character(s), 
figure(s), sign(s) or three-dimensional shape(s) or colors, or any combination thereof, sounds, etc. provided by 
Cabinet Order (hereinafter referred to as a "mark") which is: 
(i) used in connection with the goods of a person  who produces, certifies or assigns the goods as a 
business; or 
(ii) used in connection with the services of a person  who provides or certifies the services as a business 
(except those provided for in the preceding item). 
(2) "Services" set forth in item (ii) of the preceding paragrap h shall include retail services and wholesale services, 
namely, the provision of benefits  for customers conducted in th e course of retail and  wholesale business. 
(3) "Use" with respect  to a mark as used in this Act means any of the following acts: 
(i) to affix a mark to goods or packages of goods; 
(ii) to assign, deliver, display fo r the purpose of assignment or delivery, export, import or provide 
through an electric telecommunication line, goods or  packages of goods to wh ich a mark is affixed; 
(iii) in the course of the provision of services, to affix a mark to arti cles to be used by a person who 
receives the said services (including articles to be assigned or loaned; the same shall apply 
hereinafter); 
(iv) in the course of the provision of services, to pr ovide the said services by using articles to which a 
mark is affixed and which are to be used by a person who receives the said services; 
(v) for the purpose of providing services, to display ar ticles to be used for the provision of the services 
(including articles to be used by a person who rece ives the services in the course of the provision of 
services; the same shall apply hereinaf ter) to which a mark is affixed;  
 
 
  
3 (vi) in the course of the provision of services, to af fix a mark to articles pertaining to the provision of 
the said services belonging to a person who receives the services; 
(vii) in the course of the provisio n of services through an image vi ewer, by using an  electromagnetic 
device (an electromagnetic device shall refer to any electronic, magnetic or other method that is not 
recognizable by human perception; the same shall ap ply in the following item), to provide the said 
services by displaying a ma rk on the image viewer; or 
(viii) to display or distribute advertisement material s, price lists or transaction documents relating to 
goods or services to which a mark is affixed, or to provide information on such content, to which a 
mark is affixed by an electromagnetic device. 
(viiii) In the case of a mark of so unds, in addition to those listed in the preceding items, an act to 
produce sounds for the purpose of assignment or delivery of goods, or providing services; and 
(x) In addition to those listed in the preced ing items, acts provided by Cabinet Order. 
(4) In the cases of marks listed in the following items, to aff ix a mark to goods or other articles provided for in the 
preceding paragraph shall includ e those listed in each of the s aid items: 
(i) a mark of any character(s), fi gure(s), sign(s) or three-dimensio nal shape(s), or any combination 
thereof, or any combination thereof with colors: to form in the shape of goods, packages of goods, 
articles to be used for the provision of services , or advertisement materials relating to goods or 
services; and 
(ii) a mark of any sounds: in a case where a recording medium i s affixed to goods, articles to be used for the provision 
of services, or advertisement materials relating to goods or se rvices (including a case whe re goods, articles to be 
used for the provision of services, or advertisement materials relating to goods or services themselves are recording 
media) to record the mark on the recording media. 
(5) "Registered trademark" in this Act means a trademark that h as been registered as a trademark. 
(6) In this Act, the scope of t hose similar to goods may includ e services, and the scope of those similar to services may 
include goods. 
 
CHAPTER II TRADEMARK REGISTRATION AND APPLICATION FOR TRADEMARK 
REGISTRATION 
 (Requirements for trademark registration) 
Article 3 (1) Any trademark to  be used in connection with goods  or services pertaining to the business of an applicant 
may be registered, unless the trademark: 
(i) consists solely of a mark indicating, in a commo n manner, the common name of the goods or services; 
(ii) is customarily used in connection with the goods or services; 
(iii) consists solely of a mark indi cating, in a common manner, in the ca se of goods, the place of origin, 
place of sale, quality, raw materials, efficacy, inte nded purpose, shape (including shape of packages; 
the same shall apply in Article 26(1)(ii) and (iii)), th e method or features including time of production 
or use, quantity, price, or, in the case of services, the location of provision, quality, articles to be used in such provision, effica cy, intended purpose, modes, method or  features including time, quantity or 
price of provision;  
 
 
  
4 (iv) consists solely of a mark in dicating, in a common manner, a common surname or name of a juridical 
person; 
(v) consists solely of a very simple and common mark; or 
(vi) is in addition to those liste d in each of the preceding items, a trademark by which consumers are 
not able to recognize the goods or services as thos e pertaining to a business of a particular person. 
(2) Notwithstanding the preceding paragraph, a trademark that f alls under any of items (ii i) to (v) of the preceding 
paragraph may be registered if, as a result of the use of the t rademark, consumers are able to recognize the goods 
or services as those pertaining t o a business of a particular p erson. 
 
(Unregistrable trademarks) 
Article 4 (1) Notwiths tanding the preceding  Article, no tradema rk shall be registered if the trademark: 
(i) is identical with, or similar to , the national flag, the imperial chrysanthemum crest, a decoration, a 
medal or a foreign national flag; 
(ii) is identical with, or similar to, the coats of arms or any other State emblems (except national flags 
of any country of the Union to the Paris Convention, member of the World Trade Organization or 
Contracting Party to the Trademark Law Treaty) of a country of the Union to the Paris Convention 
(refers to 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 6, 
1925, at London on June 2, 1934, at Lisbon on October 31, 1958 and at Stockholm on July 14, 1967; 
the same shall apply hereinafter), a member of th e World Trade Organization or a Contracting Party 
to the Trademark Law Treaty designated by th e Minister of Economy, Trade and Industry; 
(iii) is identical with, or similar to, a mark indica ting the United Nations or any other international 
organization (referred to as "international organi zation" in (b)) which has been designated by the 
Minister of Economy, Trade and Industry (excluding those listed in the following); 
(a) is identical with, or similar to, a trademark which is well known among consumers as that indicating 
goods or services in connection with the applicant's business, if such a trademark is used in 
connection with such goods or services or  goods or services similar thereto; and 
(b) is identical with, or similar to, a mark indicati ng abbreviation of any in ternational organization, 
which has been used for goods or services that is  not likely to mislead as to connection to the 
international organization; 
(iv) is identical with, or similar to, the emblems or titles in Article 1 of the Act Concerning Restriction 
on the Use of Emblems and Titles of the Red Cross and Others (Act No.159 of 1947) or the distinctive emblem in Article 158(1) of the Act Concerning Measures to Protect Japanese Citizens During Armed 
Attacks and Others (Act No.112 of 2004); 
(v) is comprised of a mark identical with, or similar to, an official hallmark or sign indicating control 
or warranty by the national or a local governme nt of Japan, a country of the Union to the Paris 
Convention, a member of the World Trade Organiza tion or a Contracting Party to the Trademark 
Law Treaty which has been designat ed by the Minister of Economy,  Trade and Industry, if such a 
trademark is used in connection with goods or se rvices identical with, or similar to, the goods or 
services in connection with which the hallmark or sign is used;  
 
 
  
5 (vi) is identical with, or similar to, a famous mark indicating the State, a local government, an agency 
thereof, a non-profit organizati on undertaking a business for public interest, or a non-profit 
enterprise undertaking a business for public interest; 
(vii) is likely to cause damage to public policy; 
(viii) contains the portrait of an other person, or the name, famous pseudonym, professional name or 
pen name of another person, or famous abbreviation  thereof (except those the registration of which 
has been approved by the person concerned); 
(ix) is comprised of a mark identical with, or simila r to, a prize awarded at an exhibition held by the 
national or a local government (hereinafter referre d to as the "Government, etc.") or by those who 
are not the Government, etc. that  conforms to the standards spec ified by the Commissioner of the 
Patent Office, or at an international exhibition held in a foreign country by the Government, etc. of the foreign country or those authoriz ed thereby (except those used by the recipient of such a prize as 
part of his/her own trademark); 
(x) is identical with, or similar to, another pers on's trademark which is well known among consumers 
as that indicating goods or services in connection with the person's business, if such a trademark is 
used in connection with such  goods or services or goods or services similar thereto; 
(xi) is identical with, or similar to, another person's  registered trademark which has been filed prior to 
the filing date of an application for registration of  the said trademark, if such a trademark is used 
in connection with the designated  goods or designated services re lating to the said registered 
trademark(referring to goods or services designated in accordance with Article 6(1) (including cases where it is applied mutatis mutandis pursuant to Article 68(1)); the same shall apply hereinafter), 
or goods or services similar thereto; 
(xii) is identical with a registered defensive mark of another person (referring to a mark registered as 
a defensive mark; the same shall apply hereinafter), if such a trademark is used in connection with 
designated goods or designated servic es relating to the defensive mark; 
(xiii) deleted (xiv) is identical with, or similar to, the name of a va riety registered in accordance with Article 18(1) of 
the Plant Variety Protection and Seed Act (Act No. 83 of 1998), if such a trademark is used in 
connection with seeds and seedlings of the va riety or goods or services similar thereto; 
(xv) is likely to cause confusion in connection with the goods or services pertaining to a business of 
another person (except those listed in items (x) to (xiv) inclusive); 
(xvi) is likely to mislead as to th e quality of the goods or services; 
(xvii) is comprised of a mark indicating a place of origin of wines or spirits of Japan which has been 
designated by the Commissioner of the Patent Office, or a mark indicating a place of origin of wines 
or spirits of a member of the World Trade Organizati on which is prohibited by  the said member from 
being used on wines or spirits not originating from the region of the said member, if such a trademark 
is used in connection with wines or spirits not or iginating from the region in Japan or of the said 
member; 
(xviii) consists solely  of features provided by Cabinet Order am ong features that are naturally provided 
to goods, etc. (goods, or packages  of goods, or services; the same shall apply in Article 26(1)(v)); or  
 
 
  
6 (xix) is identical with, or similar to, a trademark which is well known among consumers in Japan or 
abroad as that indicating goods or services pertaining to a business of another person, if such trademark is used for unfair purposes (referring to  the purpose of gaining un fair profits, the purpose 
of causing damage to the other person, or any other unfair purposes, the same shall apply 
hereinafter) (except those provided fo r in each of the preceding items); 
(2) Where the State or a local government, an agency thereof, a  non-profit organization undertaking a business for 
public interest, or a person undertaking a non-profit activity for public interest files an  application for trademark 
registration falling under item (vi) of the preceding paragraph , the provision of the sai d item shall not apply. 
(3) Items (viii), (x), (xv), (xvii) and (xix) of paragraph (1) shall not apply to a trademark  falling under any of the said 
items which does not fall under the said item at the time of fi ling of an application for trademark registration. 
 
(Application for trademark registration) 
Article 5 (1) Any person who desires to register a trademark sh all submit an application to the Commissioner of the 
Patent Office accompanied by the required documents. The applic ation shall state the following matters: 
(i) the name and the domicile or residence of the applicant for trademark registration; 
(ii) the trademark for which registration is sought; and 
(iii) the designated goods or designated services and the class of goods or services provided by Cabinet 
Order as provided for in Article 6(2). 
(2) Where a person desires to register a trademark listed in th e following, the application shall contain a statement 
indicating thereof: 
(i) consists of any character(s), figure(s), sign(s) or three-d imensional shape(s) or colors, or any combination thereof, 
where the said character(s), figure(s), sign(s) or three-dimens ional shape(s) or colors in connection with the said 
trademark change; 
(ii) consists of three-dimensional shape(s) (including the comb ination with any character(s), figure(s), sign(s) or three-
dimensional shape(s) or colors, or any combination thereof) (ex cluding those listed in the preceding item); 
(iii) consists solely of colors (excluding those listed in item  (i)); 
(iv) consists solely of sounds; or 
(v) in addition to those listed in each of the preceding items,  trademarks provided by Cabine t Order of the Ministry of 
Economy, Trade and Industry. 
(3) Where a person desires to register a trademark consisting s olely of characters designated by the Commissioner of 
the Patent Office (hereinafter referred to as "standard charact ers"), the application shall contain a statement 
indicating thereof. 
(4) Where a person desires to register any trademark provided b y Cabinet Order of the Ministry of Economy, Trade 
and Industry, the application shall sate the detailed descripti on of the trademark in the application pursuant to 
Ordinance of the Ministry of Economy, Trade and Industry, or af fix materials provided by Ordinance of the Ministry 
of Economy, Trade and Indus try to the application. 
(5) The statement and materials in the preceding paragraph shal l specify the trademark for which a registration is 
sought. 
(6) Where a portion of the trademark for which a registration i s sought is in the same color as that of the column in 
which a trademark for which a re gistration is sought is require d to be stated, the said portion of the trademark shall  
 
 
  
7 be deemed not to be a part of the trademark; provided, however,  that this shall not apply to an area specified and 
identified as an area to be colored in the same color as that o f the column. 
 
(According of filing date, etc.) 
Article 5-2 (1) The Commissioner of the Patent Office shall acc ord as the filing date of an application for trademark 
registration the date of submission of the application relating  thereto, unless the application for trademark 
registration falls under any  of the follow ing items: 
(i) the statement of intent to register a trademark is unclear; 
(ii) the name of the applicant for trademark registration is not stated  or the statement thereof is not 
sufficient to identi fy the applicant; 
(iii) the trademark for which a registration is sought is not stated in  the application; and 
(iv) the designated goods or desi gnated services are not stated. 
(2) Where an application for tr ademark registration falls under  any of the items of the preceding paragraph, the 
Commissioner of the Patent Office shall require the person who desires to register the trademark registration to 
supplement the applica tion, designating a reasonable time limit  for such purpose. 
(3) Supplement of an application for trademark registration sha ll be made by submitting a document with respect to 
the supplement (hereinafter referred to as a "Written Supplemen t"). 
(4) Where an applicant who was required to supplement an applic ation for trademark registration under paragraph (2) 
supplements the said application within the designated time lim it as provided in the said paragraph, the 
Commissioner of the Patent Office shall accord the date of subm ission of the Written Supplement as the filing date 
of the application for tr ademark registration. 
(5) Where an applicant who has b een required to supplement an a pplication for trademark registration under paragraph 
(2) fails to supplement the said application within the designa ted time limit as provided in the said paragraph, the 
Commissioner of the Patent Office may dismiss the said applicat ion for trademark registration. 
 
(Single trademark on each application) 
Article 6 (1) An application for trademark registration shall b e filed for each trademark and designate one or more 
goods or services in connection wi th which the trademark is to be used. 
(2) The designation provided for in the preceding paragraph sha ll be made in accordance with the class of goods and 
services provided by Cabinet Order. 
(3) The class of goods and services provided for in the precedi ng paragraph shall not be perceived as prescribing the 
scope of simila rities of goods or services. 
 
(Collective trademarks) 
Article 7 (1) A general incorporated association or other assoc iation (except those which do not have juridical 
personality, and companies), or any other association establish e d  p u r s u a n t  t o  a  s p e c i a l  A c t  i n c l u d i n g  b u s i n e s s  
cooperative (except those which do not have juridical personali ty), or a foreign juridical person equivalent thereto 
shall be entitled to obtain a collective trademark registration  with respect to a trademark to be used by their 
members.  
 
 
  
8 (2) For the purpose of the application of Article 3(1), in the case of the preceding paragraph, "applicant" in the said 
paragraph shall read "applicant or its members." 
(3) Any person who desires to register a collective trademark p ursuant to paragraph (1) shall, at the time of filing of 
an application for trademark reg istration pursuant to Article 5 (1), submit to the Commissi oner of the Patent Office 
a document certifying that the applicant for trademark registra tion is a juridical person that falls under paragraph 
(1). 
 
(Regional collective trademarks) 
Article 7-2 (1) Any association established by a special Act, i ncluding a business cooperative (those which do not have 
juridical personality a re excluded, and lim ited to those which are established by a special  Act providing, without a 
just cause, that the association shall not refuse the enrollmen t of any person who is eligible to become a member or 
that the association shall not impose on any of its prospective  members any condition that is heavier than those 
imposed on its existing members), a commercial transaction, com mercial and industrial a ssociation or specified 
non-profit corporation specified in Article 2(2) of Act on Prom otion of Specified Non-pro fit Activities (Act No. 7 
of 1998), or a foreign juridical person equivalent thereto (her einafter referred to as an "Association, etc.") shall be 
entitled to obtain a regional collective trademark registration  with respect of any of the following, provided that the 
trademark is used by its members and, as a result of the use of  the said trademark, the s aid trademark is well known 
among consumers as indicating th e goods or services pertaining to the business of the applicant or its members, 
notwithstanding the provision of  Article 3 (except a case falli ng under item (i) or ( ii) of Article 3(1)): 
(i) a trademark consisting solely of characters indi cating, in a common manner, the name of the region 
and the common name of the goods or services pertaining to the business of the applicant or its 
members; 
(ii) a trademark consisting solely of characters in dicating, in a common manner, the name of the region 
and the name customarily used as a name indicating the goods or services pertaining to the business 
of the applicant or its members; or 
(iii) a trademark consisting solely of characters indicating, in a commo n manner, the name of the region 
and the common name of the goods or services pertaining to the business of the applicant or its 
members or the name customarily used as a name  indicating thereof, and characters customarily 
added in indicating, in a common manner, the place of origin of the goods or the location of provision of the services. 
(2) The term "name of the region" as used in the preceding para graph means, even prior to the filing of the said 
application, the name of the place of origin of the goods, the location of provision of services, or the name of the 
region which is consid ered to have a close r elationship with th e said goods or services to the equivalent extent, for 
which the trademark pertaining to the said application has been  used by the applicant or it s members, or abbreviation 
thereof. 
(3) For the purpose of the applic ation of Article 3(1) (limited  to the part pertaining to items (i) and (ii)) in the case of 
paragraph (1), "applicant" in th e said paragraph shall read "ap plicant or its members." 
(4) Any person who desires to register a regional collective tr ademark pursuant to paragraph (1) shall, at the time of 
filing of an application for trademark registration pursuant to  Article 5(1), submit to the Commissioner of the Patent 
Office a document certifying that the applicant for trademark r egistration is an Association, etc. and documents  
 
 
  
9 necessary to prove that the trademark for which the registratio n is sought contains the name of a region as provided 
in paragraph (2). 
 
(Prior application) 
Article 8 (1) Where two or more applications for trademark regi stration relating to identical or similar trademarks 
which are to be used in connection with identical or similar go ods or services have been filed on different dates, 
only the applicant who filed the application for trademark regi stration on the earlier date shall be entitled to register 
the trademark in question. 
(2) Where two or more applications for trademark registration r elating to identical or similar trademarks which are to 
be used in connection with iden tical or similar goods or servic es have been filed on the same date, only one applicant 
who is to be determined by consul tations among the applicants w ho filed such applications shall be entitled to 
register the trademark in question. 
(3) Where an application for trademark registration is abandone d, withdrawn or dismissed, or an examiner's decision 
or a trial decision on an application for trademark registratio n becomes final and binding, such application shall, 
for the purposes of the application of the preceding two paragr aphs, be deemed never to have been filed. 
(4) In the case of paragraph (2), the Commissioner of the Paten t Office shall require the applicants for trademark 
registration to arrange consulta tions among the a pplicants as s et forth in the said paragra ph and to report the result 
thereof, designating a reasonabl e time limit for such purpose. 
(5) Where no agreement is reached in the consultations held pur suant to paragraph (2) or no report is submitted within 
the designated time limit set forth in the preceding paragraph,  only one applicant, selected by a lottery in a fair and 
just manner conducted by the Commissioner of the Patent Office,  shall be entitled to register the trademark in 
question. 
 
(Special provisions concerning time of filing of application) 
Article 9 (1) Where an application for trademark registration i s filed in connection with a trademark used for goods or 
services exhibite d at an exhibition held by the Government, etc ., an exhibition held by those who are not the 
Government, etc. that conforms to the standards specified by th e Commissioner of t he Patent Office, an international 
exhibition held by the Government, etc. of a country of the Uni on to the Paris Convention , a member of the World 
Trade Organization or a Contracting Party to the Trademark Law Treaty or by those authorized thereby to hold such 
an exhibition in its territory,  or an international exhibition held by the Government, etc. of a country which is not 
a country of the Union of the Pa ris Convention, a member of the  World Trade Organization or a Contracting Party 
to the Trademark Law Treaty or by those authorized thereby to h old such exhibition in its territory that conforms 
to the standards specified by the  Commissioner of the Patent Of fice, by the exhibitor of such goods or services 
bearing the trademark within six months from the date of exhibi tion of such goods or servic es, the said application 
shall be deemed to have been filed at the time of exhibition of  such goods or services. 
(2) Any person who desires to apply the preceding paragraph in connection with a trademark relating to an application 
for trademark registration shall submit to the Commissioner of the Patent Office a document stating thereof at the 
time of filing of the application for trademark registration, a nd documents proving the fact that the trademark 
pertaining to an application for trademark registration and its  designated goods or designated services fall under  
 
 
  
10 the trademark and goods or services provided in the said paragr aph (referred to as a "certificate" in the following 
paragraph and paragraph (4)), within thirty days from the filin g date of an application for the trademark registration. 
(3) Where a person submitting a certificate is unable to submit  the certificate within the time limit under the preceding 
paragraph, the said person may, in accordance with Ordinance of  the Ministry of Economy, Trade and Industry, 
submit the said certificate to the Commissioner of the Patent O ffice only within the time limit as provided in 
Ordinance of the Ministry of E conomy, Trade and Industry, even after the expiration of the time limit. 
(4) Where, due to reasons beyond the control of the person, the person submitting a certificate is unable 
to submit the certificate within the time limit for submission of the ce rtificate pursuant to the preceding 
paragraph, notwithstanding the said paragraph, su bmit the certificate to the Commissioner of the 
Patent Office within 14 days (two months for resident abroad) from the date on which the reasons for 
not submitting ceased to be applicable, but not late r than six months after the expiration of the said 
time limit. 
 
(Priority claim governed by the Paris Convention) 
Article 9-2 A right of priority based on an application for reg istration of a trademark filed in a country of the Union to 
the Paris Convention (limited to a trademark equivalent to a tr ademark provided in Article  2(1)(ii)) may be claimed 
as governed by the same rules as Article 4 of the Paris Convent ion in connection with a right of priority based on 
an application for registration of a trademark equivalent to th e trademark provided in Article 2(1)(i). 
 
Article 9-3 A right of priority based on an application filed b y a person stated in the left column of the following table 
in a country stated in the right  column of the same table may b e claimed in connection with an application for 
trademark registration as governe d by Article 4 of the Paris Co nvention. 
 
Japanese nationals or nationals of a country of 
the Union to the Paris Convention (including those who are deemed to be nationals of a country 
of the Union as provided by Article 3 of the Paris 
Convention)  
A member of the World Trade Organization or a 
Contracting Party to the Trademark Law Treaty 
 Nationals of a member of the World Trade Organization (refers to nationals of a member 
provided in paragraph 3 of  Article 1 of Annex 1C 
of the Marrakesh Agreement Establishing the World Trade Organization) or nationals of a 
Contracting Party to the Trademark Law Treaty  
A country of the Union to the Paris Convention, a member of the World Trade Organization or a 
Contracting Party to the Trademark Law Treaty 
 (Amendment of designated goods, etc. or trademark fo r which registration is sought and change of gist 
thereof) 
Article 9-4 Where, after the registration of establishment of a  trademark right, any amendment made to the designated 
goods or designated services, or trademark for which registrati on is sought stated in the application, is found to  
 
 
  
11 cause any change of the gist thereof, the application for trade mark registration shall be deemed to have been filed 
at the time of submission of the written amendment relating the reto. 
 
(Division of application for trademark registration) 
Article 10 (1) An applicant for trademark registration may file  one or more new applications with regard to part of an 
application which designates two  or more goods or services as i ts designated goods or designated services, provided 
that the application for trademark registration is pending in e xamination, trial e xamination or retri al examination, 
or that a suit against a trial decision to refuse the applicati on is pending in court, and that the applicant has paid the 
fees payable under Article 76(2) for the application for tradem ark registration. 
(2) In the case of the preceding paragraph, the new application  for trademark registration shall be deemed to have been 
filed at the time of filing of the original application for tra demark registration; provided, however, that this shall 
not apply for the purpose of Article 9(2) of this Act and Artic le 43(1) and 43(2) of the Patent Act (Act No.121 of 
1959) as applied mutatis mutandis pursuant to Article 13(1) of this Act (including cases where they are applied 
mutatis mutandis pursuant to Article 43-3(3) of the Patent Act as applied mutatis mutandis pursuant to Article 13(1) 
of this Act). 
(3) Where a new application for trademark registration is filed  as provided in paragraph (1), statements or documents 
submitted in connection with the original application for trade mark registration which are required to be submitted 
in connection with the new appli cation for trademark registrati on pursuant to Article 9(2) of this Act or Article 
43(1) and 43(2) of the Patent Act  as applied mutatis mutandis p ursuant to Article 13(1) of this Act (including its 
mutatis mutandis application purs uant to Article 43-3(3) of the  Patent Act as applied mut atis mutandis pursuant to 
Article 13(1) of this Act) shall be deemed to have been submitt ed to the Commissioner of the Patent Office at the 
time of filing the new application for trademark registration. 
 
(Conversion of application) 
Article 11 (1) An applicant for trademark registration may conv ert an application for trademark registration of a 
collective trademark into a regular application for trademark r egistration (referring to an application for trademark 
registration other than those of  collective trademarks and regi onal collective trademarks; the same shall apply 
hereinafter) or an application for trademark registration of a regional collecti ve trademark. 
(2) An applicant for trademark re gistration may convert an appl ication for trademark regist ration of a regionally based 
collective trademark into a regular application for trademark r egistration or an application for trademark registration 
of a collective trademark. 
(3) An applicant for trademark registration may convert a regul ar application for tradem ark registration into an 
application for trademark registration of a collective trademar k or an application for trademark registration of a 
regionally based coll ective trademark. 
(4) The conversion of an application for trademark registration  pursuant to the provisions of the preceding three 
paragraphs may not be made after an examiner's decision or a tr ial decision on the appl ication for trademark 
registration becomes final and binding. 
(5) Where the conversion of an application for trademark regist ration is made pursuant to paragraphs (1) to (3), the 
original application for trademark registration shall be deemed  to have been withdrawn.  
 
 
  
12 (6) The provisions of Articles 1 0(2) and 10(3) shall apply muta tis mutandis to the conversion of an application for 
trademark registration pursuan t to paragraphs (1) to (3). 
 
Article 12 (1) An applicant for a defensive mark registration m ay convert such an application into an application for 
trademark registration. 
(2) The conversion of an application pursuant to the preceding paragraph may not be made after an examiner's decision 
or a trial decision on the applic ation for a defensive mark reg istration becomes final and binding. 
(3) The provisions of Articles 10( 2), 10(3) and 11(5) shall app ly mutatis mutandis to the c onversion of an application 
pursuant to paragraph (1). 
 
(Laying open of application) 
Article 12-2 (1) Where an applic ation for trademark registratio n is filed, the Commissioner of the Patent Office shall 
lay open the trademark application. 
(2) The laying open of a trademark application shall be effecte d by stating the following matters in the Trademark 
Gazette; provided, however, that this shall not apply to the ma tters listed in items (iii) and (iv), where the 
Commissioner of the Patent Office finds that publishing the sai d matters in the trademark bulletin is likely to cause 
damage to public policy. 
(i) the name and the domicile or residence of  the applicant for the trademark registration; 
(ii) the number and date of the a pplication for trademark registration; 
(iii) the trademark stated in the application (in the case provided in Article 5(3), the trademark 
represented in standard characters; the same shall apply hereinafter); 
(iv) the designated goods or designated services; and 
(v) other necessary matters in addition to those matters listed in the preceding items.  
(Mutatis mutandis applicat ion of the Patent Act) 
Article 13 (1) The provisions of Paragraphs (1) to (4) and (7) to (9) of Article 43, and (2) and (3) of Article 43-3 of 
the Patent Act shall apply mutatis mutandis to an application f or trademark registration. In this case, the term 
"within the time limit provided by Ordinance of the Ministry of  Economy, Trade and Industry" in Article 43(1) of 
the said Act shall be deemed to be replaced with "at the time o f filing of the application fo r trademark registration," 
"the description, scope of claims  for patent or claim of utilit y model and drawings" in paragraph (2) of the said 
Article shall be deemed to be replaced with "the statement of t he trademark for which reg istration is sought and the 
designated goods or designated services," "one year and four mo nths from the earliest of the following dates" in 
paragraph(2) of the said Article shall be deemed to be replaced  with "three months from the filing date of an 
application for trademark registration"; "a person who has rece ived a notice provided under the preceding 
paragraph" in paragraph (7) of t he said Article shall be deemed  to be replaced with "where a person who submits 
the documents under paragraph (2) is unable to submit the docum ents under the said paragraph within the time limit 
provided in the said paragraph, e ven after the expiration of th e said time limit," "the documents specified in 
paragraph (2) or the document specified in paragraph (5)" in pa ragraph(7) of the said Article shall be deemed to be 
replaced with "the documents specified in the said paragraph as  provided by Ordinance of the Ministry of Economy, 
Trade and Industry"; "a person who has received a notice provid ed under paragraph (6)" in paragraph(8) of the said  
 
 
  
13 Article shall be deemed to be replaced with "a person who submi ts the documents under paragraph (2)," "the 
documents specified in paragraph (2) or the document specified in paragraph (5)" in paragraph(8) of the said Article 
shall be deemed to be replaced with "the documents specified in  paragraph (2)," "the documents or the document" 
in paragraph(8) of the said Article shall be deemed to be repla ced with "the documents"; "the documents specified 
in paragraph (2) or the document specified in paragraph (5)" in  paragraph (9) of the said Article shall be deemed to 
be replaced with "the documents specified in paragraph (2)"; "o r members of the World Trade Organization" in 
Article 43-3(2) of the said Act shall be deemed to be replaced with "members of the World  Trade Organization or 
Contracting Parties to the Trademark Law Treaty"; "or nationals  of members of the World Trade Organization" in 
the same paragraph shall be deemed to be replaced with "nationa ls of members of the World Trade Organization or 
nationals of Contracting Parties to the Trademark Law Treaty"; "preceding two Articles" in paragraph (3) of the 
said Article shall be deemed to be replaced with "Article 43"; and "preceding two paragraphs" in paragraph (3) of 
the said paragraph shall be deemed to be replaced with "precedi ng paragraph." 
(2) The provisions of paragraphs (1) to (3) of Articles 33 and paragraphs (4) to (7) of Article  34 (Right to obtain patent) 
of the Patent Act shall apply mutatis mutandis to the rights de riving from an application for trademark registration. 
 
(Right to monetary claim, etc. prior to regi stration of establishment of trademark right) 
Article 13-2 (1) Where an applicant for trademark registration issues a warning after filing an application for trademark 
registration by presenting a doc ument stating a description of the application, the applic ant may claim against any 
person who uses the trademark per taining to the application, fo r the designated goods or designated services in the 
application during the period from the warning to the registrat ion of establishment of the trademark right, the 
payment of money in the  amount equivalent to the loss incurred in the course of busin ess due to such use. 
(2) The right to claim under the  preceding paragraph may not be  exercised prior to the registration of establishment of 
the trademark right. 
(3) The exercise of the right to claim under paragraph (1) shal l not preclude the exercise of the trademark right. 
(4) The right to claim under paragraph (1) shall be deemed neve r to have arisen in any of the following cases: where 
an application for trademark registration is abandoned, withdra wn or dismissed; where an examiner's decision or a 
trial decision to the effect that an application for trademark registration is to be refused  becomes final and binding; 
where a ruling to rescind a trademark under Article 43-3(2) bec omes final and binding; or where, excluding the 
cases falling under the proviso to Article 46-2(1), a trial dec ision to the effect that a trademark registration is to be 
invalidated becomes final and binding. 
(5) The provisions of Articles 27 and 37 of this Act, Articles 104-3(1) and (2), 105, 105-2-11, 105-4 to 105-6 and 106 
of the Patent Act as applied mu tatis mutandis under Article 39 of this Act, and Articles paragraphs (3) to (6) of 
Article 168 of the Patent Act as applied mutatis mutandis under  Article 56(1) of this Act and Articles 719 and 724 
(Tort) of the Civil Code (Act No.89 of 1896) shall apply mutati s mutandis to the exercise of the right to claim under 
paragraph (1). In this case, where prior to the registration of  the establishment of the trademark right, the person 
having the right to claim becomes aware of the fact that the tr ademark in connection with the application for 
trademark registration is used, and the identity of the person using the trademark, the term "by the victim or his/her 
legal representative within three years from the time when he/s he comes to know of the damages and the identity 
of the perpetrator" in Article 724(i) of the said Code shall be  deemed to be replaced with "by the person having the 
right to claim within three years from the date of the registra tion of the establishment of the trademark right."  
 
 
  
14  
CHAPTER III EXAMINATION 
 
(Examination by an examiner) 
Article 14 The Commissioner of the Patent Office shall direct t he examination of applications for trademark 
registration by an examiner. 
 
(Examiner's decision of refusal) 
Article 15 Where an application for trademark registration fall s under any of the following items, the examiner shall 
render a decision to the effect that the applica tion is to be r efused: 
(i) the trademark pertaining to an application for tr ademark registration is not registrable pursuant to 
the provisions of Articles 3, 4(1) , 7-2(1), 8(2), 8(5), 51(2) (including  the case of its mutatis mutandis 
application under Article 52-2(2)), 53(2) of this Act or Article 25 of the Patent Act as applied mutatis 
mutandis under 77(3) of this Act; 
(ii) the trademark pertaining to an application for trademark registration is not registrable pursuant 
to the provisions of a relevant treaty; or 
(iii) the application for trademark registration does  not comply with the requirements provided in 
Article 5(5), or Article 6(1) or 6(2). 
 
(Notification of reasons for refusal) 
Article 15-2 Where the examiner intends to render a decision to  the effect that an application is to be refused, the 
examiner shall notify the applicant for trademark registration of the reasons for refusal and provide the applicant 
an opportunity to submit a writte n opinion, designating a reaso nable time limit f or such purpose. 
 
Article 15-3 (1) Where a trademark pertaining to an application  for trademark registration is identical with, or similar 
to, another person's trademark pertaining to an application for  trademark registration filed prior to the filing date of 
the said application, if the s aid trademark is used for goods o r services identical with, or similar to, the designated 
goods or designated services pertaining to such other person's trademark, the examiner may notify the applicant for 
trademark registration of the fac t that the said application fo r trademark registration will fall under Article 15(i) 
when the said other person's trademark is registered, and provi de the applicant with an opportunity to submit a 
written opinion, designating a reasonable time limit for such p urpose. 
(2) Where the notification set forth in the preceding paragraph  has already been served and the said other person's 
trademark is registered, the examiner shall not be required to serve the notification set forth in the preceding Article. 
 
(Examiner's decision of trademark registration) 
Article 16 Where no reasons for  refusal are found in connection  with an application for trademark registration within 
the time limit provided by Cabinet Order, the examiner shall re nder a decision to the effect that the trademark is to 
be registered. 
 
(Dismissal of amendment)  
 
 
  
15 Article 16-2 (1) Where an amendm ent made to the designated good s or designated services, or to the trademark for 
which registration is sought as s tated in the application, is c onsidered to cause any change of the gist thereof, the 
examiner shall dismiss the amendment by a ruling. 
(2) The ruling dismissing an amendment under the preceding para graph shall be made in writing and state reasons 
therefor. 
(3) Where a ruling dismissing an amendment under paragraph (1) is rendered, the examiner shall not render any 
decision on the said application for trademark registration bef ore the expiration of a three-month period from the 
date of service of a transcript of the ruling. 
(4) Where an applicant for trademark registration files a reque s t  f o r  a  t r i a l  u n d e r  A r t i c l e  45(1) against the ruling 
dismissing an amendment under paragraph (1), the examiner shall  suspend the examination of the application for 
trademark registration until the trial decis ion becomes final a nd binding. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 17 The provisions of Arti cles 47(2) (Qualification of E xaminers), 48 (Exclusion of Examiners), 52 (Formal 
Requirements for Examination) and 54 (Relationship with Litigat ion) of the Patent Act shall apply mutatis mutandis 
to the examination of applications  for trademark registration.  
 
(Mutatis mutandis application of the Design Act) 
Article 17-2 (1) The provision of Article 17-3 (New Application  for Designs as Amended) of the Design Act (Act No. 
125 of 1959) shall apply mutatis mutandis to the case where an amendment is dismissed by a ruling pursuant to 
Article 16-2(1) of this Act. 
(2) The provision of Article 17-4 of the Design Act shall apply  mutatis mutandis to the case of an extension of the 
time limit provided in Article 17-3(1) of the Design Act as app lied mutatis mutandis to t he preceding paragraph or 
Article 55-2(3) (including its mutatis mutandis application und er Article 60-2(2)) of this Act. 
 
CHAPTER IV TRADEMARK RIGHTS 
Section 1 Trademark Rights 
 
(Registration of establishment of trademark right) 
Article 18 (1) A trademark right shall arise upon registration of establishment of such right. 
(2) Where the registration fee under Article 40(1) or the regis tration fee due and payable within thirty days from the 
date of service of a transcript of an examiner's decision or a trial decision to the effect that a trademark is to be 
registered pursuant to Article 41-2(1) is paid, the establishme nt of the trademark right shall be registered. 
(3) Upon registration set forth in the preceding paragraph, the  following matters shall be published in the trademark 
bulletin: 
(i) the name and the domicile or reside nce of the holder of trademark right; 
(ii) the number and date of the a pplication for trademark registration; 
(iii) the trademark stated  in the application; 
(iv) the designated goods or designated services; 
(v) the registration number and the date of registration of establishment; and  
 
 
  
16 (vi) other necessary matters in addition to those listed in the preceding items. 
(4) The Commissioner of the Patent Office shall make applicatio n documents and their annexed articles available for 
public inspection at the Patent Office for two months from the date of issuance of the trademark bulletin containing 
matters listed in each item of the preceding paragraph (hereina fter referred to as "bulletin containing the trademark") 
pursuant to the provisions of the preceding paragraph; provided , however, that this shall not apply to documents or 
articles that are likely to damage the reputation or disturb th e peaceful existence of an individual or to cause damage 
to public policy, and the Commissi oner of the Patent Office fin ds necessary to be kept confidential. 
(5) Where the Commissioner of the Patent Office intends to make  available for public inspection documents or articles 
which are likely to damage the reputation or disturb the peacef ul existence of an individual  and are other than those 
the Commissioner of the Patent Office finds necessary to be kep t confidential pursuant to the proviso set forth in 
the preceding paragraph, the Commissioner of the Patent Office shall notify the person who submitted the 
documents or the articles ther eof and the reasons therefor. 
 
(Duration) 
A r t i c l e  1 9  ( 1 )  T h e  d u r a t i o n  o f  a  t r a d e m a r k  r i g h t  s h a l l  e x p i r e  a f t e r  t e n  y e a r s  f r o m  t h e  d a t e  o f  r e g i s t r a t i o n  o f  
establishment of  such right. 
(2) The duration of a trademark right may be renewed by the hol der of trademark right by filing an application for 
registration of renewal. 
(3) Where the renewal of the dur ation of the trademark right is  registered, the duration shall have been renewed at the 
time of expiration of the duration. 
 
(Application for registration of renewal of duration) 
Article 20 (1) A person filing a request for registration of re newal of the duration of a trademark right shall submit to 
the Commissioner of the Patent Of fice an application stating th e following matters: 
(i) the name and the domicile or  residence of the applicant; 
(ii) the registration number of  the trademark registration; and 
(iii) in addition to those listed in the preceding tw o items, the matters provided by Ordinance of the 
Ministry of Economy, Trade and Industry. 
(2) An application for registration of renewal shall be filed d uring the period from six months prior to the expiration 
of the duration of a trademark r ight to the date  of expiration thereof. 
(3) Where the holder of trademark right is unable to file an ap plication for registration of renewal within the time limit 
provided in the preceding paragraph, the holder of trademark ri ght may file the said application within the time 
limit as provided in Ordinance of the Ministry of Economy, Trad e and Industry, even after the expiration of the 
said time limit. 
(4) Where the holder of trademark right fails to file an applic ation for registration of renewal within the time limit for 
such request pursuant to the provision of the preceding paragra ph, the trademark right shall be deemed to have been 
extinguished retroactively from the time of the expiration of i ts duration. 
 
(Restoration of trademark right)  
 
 
  
17 Article 21 (1) Where the original holder of a trademark right w hich was deemed to have been extinguished pursuant 
to Article 20(4) has justifiable reasons for having been unable  to file an application for registration of renewal 
within the time limit for such a pplication pursuant to Article 20(3), the original holder of the trademark right may 
file the said application only within the time limit as provide d in Ordinance of the Ministry of Economy, Trade and 
Industry. 
(2) Where an application for registration of renewal is filed u nder the preceding paragraph, the duration shall be 
deemed to have been renewed retroactively at the time of expira tion of the duration. 
 
(Limitations of effects of restored trademark right) 
Article 22 The effects of a trademark right restored pursuant t o Article 21(2) may not extend to the following acts 
committed after the expiration of the time limit for the filing  of the application for regi stration of renewal provided 
in Article 20(3) and before the registration of renewal of the duration of the trademark right by the application 
under Article 21(1): 
(i) the use of the registered trademark in connection  with the designated goods or designated services; 
and 
(ii) the acts provided for in  each item of Article37. 
 (Registration of re newal of duration) 
Article 23 (1) Where the registr ation fee under Article 40(2) o r the registration fee due and payable at the time of filing 
of the application for registration of renewal pursuant to the provision of Article 41-2(7) is paid, the renewal of the 
duration of the trademark r ight shall be registered. 
(2) Notwithstanding the precedi ng paragraph, where an applicati on for registration of renewal is filed pursuant to 
Article 20(3) or 21(1), the renew al of the duration of the trad emark right shall be registered at the time of payment 
of the registration fee under Article 40(2) and the registratio n surcharge under Article 43(1), or the registration fee 
due and payable at the time of f iling of the application for re gistration of renewal under Article 41-2(7) and the 
registration surcharge under Article 43(2).  
(3) Upon registration as set forth under the preceding two para graphs, the following matters shall be published in the 
trademark bulletin: 
(i) the name and the domicile or reside nce of the holder of trademark right; 
(ii) the registration numb er and the date of regist ration of renewal; and 
(iii) other necessary matters in addition to  those listed in the preceding two items. 
 (Division of trademark right) 
Article 24 (1) Where there are  two or more designated goods or designated services for which a trademark right shall 
apply, the trademark right may b e divided for each of the desig nated goods or designated services. 
(2) Where a request for a trial is filed under Article 46(3), t he division provided for in the preceding paragraph may 
be made even after the extinguishment of the trademark right, p rovided that a trial, retrial or court proceeding in 
connection with the case is pending. 
 
(Transfer of trademark right)  
 
 
  
18 Article 24-2 (1) Where there are two or more designated goods o r designated services, the trademark right may be 
divided into each of the designa ted goods or services in transf erring such right. 
(2) A trademark right in connecti on with an application for tra demark registration which falls under Article 4(2) filed 
by the State, a local government, an agency thereof, or a non-p rofit organization  undertaking a business for public 
interest may not be assigned. 
(3) A trademark right in connection with an application for tra demark registration that falls under Article 4(2) filed by 
a non-profit enterprise undertaking a business for public inter est, may not be transferred unless the business is 
transferred togeth er with suc h right. 
(4) A trademark right i n connection with a regionally based col lective trademark may not be assigned. 
 
(Transfer of collective trademark right) 
Article 24-3 (1) Upon transfer, the trademark right to a collec tive trademark shall be deemed to have been converted 
to a regular trademark  right, except in th e case as provided in  the following paragraph. 
(2) Where the right holder of a collective trademark desires to  transfer the collective trademark right, the said right 
holder shall submit an applicati on for registration of transfer  accompanied by a document stating thereof, and the 
documents provided in  Article 7(3), to the Commissioner of the Patent Office. 
 
(Request for indication to pr event confusion arising from transfer of trademark right) 
Article 24-4 Where, as a result of transfer of a trademark righ t, the trademark right to a similar registered trademark 
to be used in connection with i dentical goods or services, or t he trademark right to an ident ical or similar registered 
trademark to be used in connection with similar goods or servic es becomes owned by a different holder of trademark 
right, if the use of one of such registered trademarks for its designated goods or designated services by its holder 
of trademark right, exclusive right to use or non-exclusive rig ht to use is likely to damage business interests (limited 
to those pertaining to the desi gnated goods or designated servi ces using the said other registered trademark) of the 
other holder of trademark right o r of exclusive right to use, t he other holder of trademark right or of exclusive right 
to use may request the holder of trademark right, exclusive rig ht to use or non-exclusive right to use to affix an 
indication that may sufficiently  prevent any confusion between the goods or services pertaining to the business of 
the other party and those of its own. 
 
(Effects of trademark right) 
Article 25 The holder of trademark right shall have an exclusiv e right to use the registere d trademark in connection 
with the designated goods or desi gnated services; provided, how ever, that where an exclusive right to use the 
trademark is established in connection with the trademark right , this provision shall not apply to the extent that the 
holder of exclusive right to use has an exclusive right to use the registered trademark. 
 
(Limitations of effects of trademark right) 
A r t i c l e  2 6  ( 1 )  A  t r a d e m a r k  r i g h t  s h a l l  h a v e  n o  e f f e c t  o n  a n y  o f  the following trademarks (including those which 
constitute part of other trademarks): 
(i) a trademark indicating, in a common manner, one's own portrait, name, famous pseudonym, 
professional name, pen name or famous abbreviation thereof;  
 
 
  
19 (ii) a trademark indicating, in a common manner, the common name, place of origin, place of sale, 
quality, raw materials, efficacy, intended purpose, shape, the method or feat ures including time of 
production or use, quantity or price of the design ated goods or goods similar thereto, or the common 
name, location of provision, quality, articles to be used in such provision, efficacy, intended purpose, 
modes, method or features including time of provis ion, quantity or price of services similar to the 
designated goods; 
(iii) a trademark indicating, in a common manner, th e common name, location of provision, quality, 
articles to be used in such provis ion, efficacy, intended purpose, modes, method or features including 
time, quantity or price of provision of the designat ed services or services similar thereto, or the 
common name, place of origin, place of sale, qualit y, raw materials, efficacy, intended purpose, 
modes, the method or features including time of prod uction or use, quantity or price of goods similar 
to the designated services; 
(iv) a trademark customarily used for the designated goods or designated services or goods or services 
similar thereto; or 
(v) a trademark consisting solely of features provided by Cabinet Order among features that are 
naturally provided to  goods, etc.; and 
(vi) in addition to those listed in each of the prec eding items, a trademark which is not used in such a 
mode that consumers may recognize the goods or se rvices as those pertaining to the business of a 
particular person. 
(2) Item (i) of the preceding paragraph shall not apply where, after the registration of esta blishment of the trademark 
right, one's own portrait, name, famous pseudonym, professional  name, pen name or famous abbreviation thereof 
is used for the purpose of  unfair competition. 
(3) A trademark right shall have  no effect against any of the f ollowing acts; provided, howev er, that this shall apply only 
if such act is not performed for the purpose of unfair competit ion: 
 (i) to affix a geographical indication prescribed in Article 2 (3) of the Act on Protection of the Names of Specific 
Agricultural, Forestry and Fishery Products and Foodstuffs (Act  No. 84 of 2014; hereinafter referred to as the "Specific 
Agricultural, Forestry and Fishery Product Name Protection Act" ) (hereinafter referred to as a "geographical 
indication" in the following it em and item (iii)) to goods or p ackages of goods pursuant to the provisions of Article 
3(1) of the said Act (including cases where applied mutatis mut andis pursuant to Article 30 of the said Act following 
the deemed replacement of terms; the same shall apply in the fo llowing item and item (iii)); 
 (ii) to assign, deliver, display for the purpose of assignment  or delivery, import or export goods or packages of goods to 
which a geographical indication has been affixed pursuant to th e provisions of Article 3(1) of the Specific Agricultural, 
Forestry and Fishery Produ ct Name Protection Act; or 
 (iii) to display an invoice o f goods with a geographical indic ation affixed thereto pursuant to the provisions of Article 
3(1) of the Specific Agricultural, Forestry and Fishery Product  Name Protection Act. 
 
(Scope of registered trademark, etc.) 
Article 27 (1) The scope of a registered trademark shall be det ermined based on the trademark stated in the application. 
(2) The scope of the designated goods or designated services sh all be determined based on the statement in the 
application.  
 
 
  
20 (3) In the case of paragraph (1), meanings of statem ent of the trademark stated in the application shall 
be interpreted by considering the stat ement and materials of Article 5(4). 
 
Article 28 (1) A request for an advisory opinion on the effects  of a trademark right may be filed to the Patent Office. 
(2) Upon receipt of the request u nder the preceding paragraph, the Commissioner of the Patent Office shall designate 
three administrative judges and h ave them make an advisory opin ion. 
(3) Articles 71(3) and 71(4) of the Patent Act shall apply muta tis mutandis to the advisory opinion provided for in 
paragraph (1). 
 
Article 28-2 (1) Where the Commissioner of the Patent Office is  commissioned by a court to provide an expert opinion 
on the effects of a trademark right, the Commissioner shall des ignate three administrative judges and have them 
provide such expert opinion. 
(2) Articles 71-2(2) of the Patent Act shall apply mutatis muta ndis to the commissioned provision of the expert opinion 
provided for in paragraph (1). 
 
(Relationship with another person's patent right, etc.) 
Article 29 Where the use of a registered trademark in a particu lar manner in connection with  its designated goods or 
designated services conflicts wi th another person's right to a patent, utility model or design for which an application 
has been filed prior to the filing date of an application of th e said registered trademark or upon another person's 
copyright or neighboring right arising prior to the filing date  of the same, the holder of trademark right, exclusive 
right to use or non-exclusive right to use may not use the regi stered trademark in the same manner on the conflicting 
part of the designated goods or designated services. 
 
(Exclusive right to use) 
Article 30 (1) The holder of trademark right may establish an e xclusive right to use to the trademark to which he/she 
holds the right; provided, however, that this provision shall n ot apply to the trademark right pertaining to an 
application for trademark registration provided in Article 4(2)  or a regionally based collective trademark. 
(2) The holder of exclusive right to use shall have an exclusiv e right to use a registered trademark in connection with 
the designated goods or designated services to the extent provi ded by the agreement under which such right is 
granted. 
(3) The exclusive right to use may be transferred only where th e consent of the holder of trademark right is obtained 
or where the transfer falls unde r general succession including inheritance. 
(4) Articles 77(4) and 77(5) (est ablishment of pledge, etc.), 9 7(2) (waiver), and 98(1)(ii) and 98(2) (effects of 
registration) of the Patent Act s hall apply mutatis mutandis to  an exclusive right to use. 
 
(Non-exclusive right to use) 
Article 31 (1) The holder of trademark right may grant to anoth er person a non-exclusive right  to use to the trademark 
to which he/she holds the right.  
(2) The holder of non-exclusive right to use shall have the rig ht to use the registered tra demark for the designated 
goods or designated services to the extent provided by the agre ement under which such right is granted.  
 
 
  
21 (3) A non-exclusive right to use may be transferred only where the consent of the holder of trademark right (the holders 
of trademark right and of exclusive right to use in the case of  a non-exclusive right to use granted in connection 
with an exclusive right to use) is obtained or where the transf er falls under general succession including inheritance. 
(4) When a non-exclusive right to use is registered, the non-ex clusive right to use shall have effect on any person who 
subsequently acquires the tradem ark right or the exclusive righ t to use, or the exclusive right to use on the trademark 
right. 
(5) The transfer, modification, extinguishment or restriction o n disposition of a non-exclusi ve right to use shall have 
no effect on any third pa rty unless registered. 
(6) Articles 73(1) (joint ownership), 94(2) (establishment of r ight of pledge) and 97(3) (waiver) of the Patent Act shall 
apply mutatis mutandis to a n on-exclusive right to use. 
 
(Right of members of corporation or association) 
Article 31-2 (1) Members of a juridical person provided in Arti cle 7(1) holding a trademark right to a collective 
trademark (hereinafter referred to as "collective members") or members of an association, etc. holding a trademark 
right to a regionally based collective trademark (hereinafter r eferred to as "regional collective members") shall have 
the right to use a registered tr ademark relating to collective trademark or regionally based collective trademark for 
the designated goods or designated services as provided by the said juridical person or association, etc.; provided, 
however, that in the case and only to the extent that an exclus ive right to use the registered trademark (limited to 
the trademark right pertaining to a collective trademark) has b een established. 
(2) The right provided for in th e main clause of  the preceding paragraph may not be transferred. 
(3) For the purpose of applicatio n of Articles 24-4, 29, 50, 52 -2, 53 and 73, collective members or regional collective 
members shall be deemed to be holders of non-exclusive right to  use. 
(4) For the purpose of the application of Article 33(1)(iii) in  relation to registered trademarks in connection with 
collective trademarks and regionally based collective trademark s, "or a person who has the non-exclusive right to 
use which is effective regarding the trademark right or the exc lusive right to use under Art icle 31(4) of this Act. " 
in the said item shall read, "or a person who has the non-exclu sive right to use which is  effective regarding the 
trademark right or the exclusive right to use under Article 31( 4) of this Act, or collective members or regional 
collective members who have the right to use the said trademark ." 
 
(Right to use trademark arising from prior use) 
Article 32 (1) Where a trademark identical with, or similar to,  the trademark for which the application is filed by 
another person has been used in Japan in connection with the de signated goods or designated services of the 
trademark for which the application is filed, or in connection with goods or services similar thereto, without any 
intention to be engaged in unfair competition, from the time pr ior to the filing of such other person's application 
for the said trademark registration, and as a result, at the ti me of filing of the application for trademark registration 
(at the time of filing of the original application for trademar k registration or the submission of a written amendment, 
if the application for trademark registration is deemed to have  been filed at the time of submission of a written 
amendment under Article 9-4 of this Act or Article 17-3(1) of t he Design Act as applied  mutatis mutandis under 
Article 17-2(1) or 55-2(3) of this Act (including its mutatis m utandis application under Article 60-2(2))), such 
trademark has become well known among consumers as that indicat ing goods or services perta ining to the business  
 
 
  
22 of the person, the person shall have the right to use the trade mark in connection with suc h goods or services as far 
as the said person continuously uses the trademark for the good s or services. The same shall apply to those by whom 
such business is succeeded. 
(2) The holder of trademark right or of exclusive right to use may request the person who has the right to use the 
trademark pursuant to the preceding paragraph to affix an indic ation that may sufficiently prevent any confusion 
between the goods or services per taining to the business of the  said person and those of its own. 
 
Article 32-2 (1) Any person who has been using in Japan a trade mark identical with, or similar to, a regionally based 
collective trademark for which an application for registration is filed by another person in connection with the 
designated goods or designated services for which the applicati on for trademark registration is filed, or in 
connection with goods or services  similar thereto, without any intention to be engaged in unfair competition, prior 
to the filing of such other person's application for trademark registration of the said reg ionally based collective 
trademark, shall have the right t o use the trademark in connect ion with such goods or services as far as the said 
person continuously uses the trademark in connection with such goods or services. The same shall apply to those 
by whom such business is succeeded. 
(2) The holder of trademark right may request the person who ha s the right to use the trademark pursuant to the 
preceding paragraph to affix an indication that may sufficientl y prevent any confusion betw een the goods or services 
pertaining to the business of the  said person and  those of its own or its members. 
 
(Right to use trademark arising from use prior to  registration of request for invalidation trial) 
Article 33 (1) Where, prior to t he registration of a request fo r a trial provided for in Article 46(1), a person falling 
under any of the following items has been using in Japan a regi stered trademark or a trademark similar thereto in 
connection with the designated goods or designated services or goods or services similar thereto without the 
knowledge that the said trademark registration falls under any of the items of the said paragraph, and the said 
trademark has become well known among consumers as that indicat ing goods or services pertaining to its business, 
the person shall have the right to use the trademark in connect ion with such goods or services as far as the said 
person continuously uses the trademark for such goods or servic es; the same shall apply to those by whom such 
business is succeeded: 
(i) the original holder of trademark right, where one of two or more trademark registrations for identical 
or similar trademarks to be used in connection with identical or similar designated goods or 
designated services has been invalidated; 
(ii) the original holder of trademark right, where the trademark registration has been invalidated and 
a trademark identical with, or similar to, such trad emark to be used in connection with identical or 
similar designated goods or designated services is re gistered for the person who is entitled to such a 
trademark; or 
(iii) in the case of the preceding tw o items, a person who, at the time of registration of the request for 
a trial under Article 46(1), has the exclusive right to use of the trademark right of the trademark 
registration which has been invalidated or a person who has the non-exclusive right to use which is effective regarding the trademark ri ght or the exclusive right to use under Article 31(4) of this Act.  
 
 
  
23 (2) The said holder of trademark right or of exclusive right to  use shall be entitled to receive reasonable compensation 
from the person who has the right to use the trademark pursuant  to the preceding paragraph. 
(3) Article 32(2) shall apply mut atis mutandis to paragraph (1) . 
 
(Right to use trademark after expiration  of duration of patent right, etc.) 
Article 33-2 (1) Where a patent right of an application that ha s been filed prior to or on the same date as the filing date 
of an application for trademark registration conflicts with the  trademark right of the application for trademark 
registration, upon expiration of t he duration of the said paten t right, the original patent right holder shall have the 
right to use the registered trademark or a trademark similar th ereto in connection with the designated goods or 
designated services specified in the application, or goods or s ervices similar thereto, within the limits of the original 
patent right; provided, however, that such trademark is not use d for the purpose of unfair competition. 
(2) Article 32(2) shall apply mut atis mutandis to the preceding  paragraph. 
(3) The preceding two paragraphs shall apply mutatis mutandis, where a utility model or des ign right of an application 
that has been filed prior to or on the same date as the filing date of an application for trademark registration conflicts 
with the trademark right of the application for trademark regis tration, upon expiration of the duration of such utility 
model right or design right. 
 Article 33-3 (1) Where a patent right of an application that ha s been filed prior to or on the same date as the filing date 
of an application for trademark registration conflicts with the  trademark right of the application for trademark 
registration, upon expiration of the duration of the said paten t right, the person who, at the time of expiration of the 
duration of the patent right, has  the exclusive license to work  the patent right, or a non-exclusive license to work 
which is effective on the patent  right or on the exclusive lice nse to work, shall have the right to use the registered 
trademark or a trademark similar thereto, within the limits of the original patent right, in connection with the 
designated goods or designated services specified in the applic ation for trademark registration, or goods or services 
similar thereto; provided, howev er, that such tr ademark is not used for the purpose of unfair competition. 
(2) Articles 32(2) and 33(2) sha ll apply mutatis mutandis to th e preceding paragraph. 
(3) The preceding two paragraphs  shall apply mutatis mutandis, where a utility model or a design right of an application 
which has been filed prior to or on the same date as the filing  date of an application for trademark registration 
conflicts with the trademark right of the application for trade mark registration, upon expiration of the duration of 
such utility model ri ght or design right. 
 
(Pledges) 
Article 34 (1) Where a pledge is established on a trademark rig ht, exclusive right to use or non-exclusive right to use, 
unless otherwise provided for by  contract, the pledgee may not use the registered trademark in connection with the 
designated goods or designated services. 
(2) The establishment, transfer,  modification, ext inguishment o r restriction on disposition of a pledge on a non-
exclusive right to use shall have no effect on any third party without registration. 
(3) Article 96 (subrogation) of the Patent Act shall apply muta tis mutandis to pledges on a trademark right, exclusive 
right to use or non-exclusive right to use.  
 
 
  
24 (4) Article 98(1)(iii) and (2) (effects of registration) of the  Patent Act shall apply mutatis mutandis to pledges on a 
trademark right or exclusive right to use. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 35 Article 73 (co-owners hip), 76 (Lapse of patent right s in absence of heir), 97(1) (waiver), and 98(1)(i) and 
98(2) (Effect of registration) of the Patent Act shall apply mu tatis mutandis to trademark rights. In this case, the 
term "transfer (excluding those by general succession including  inheritance)" in Article 98(1)(i) of the Patent Act 
shall be deemed to be replaced with "division and transfer (exc luding those by general succession including 
inheritance)." 
 
Section 2 Infringement of Rights 
 
(Right to demand injunction) 
Article 36 (1) The holder of trademark right or of exclusive ri ght to use may demand a person who is infringing or is 
likely to infringe the trademark  right or the exclusive right t o use to stop or preve nt such infringement. 
(2) In making such a demand under the preceding paragraph, the holder of trademark right or of exclusive right to use 
may demand the person to take measures necessary for the preven tion of such infringement, including the 
destruction of articles which c onstitute the act of infringemen t and the removal of equipment used for or 
contributing to the act of infringement. 
 
(Acts deemed to constitute infringement) 
Article 37 The following acts sha ll be deemed to constitute inf ringement of a trademark righ t or an exclusive right to 
use: 
(i) the use of a trademark similar to  the registered trademark in conn ection with the designated goods 
or designated services, or the use of the regist ered trademark or a trademark similar thereto in 
connection with goods or services similar to the designated goods or designated services; 
(ii) the possession for the purpose of assignment, deli very or export of the de signated goods, or goods 
similar to the designated goods or designated serv ices, affixed with the re gistered trademark or a 
trademark similar thereto on the goods or their packages; 
(iii) the possession or importation of articles affi xed with the registered trademark or a trademark 
similar thereto, that are used in the course of the provision of designated services or services similar 
to the designated services or the designated goods by a person who receives the said services, for the 
purpose of the provision of the said serv ices through use of the said articles; 
(iv) the assignment, delivery, or possession or importation for the purpose of assignment or delivery of 
articles affixed with a registered trademark or a trademark similar thereto, that are used in the 
course of the provision of designated services or services similar to the designated services or the 
designated goods by a person who receives the said  services, for the purpose of causing the provision 
of the said services through use of the said products;  
 
 
  
25 (v) the possession of products indicating the regist ered trademark or a trademark similar thereto, for 
the purpose of using the registered trademark or a trademark similar thereto in connection with the 
designated goods or designated services, or goods or services similar thereto; 
(vi) the assignment, delivery, or possession for the purpose of assignment or delivery, of articles 
indicating the registered trademar k or a trademark similar thereto,  for the purpose of causing the 
registered trademark or a trademark similar theret o to be used in connection with the designated 
goods or designated services, or g oods or services similar thereto; 
(vii) the manufacture or importatio n of products indicating the regi stered trademark or a trademark 
similar thereto, for the purpose of using or causing to be used  the registered trademark or a 
trademark similar thereto in connection with the de signated goods or designated services or goods 
or services similar thereto; and 
viii) the manufacture, assignment, delivery or import ation, as a business, of products to be used 
exclusively for the manufacturing of products indi cating the registered trademark or a trademark 
similar thereto. 
 
(Presumption of amount of damage, etc.) 
Article 38 (1) Where a holder of  trademark right or of exclusiv e right to use claims against an infringer compensation 
for damage sustained as a result of the intentional or negligen t infringement of the trademark right or the exclusive 
right to use, and the infringer assigned the goods that constit ute the act of infringement, the amount of damage 
sustained by the holder of tradema rk right or of exclusive righ t to use may be presumed to be the total of the amounts 
provided in each of the following items. 
(i)the amount of profit per unit  of goods which w ould have been  sold by the holder of trade mark right or of exclusive 
right to use if there had been no such act of infringement, mul tiplied by the portion not exceeding the quantity (if 
there are circumstances due to which the holder of trademark ri ght or of exclusive right to use would have been 
unable to sell the quantity of g oods equivalent to all or part of the portion, the quantity due to such circumstances 
(referred to as “specified quantity ” in the same item) shall be deducted) proportionate to the abil ity of the holder 
of trademark right or of exclusive right to use to work the goo ds (referred to as “usage equivalent quantity ” i n  t h e  
same item) within the quantity of goods assigned by the infring er who has committed the infringement of the 
trademark right or of the exclusive right to use (referred to i n the next item as “assigned quantity ”) ; 
(ii) the amount equivalent to the amount of money to be receive d for the use of the registered trademark relating to the 
trademark right or exclusive right to use according to the quan tity in the case where there is a quantity that exceeds 
the usage quantity within the a ssigned quantity, or a specified  quantity (except in the cas e where it is not recognized 
that the holder of trademark right or of exclusive right to use  would have been able to establish the exclusive right 
to use or grant a non-exclusive right to use on the trademark r ight of the holder of trademark right, or grant a non-
exclusive right to use on the exclusive rig ht to use of the hol der of exclusive right to use) .) 
(2) Where the holder of trademark right or of exclusive right t o use claims against an infringer compensation for 
damage sustained as a result of the intentional or negligent in fringement of the trademark right or the exclusive 
right to use, and the infringer earned profits from the act of infringement, the amount of profits earned by the 
infringer shall be presumed to be the amount of damage sustaine d by the holder of trademark right or of exclusive 
right to use.  
 
 
  
26 (3) The holder of trademark right or of exclusive right to use may claim against an infring er compensation for damage 
sustained as a result of the intentional or negligent infringem ent of the trademark right or the exclusive right to use, 
by regarding the amount the holder of trademark right or of exc lusive right to use woul d have been entitled to 
receive for the use of the registered trademark as the amount o f damage sustained. 
(4) When a court determines the a mount equivalent to the amount  of money to be received for the use of the registered 
trademark provided in paragraph (1) item (ii) and the preceding  paragraph, the court may take into consideration 
compensation which the holder of trademark right or of exclusiv e right to use would obtain if the holder of 
trademark right or exclusive righ t to use agreed on the compens ation of the use of the registered trademark relating 
to the trademark right or the exclusive right to use with the i nfringer on the premise that the trademark right or 
exclusive right to use had been infringed. 
(5) Where a holder of trademark right or of exclusive right to use claims against an infringer compensation for damage 
sustained as a result of the intentional or negligent infringem ent of the trademark right or the exclusive right to use, 
and the infringement has been committed by using a registered t rademark (including a trad emark deemed identical 
from a common sense perspective with the registered trademark, including a trademark consisting of characters 
identical with the registered trademark but in different fonts,  a trademark that is written in different characters, 
Hiragana characters, Katakana characters, or Latin alphabetic c haracters, from the register ed trademark but identical 
with he registered trademark in terms of pronunciation and conc ept, and a trademark consisting of figures that are 
considered identical in terms of appearance with those of the r egistered trademark; the same shall apply in Article 
50) in connection with the designated goods or designated servi ces, the amount of damage sustained by the holder 
of trademark right or of exclusive right to use may be presumed  to be the amount equivalent to the expenses 
normally required for the acquis ition and mainte nance of the tr ademark right. 
(6) Paragraph (3) and the preceding paragraph shall not prevent  any relevant party from claiming compensation for 
damage in an amount exceeding the amount provided therein. In t his case, where the infringer committed the 
infringement of the trademark ri ght or the exclusive right to u se without intent or gross negligence, the court may 
take these circumstances into consideration in determining the amount of damages to be awarded. 
 
(Limitation to assertion) 
Article 38-2 Where the following trial decisions or rulings hav e become final and binding after the final judgment on 
a litigation pertaining to infringement of the trademark right or the exclusive right to us e or to a claim for payment 
of money as provided in Article  13-2(1) (including cases where it is applied mutatis mutandis in Article 68(1)) has 
become final and binding, a person who was a party of the said litigation may not claim that the said trial decisions 
or rulings have become final and binding in the appeal for retr ial against the said final judgment (including appeals 
for the purpose of the claim of the compensation for damages ag ainst an obligee of a case of provisional seizure 
order in which the said litigation is the case and appeals for the purpose of the claim of the compensation for 
damages and the return for unjust enrichment against an obligee  of the case of provisional disposition order in 
which the said litigation is the case): 
(i) appeal/trial decision to the effect that the said trademark registration is to be invalidated; 
(ii) a decision to the effect that the said trademark registration is to be rescinded. 
 
(Mutatis mutandis applicat ion of the Patent Act)  
 
 
  
27 Article 39 Articles 103 (Presumption of negligence), 104-2 (Obl igation to clarify the specific condition); 104-3(1) and 
(2) (Restriction on exercise of rights of patentee, etc.), 105 (Production of documents, etc.), 105-2-11 to 105-6 
(Expert opinion for calculation of damages; Determination of re asonable damages; Protective order; Rescission of 
protective order and Notice, etc. of a request inspection of re cord, etc.) and 106 (Measures to restore credibility) of 
the Patent Act shall apply muta tis mutandis to the infringement  of a trademark right and an exclusive right to use. 
 
Section 3 Registration Fees 
 (Registration fees) 
Article 40 (1) A person obtaining the registration of establish ment of a trademark right shall pay as a registration fee 
for each trademark registration the amount of 28,200 yen multip lied by the number of classes (referring to classes 
of goods and services provided by Cabinet Order provided for in  Article 6(2), to which the designated goods or 
designated services belong; the same shall apply hereinafter). 
(2) A person filing a request for the registration of renewal o f the duration of a trademark right shall pay as a 
registration fee for each tradema rk registration the amount of 38,800 yen multiplied by  the number of classes. 
(3) The preceding two paragraphs  shall not apply to trademark r ights belonging to the State. 
(4) Where a trademark right is jointly owned by the State and a  person or persons other tha n the State, and the portion 
of their respective shares of the said trademark right has been  agreed, notwithstanding paragraphs (1) and (2), the 
registration fee provided for in the said paragraphs shall be t he amount of the registration fee provided in the said 
paragraphs multiplied by the tot al ratio of the share of each p erson other than the State, which shall be paid by the 
person or persons other than the State.  
(5) Any fractional figures of the registration fee calculated i n accordance with the preceding paragraph smaller than 
10 yen, if any, shall be discarded. 
(6) The registration fee provided for in paragraphs (1) and (2)  shall be paid by patent revenue stamps as provided by 
Ordinance of the Ministry of Economy, Trade and Industry; provi ded, however, that the payment may be made in 
cash if permitted under the Ord inance of the Ministry of Econom y, Trade and Industry. 
 
(Time limit for payment of registration fees) 
Article 41 (1) The registration fee under Article 40(1) shall b e paid within 30 days from the service of a transcript of 
an examiner's decision or an app eal/trial decision to the effec t that a trademark is to be registered. 
(2) Upon the request of a person required to pay the registrati on fee, the Commissioner of the Patent Office may extend 
the period of time provided in th e preceding para graph by a max imum of 30 days. 
(3) Where a person required to pay the registration fee is unab le to pay the registration fee within the time limit under 
paragraph (1) (where the time limit under the preceding paragra ph is extended, the extende d time limit), the said 
person may, in accordance with Ordinance of the Ministry of Eco nomy, Trade and Industry, pay the said registration 
fee only within the time limit as provided in Ordinance of the Ministry of Economy, Trade and Industry, even after 
the expiration of t he time limit. 
(4) Where, due to reasons beyond t he control of a person requir ed to pay a registration fee, the person is unable to pay 
the registration fee within the time limit for payment of the r egistration fee provided in the preceding paragraph, 
the said person may, notwithstanding the provisions of the said  paragraph, pay the registration fee within 14 days  
 
 
  
28 (two months for resident abroad) from the date on which the rea sons for not paying ceased to be applicable, but not 
later than six months after the expiration of the said time lim it. 
(5) The registration fee under Article 40(2) shall be paid at t he time of filing of a request for renewal of registration. 
 
(Payment of registration fee by installments) 
Article 41-2 (1) Notwithstandi ng Article 40(1), a person obtain ing a registration of establishment of a trademark right 
may pay the prescribed registration fee by installments. In thi s case, 16,400 yen multiplied by the number of classes 
shall be paid for each trademark registration within 30 days fr om the service of a transcript of an examiner's decision 
or appeal/trial decision to the effect that a trademark is to b e registered, and an additiona l 16,400 yen multiplied by 
the number of classes shall be paid for each trademark registra tion no later than five years prior to the expiration 
of the duration of t he trademark right. 
(2) Upon the request of a person required to pay the registrati on fee to be paid within 30 days from the service of a 
transcript of an examiner's decision or appeal/trial decision t o the effect that a trademark is to be registered has 
been made under the preceding paragraph (hereinafter, referred to as "an earlier-installation registration fee"), the 
Commissioner of the Patent Office may extend the time limit as provided in the said paragraph by a period not 
exceeding 30 days. 
(3) Where a person required to pay an earlier-installment regis tration fee is unable to pay the fee within the time limit 
during which the said person is r equired to pay the fee (where the time limit under the preceding paragraph is 
extended, within the extended time limit), the said person may,  in accordance with Ordinance of the Ministry of 
Economy, Trade and Industry, pay  the earlier-installment regist ration fee only within the t ime limit as provided in 
Ordinance of the Ministry of E conomy, Trade and Industry, even after the expiration of the time limit. 
(4) Where, due to reasons beyond the control of a person requir ed to pay an earlier-instal lment registration fee, the 
person is unable to pay the earlier-installment registration fe e within the time limit for payment of the fee as 
provided in the preceding paragraph, the said person may, notwi thstanding the provision of the said paragraph, pay 
the registration fee within 14 days (two months for a resident abroad) from the date on which the reasons for not 
paying the fee ceased to be applicable, but not later than six months after the expiratio n of the said time limit. 
(5) Where a person required to pay a registration fee due and p ayable no later than five years prior to the expiration of 
the duration of the trademark right under paragraph (1) (herein after referred to as "a later-installment registration 
fee") is unable to pay the later-installment registration fee w ithin the time limit during which the said person is 
required to pay the fee, the person may make a late payment of the said later-installment registration fee even after 
the expiration of the said time l imit, but not later than 6 mon ths following the expiration of the said time limit. 
(6) Where the later-installment registration fee and the regist ration surcharge under Article  43 (3) have not been paid 
within the time limit for late payment of the later-installment  registration fee under the preceding paragraph, the 
trademark right shall be deemed to have been extinguished retro actively upon the day which  is five years prior to 
the expiration of t he duration of the trademark right. 
(7) Notwithstanding Article 40(2), a person filing a request fo r the registration of renewal of the duration of a trademark 
right may pay the prescribed registration fee by installments. In this case, the said applicant shall pay 22,600 yen 
multiplied by the number of classes for each trademark registra tion at the time of filing of the request for the 
registration of renewal, and an additional 22,600 yen multiplie d by the number of classes for each trademark 
registration no later than five years prior to the expiration o f the duration of the  trademark right.  
 
 
  
29 (8) The provisions of paragraphs (5) and (6) shall apply mutati s mutandis to the case where late payment of the 
registration fee to be paid not later than five years prior to the expiration of the durati on of the trademark right 
under the preceding paragraph, i s made. In this case, the term "paragraph (1)" in paragraph (5) shall be deemed to 
be replaced with "paragraph (7)". 
(9) The provisions of paragraphs  (3) to (5) of Article 40 shall  apply mutatis mutandis to  paragraphs (1) and (7). 
 
(Restoration of a trademark righ t by late payment of a later-installment registration fee) 
Article 41-3 (1) Where the original holder of a trademark right which was deemed to have been 
extinguished pursuant to Article 41-2(6) has justifi able reasons for having been unable to pay the later-
installment registration fee and the registration surc harge under Article 43(3) within the time limit for 
late payment of the later-installm ent registration fee as provided in the paragraph (5) of the said 
Article, the said original holder may make a late payment for such later-installment registration fee 
and registration surcharge only wi thin the time limit provided by Ordinance of the Ministry of 
Economy, Trade and Industry. (2) Where a late payment of the later-installment re gistration fee and the registration surcharge under 
Article 43(3) is made under the preceding paragraph, the trademark right shall be deemed to have been 
existed retroactively since the day preceding the five  years prior to the expi ration of the duration. 
(3) The provisions of the preceding two paragraphs sh all apply mutatis mutandis to the case where late 
payment of the registration fee to be paid not later th an five years prior to the expiration of the duration 
of the trademark right and the re gistration surcharge under Article 43(3) are made under paragraph 
(7) of the preceding Article. 
 
(Limitations of effects of trademark right restored by late payment of a later-installment registration 
fee, etc.) 
Article 41-4 The effects of a trademark right restored pursuant to paragraph (2) of the preceding Article 
may not be effective against the follo wing acts conducted after the expiration of the time limit for the 
late payment of a later-installment registration fee but before the registration  that the trademark right 
is deemed to have been existed pursuant to paragraph (2) of the preceding Article, under Article 41-
2(5): (i) the use of the registered trad emark in connection with the desi gnated goods or the designated 
services; and 
(ii) the acts provided for in  each item of Article37. 
(2) The provision of the preceding paragraph shall a pply mutatis mutandis to the effects of a trademark 
right restored pursuant to paragraph (2) of the prec eding Article as applied mutatis mutandis pursuant 
to paragraph (3) of the preceding Article.  
(Payment of registration fee by interested person) 
Article 41-5 (1) Any interested person may make payment of the registration fee (excluding the registration fee due 
and payable at the time of fili ng of a request for renewal of r egistration) even against the intention of the person by 
whom the said fee is to be paid.   
 
 
  
30 (2) An interested person who makes payment of the registration fee in accordance with the preceding paragraph may 
demand payment to reimburse the e xpense thereof from the person  by whom the said fee was to have been paid, to 
the extent that the said person receives actual benefits theref rom. 
 
(Refund of registration fee already paid) 
Article 42 (1) Only the  following registrat ion fees are refunda ble upon request by a payee: 
(i) a registration fee paid in excess, or in error; or 
(ii) a registration fee due and payable no later than fi ve years prior to the expiration of the duration of 
the trademark right under Article 41-2(1) or 41-2(7) (limited to the case where a rescission decision 
under Article 43-3(2) or appeal/trial decision to th e effect that a trademark registration is to be 
invalidated becomes final and binding no later than fi ve years prior to the expiration of the duration 
of the trademark right). 
(2) No refund of any registration fee under the preceding parag raph may be requested after the lapse of one year from 
the day on which the registration fee is paid in the case of re gistration fees provided for in item (i) of the preceding 
paragraph and six months from the day on which a rescission dec ision under Article 43-3( 2) or an appeal/trial 
decision becomes final and binding in the case of registration fees provided for in item (ii) of the preceding 
paragraph. 
(3) Where, due to reasons beyond the control of the person, the  person filing a request for refund a registration fee is 
unable to file the request within the time limit as provided in  paragraph (1), the said person may, notwithstanding 
the said paragraph, file the request within 14 days (two months  for resident abroad) from the date on which the 
reasons for not filing ceased to be applicable, but not later t han six months after the expiration of the said time 
limit. 
 
(Registration surcharge) 
Article 43 (1) A person filing a request for renewal of registr ation under Article 20(3) or 21(1) shall pay, in addition 
to the registration fee due and payable under Article 40(2), a surcharge in an amount equivalent to the registration 
fee. 
(2) Where Article 41-2(7) is appl icable, a person filing a requ est provided in the precedi ng paragraph shall pay, in 
addition to the registration fee due and payable at the time of  filing of the request for reg istration of renewal under 
Article 41-2(7), a surcharge in a n amount equivalent to the reg istration fee. 
(3) Where Article 41-2(5) (includ ing cases where it is applied mutatis mutandis pursuant to paragraph (8) of the same 
Article) is applicable, the holder of trademark right shall pay , in addition to the registration fee due and payable no 
later than five years prior to the expiration of the duration o f the trademark right under paragraph (1) or (7) of the 
same Article, a surcharge in an amount equivalent  to the regist ration fee. 
(4) The surcharges under the preceding three paragraphs shall b e paid by patent revenue stamps as provided by 
Ordinance of the Ministry of Economy, Trade and Industry; provi ded, however, that the payment may be made in 
cash, if permitted by Ordinance of the Ministry of Economy, Tra de and Industry. 
 
CHAPTER IV-2 OPPOSITION TO REGISTRATION 
  
 
 
  
31 (Opposition to registration) 
Article 43-2 Any person may file with the Commissioner of the P atent Office an opposition to  registration within two 
months from the date of publicat ion of the bulletin containing the trademark, on the grounds that the trademark 
registration falls under any of the following items; in this ca se, an opposition to registration may be filed for each 
of designated goods or designated services if the relevant trad emark has been registered in connection with two or 
more designated goods o r designated services: 
(i) where the trademark registration has been made in violation of Article 3, 4(1) , 7-2(1), 8(1), 8(2), 8(5), 
51(2) (including its mutatis mutandis application un der Article 52-2(2)), 53(2) of this Act or Article 
25 of the Patent Act as applied mutatis muta ndis under Article 77(3) of this Act; and 
(ii) where the trademark registration ha s been made in violation of a treaty. 
(iii) where the trademark registrati on has been made for an application for trademark registration not 
satisfying the requirements under Article 5(5). 
 
 (Decision) 
Article 43-3 (1) An examination and decision on an opposition t o registration shall be conducted by a panel consisting 
of three or five administrative judges. 
(2) Where the administrative judges find the trademark registra tion pertaining to an opposition to registration falls 
under any of the items of Article 43-2, the administrative judg es shall render a decision  to the effect that the 
trademark registration is to be rescinded (hereinafter referred  to as "rescission decision"). 
(3) Where the rescission decision becomes final and binding, th e relevant trademark right shall be deemed never to 
have existed. 
(4) Where the administrative judges find the trademark registra tion pertaining to an opposition to registration does not 
fall under any of the items of Article 43-2, the administrative  judges shall render a decision to the effect that the 
trademark registration is to be maintained. 
(5) No appeal may be made against the decision under the preced ing. 
 
(Formal requirements for f iling an opposition, etc.) 
Article 43-4 (1) A person filing an opposition to registration of a trademark shall submit to the Commissioner of the 
Patent Office a written opposition stating the following matter s: 
(i) the name and the domic ile or residence of the opponent to th e registration and a representative(s) 
thereof; 
(ii) the indication of the trademark registration pertaining to the opposition to registration; and 
(iii) the grounds of the opposition to registra tion and the indication of supporting evidence. 
(2) An amendment of the written opposition to registration subm itted under the preceding paragraph shall not change 
the gist thereof. Notwithstanding, this provision shall not app ly to any amendment with respect to the matters 
provided for in item (iii) of the preceding paragraph; provided  that such amendment is made no later than thirty 
days from the lapse of the ter m provided in Article 43-2. 
(3) The Commissioner of the Patent Office may, upon request or ex officio, extend the period  provided in the preceding 
paragraph for a person in a remote area or an area with transpo rtation difficulties. 
(4) The chief administrative judge shall transmit a copy of the  written opposition to the holder of trademark right.  
 
 
  
32 (5) Article 46(4) shall apply mut atis mutandis to the case wher e an opposition to registration is filed. 
 
(Designation of administrative judges, etc.) 
Article 43-5 Articles 136(2) and 137 to 144 of the Patent Act a s applied mutatis mutandis under Article 56(1) of this 
Act shall apply mutatis mutandis to the panel under Article 43- 3(1) and the administrative judges constituting 
thereof. 
 
 (Trial Clerk) 
Article 43-5 (2) The Commissioner of the Patent Office shall de signate a trial clerk for e ach case of opposition to 
registration. 
(2) The provisions of paragraphs (3) to (5) of Article 144-2 of  the Patent Act as applied mutatis mutandis under Article 
56(1) of this Act shall apply mutatis mutandis to the trial cle rk provided for in the  preceding paragraph. 
 
(Proceedings of examination, etc.) 
Article 43-6 (1) The examination of the opposition to registrat ion shall be conducted by documentary examination; 
provided, however, that where a p etition is filed by the holder  of trademark right, the opponent, an intervenor or ex 
officio, the chief administrat ive judge may dec ide to conduct t he proceedings by oral examination. 
(2) Paragraphs (3) to (5) of Articles 145, 146 and 147 of the P atent Act as applied mutatis mutandis under Article 
56(1) of this Act shall apply mutatis mutandis to an oral exami nation provided for in the proviso to the preceding 
paragraph. 
(3) Where any ground for suspension or termination of procedure s is applicable to one of the joint holders of trademark 
right for an examination and decision on an opposition to regis tration, the said suspension or termination shall have 
effect on all such joint hol ders of trademark right. 
 
(Intervention) 
Article 43-7 (1) In an examination to render a decision on an o pposition to registration, any person who has a right 
relating to the trademark right or any other person who has an interest in the trademark right may intervene in the 
examination in order to assist the holder of trademark right un til the decision on the opposition to registration is 
rendered. 
(2) Articles 148(4), 148(5) and 149 of the Patent Act as applie d mutatis mutandis under Article 56(1) of this Act shall 
apply mutatis mutandis to the intervenor pr ovided for in the pr eceding paragraph. 
 
(Examination and preservation of evidence) 
Article 43-8 Articles 150 and 151 of the Patent Act as applied mutatis mutandis under Article 56(1) of this Act shall 
apply mutatis mutandis to the e xamination and preservation of e vidence in the examinatio n of the opposition to 
registration. 
 
(Ex officio examination) 
Article 43-9 (1) In an examination of an opposition to registra tion, any grounds not pleaded by the holder of trademark 
right, the opponent or the in tervenor may be examined.  
 
 
  
33 (2) In an examination of an oppos ition to registration, no exam ination shall be conducted on any designated goods or 
designated services for which th e opposition to registration is  not raised. 
 
(Joint or separate conduct of oppositions) 
Article 43-10 (1) Where two or more oppositions to registration  are filed in relation to the same trademark right, unless 
special circumstances exist, the  examinations the reof shall be conducted jointly. 
(2) An examination conducted joi ntly in accordance with the pre ceding paragraph may later be divided. 
 
(Withdrawal of opposition) 
Article 43-11 (1) An opposition to  registration, once filed, ma y not be withdrawn after the notification under Article 
43-12 is served. 
(2) Article 155(3) of the Patent  Act as applied mutatis mutandi s under Article 56(2) of this Act shall apply mutatis 
mutandis to the withdrawal of an opposition to registration. 
 
(Notification of reasons for rescission) 
Article 43-12 Where the chief administrative judge intends to r ender a rescission decision, the chief administrative 
judge shall notify the holder of trademark right and the interv enor of the reasons for rescission of the trademark 
registration and give the said parties an opportunity to submit  a written opinion, designati ng a reasonable time limit. 
 
(Formal requirements of decision) 
Article 43-13 (1) The decision with regard to an opposition to registration shall be rendered in writing stating the 
following matters: 
(i) the case number of the opposition to registration; 
(ii) the name and the domicile or residence of the holder of trademark right, the opponent, the 
intervenor and their representative(s); 
(iii) an indication of the tr ademark registration on which the decision was rendered; 
(iv) the conclusions of and reasons for the decision; and 
(v) the date of the decision. 
(2) Where a decision has been rendered, the Commissioner of the  Patent Office shall serve a transcript of the decision 
to the holder of trademark right, the opponent, the intervenor and persons whose request for intervention in the 
examination on the opposition to  registration ha s been refused.  
 
(Scope of final and binding decision) 
Article 43-14 A decision with re gard to an opposition to regist ration shall become final an d binding for each case of 
opposition to registration; provided, however, that the decisio n with regard to an opposition to registration filed 
against the designated goods or designated services shall becom e final and binding for each designated goods or 
services. 
 
(Mutatis mutandis application of pr ovisions concerning appeal/trial)  
 
 
  
34 Article 43-1 5 (1) Articles 133, 133-2, 134(4), 135, 152, 168, paragraphs (3)  to (6) of Article 169, and 170 of the Patent 
Act as applied mutatis mutandis under Article 56(1) of this Act  shall apply mutatis mutandis to an examination and 
a decision on an oppositio n to registration. 
(2) Article 43-3(5) of this Act shall apply mutatis mutandis to  a decision under Article 135 of the Patent Act as applied 
mutatis mutandis under the preceding paragraph. 
 
CHAPTER 5 TRIALS AND APPEALS  
 (Appeal against examiner's decision of refusal) 
Article 44 (1) A person who has received an examiner's decision  to the effect that an application is to be refused and 
is dissatisfied may file a request for appeal against the exami ner's decision of refusal wi thin three months from the 
date the transcript of the examiner's decision has been served.  
(2) Where, due to reasons beyond the control of the person, the  person filing a request for appeal pursuant to the 
preceding paragraph is unable to file the request within the ti me limit as provided in the preceding paragraph, the 
said person may, notwithstanding the said paragraph, file the r equest within 14 days (two months for resident 
abroad) from the date on which the reasons for not filing cease d to be applicable, but not later than six months after 
the expiration of the said time limit. 
 
(Appeal against examiner's decision of dismissal of amendment) 
Article 45 (1) Any person who has received a decision of dismis sal of amendments under Ar ticle 16-2(1) and is 
dissatisfied may file a request f or appeal against the decision  within three months from the date the transcript of 
the decision has been served; provided, however, that this prov ision shall not apply where a new application for 
trademark registration provided in Article 17-3(1) of the Desig n Act as applied mutatis mutandis pursuant to Article 
17-2(1) of this Act is filed. 
(2) Article 44(2) shall apply mut atis mutandis to a request for  appeal under the preceding paragraph. 
 
(Invalidation trial of trademark registration) 
Article 46 (1) Where a  trademark registration falls under any o f the following items, a request for invalidation trial of 
the trademark registration may be filed; in this case, where th e trademark has been registered in connection with 
two or more designated goods or designated services, a request may be filed for each of the designated goods or 
designated services: 
(i) where the trademark registration has been made in violation of Article 3, 4(1) , 7-2(1), 8(1), 8(2), 8(5), 
51(2) (including cases where it is applied mutatis mu tandis pursuant to Article 52-2(2)), 53(2) of this 
Act or Article 25 of the Patent Act as applied mutati s mutandis pursuant to Article 77(3) of this Act; 
(ii) where the trademark registration ha s been made in violation of a treaty; 
(iii) where the trademark registrati on has been made for an application for trademark registration not 
satisfying the requirements under Article 5(5); 
(iv) where the trademark registration  has been made on an application for trademark registration filed 
by a person who has not succeeded the rights deriving from the application for trademark 
registration;  
 
 
  
35 (v) where, after the trademark registration, the hold er of trademark right has become unable to enjoy 
the trademark right pursuant to Article 25 of the Patent Act as applied mutatis mutandis pursuant 
to Article 77(3) of this Act, or the trademark re gistration has become in violation of a treaty; 
(vi) where, after the trademark re gistration, the registered trademark has become a trademark that 
falls under any of Articles 4(1)(i) to 4(1 )(iii), 4(1)(v), 4(1)(vii)  and 4(1)(xvi); and 
(vii) where, after the trademark registration of a regionally based collective trademark, the holder of 
trademark right has ceased to be an Association, et c., or the registered trademark has ceased to be 
a trademark well known among consumers as that indicating goods or services in connection with the business of the holder of trademark right or its members, or ceases to fall under any of the items 
of Article 7-2(1). 
(2) A request for a trial under the preceding paragraph may be filed only by an interested person. 
(3) A request for a trial under paragraph (1) may be filed even  after the extinguishment of the trademark right. 
(4) Where a request for a trial is filed under paragraph (1), t he chief administrative judge shall notify the holder of 
exclusive right to use the trademark right relating thereto or any other person who holds any right registered with 
regard to the trademark registration, of the fact. 
 
Article 46-2 (1) Where a trial decision to the effect that the trademark registration is to b e invalidated becomes final 
and binding, the trademark right shall be deemed never to have existed; provided, however, that where the trademark 
registration falls under any of items (v) to (vii) of paragraph  (1) of Article 46, and a trial decision to the effect that 
the trademark registration is to be invalidated becomes final a nd binding, the trademark right shall be deemed not 
to have existed from the time any of items (v) to (vii) of the said paragraph first became applicable to the trademark 
registration. 
(2) In the case of the proviso to the preceding paragraph, wher e the time at which any of items (v) to (vii) of Article 
46(1) first became applicable to the trademark registration can not be specified, the trademark right shall be deemed 
not to have existed from the date of registration of the reques t for invalidation trial of the said trademark registration. 
 
Article 47 (1) Where a trademark registration has been made in violation of Article 3, 4(1)(viii), 4(1)(xi) to 4(1)(xiv), 
8(1), 8(2) or 8(5), where a trademark registration has been mad e in violation of Article 4(1)(x) or 4(1)(xvii) 
(excluding the case where a trademark has been registered for t he purpose of unfair competition), where a trademark 
has been registered in violation of item (xv) of the said parag raph (excluding the case where a trademark has been 
registered for unfair purposes), or where a trademark registrat ion falls under Article 46(1)(iv), a request for a trial 
relating to the trademark registration under Article 46(1) may not be filed after a lapse of five years from the date 
of registration of the establishment of the trademark right. 
(2) Where a trademark registration has been made in violation o f Article 7-2(1) (limited to the case where the trademark 
was not well known, as a result of the use of the trademark, am ong consumers as that indicating goods or services 
in connection with the business of the applicant for the tradem ark registration or its members) and five years have 
lapsed from the date of registration of the establishment of th e trademark right, and further the registered trademark 
is well known among consumers as that indicating goods and serv ices in connection with the  business of the holder 
of trademark right or its members, a request for a trial pertai ning to the trademark registration under Article 46(1) 
may not be filed.  
 
 
  
36  
Article 48 and Article 49 Deleted 
 
 (Trial for rescission of trademark registration) 
Article 50 (1) Where a registere d trademark has not been used i n Japan in connection with any of the designated goods 
and designated services for thr ee consecutive years or longer b y the holder of trademark right, the exclusive right 
t o us e o r n on- ex clus iv e r igh t to  us e , any  p ers on  m ay  fi l e a re q u es t for  a  tr ia l  for  r es c is s ion  of  s uch  t rad em ark 
registration in connection with the relevant designated goods o r designated services. 
(2) Where a request for a trial under the preceding paragraph i s filed, unless the demandee proves that any of the holder 
of trademark right, exclusive right to use or non-exclusive rig ht to use has used the registered trademark in Japan 
in connection with any of the designated goods or designated se rvices pertaining to the request within three years 
prior to the registration of the request for the trial, the hol der of trademark right may not prevent the rescission of 
the trademark registration in connection with the relevant desi gnated goods or designated services; provided, 
however, that this shall not apply where the demandee shows jus t causes for non-use of the registered trademark in 
connection with the relevant de signated goods or designated ser vices.  
(3) Where the registered trademark in connection with the desig nated goods or designated services pertaining to the 
request under paragraph (1) has be en used in Japan by any of th e holders of trademark right , exclusive right to use 
or non-exclusive right to use, during the period from three mon ths prior to the filing of the  request for a trial under 
paragraph (1) to the date of the  registration of the filing of the request, and where the demandant proves that the 
registered trademark has been used after the user became aware of the fact that the said request for a trial would be 
filed, the use of the registered trademark shall not fall under  t h e  u s e  o f  t h e  r e g i s t e r e d  t r a d e m a r k  p r o v i d e d  i n  
paragraph (1); provided, however, that this shall not apply to the case where the demandee shows just causes for 
the use of the registered trademark. 
 
Article 51 (1) Where a holder of trademark right intentionally uses, either a trademark similar to a registered trademark 
in connection with the designate d goods or designated services,  or a registered trademark in connection with goods 
or services similar to the desi gnated goods or designated servi ces or a trademark similar thereto, in a manner that 
misleads as to the quality of th e goods or services or causes c onfusion in connection with the goods or services 
pertaining to a business of another person, any person may file  a request for a trial for rescission of the trademark 
registration. 
(2) The previous holder of trade mark right may not be granted a  registration of the same trademark or of a trademark 
similar thereto in connection wi th the designated goods or desi gnated services for which the trademark registration 
has been rescinded, or in connection with goods or services sim ilar thereto, until after a lapse of five years from the 
date the trial decision to the effect that the trademark regist ration is to be rescinded under the preceding paragraph 
becomes final and binding. 
 
Article 52 A request for a trial under Article 51(1) may not be  filed after the lapse of five years from the date on which 
the holder of trademark right ceased to use the trademark in th e manner provided in the said paragraph. 
  
 
 
  
37 Article 52-2 (1) Where a trademark right to a similar registere d trademark to be used in connection with  identical 
goods or services, or a trademark  right to an identical or simi lar registered trademark to be used in connection with 
similar goods or services becomes owned by a different holder o f trademark right as a result of transfer of the 
trademark right, if the holder of trademark right of one of the  registered trademarks uses, for the purpose of unfair 
competition, the registered trademark for its designated goods or designated services in a manner that causes 
confusion in connection with the goods or services pertaining t o the business of the holder of trademark right, 
exclusive right to use or non-exclusive right to use of the oth er registered trademark, any person may file a request 
for a trial for rescission of the trademark registration. 
(2) Articles 51(2) and 52 shall apply mutatis mutandis to a tri al under the preceding paragraph. 
Article 53 (1) Where a holder of exclusive right to use or non- exclusive right to use uses a registered trademark in 
connection with the designated goods or designated services or in connection with goods or services similar thereto, 
or a trademark similar thereto, in a manner that misleads as to  the quality of the goods or services or causes 
confusion in connection with the goods or services pertaining t o the business of another person, any person may 
file a request for a trial for rescission of the trademark regi stration; provided, however, that this shall not apply to 
the case where the holder of trademark right was not aware of t he fact and using due care. 
(2) The previous holder of trademark right, exclusive right to use or non-exclusive right to use who used the trademark 
in a manner provided in the preceding paragraph may not be gran ted a registration of the same trademark or of a 
trademark similar thereto in connection with the designated goo ds or designated services for which the trademark 
registration has been rescinded , or in connection with goods or  services similar thereto, until after the lapse of five 
years from the date the trial decision to the effect that the t rademark registration is t o be rescinded under the 
preceding paragraph becomes final and binding. 
(3) Article 52 shall apply mutatis mutandis to a trial under pa ragraph (1). 
Article 53-2 Where a registered trademark is a trademark pertai ning to a right to a trademark (limited to a right 
equivalent to a trademark right) held by a person in a country of the Union to the Paris Convention, a member of 
the World Trade Organization or a  Contracting Party to the Trad emark Law Treaty or a trademark similar thereto, 
and the designated goods or desi gnated services thereof are goo ds or services pertaining to the said right or goods 
or services similar thereto, and further, the application for t rademark registration was f iled without the approval of 
the person who has the right pertaining to the trademark, witho ut a just cause, by his/her agent or representative or 
by his/her former agent or representative within one year prior  to the filing date of the trademark registration, the 
person who has the right pertaining to the trademark may file a  request fora trial for rescission of the trademark 
registration. 
 
Article 53-3 A request fora trial under Article 53-2 may not be  filed after the lapse of five years from the date on which 
the establishment of t he trademark right has been registered. 
 Article 54 (1) Where a trial decision to the effect that the tr ademark registration is to be rescinded becomes final and 
binding, the trademark right shall become extinguished thereaft er. 
(2) Notwithstanding the preceding paragraph, where a trial deci sion to the effect that the trademark registration is to 
be rescinded becomes final and bi nding by a trial under Article  50(1), the trademark right shall be deemed to have 
become extinguished on the date of registration of the request for a trial under th e said paragraph.  
 
 
  
38  
Article 55 The provision of Artic le 46(4) shall apply mutatis m utandis to the case where a request for a trial is filed 
under Article 50(1), 51(1), 52-2(1), 53(1) or 53-2. 
 
(Special provisions on appeal agains t examiner's decision of refusal) 
Article 55-2 (1) The provisions o f Articles 15-2 and 15-3 shall  apply mutatis mutandis to the case where reasons for 
refusal that are different from those contained in the examiner 's decision are found in the appeal under Article 44(1). 
(2) The provision of Article 16 shall apply mutatis mutandis wh ere a request for appeal/trial under Article 44(1) is 
found to have reasonable grounds; provided, however, that this provision shall not apply w here appeal/trial decision 
to the effect that a further exa mination is to be carried out u nder Article 160(1) of the Pa tent Act as applied mutatis 
mutandis pursuant to Article 56(1) of this Act is rendered. 
(3) The provisions of Article 16-2 of this Act and Article 17-3  of the Design Act shall a pply mutatis mutandis to 
appeal/trial under Article 44(1) of this Act. In this case, the  term "three months" in Article 16-2(3) of this Act and 
Article 17-3(1) of the Design Act shall be deemed to be replace d with "thirty days" and the term "files a request for 
appeal/trial under Article 45(1)" in Article 16-2(4) shall be d eemed to be replaced with " institutes an action under 
Article 63(1)." 
 
(Scope of final and binding appeal/trial decision) 
Article 55-3 appeal/trial decision shall become final and bindi ng for each appeal/trial case; provided, however, that 
the appeal/trial decision of a request for appeal/trial under A rticle 46(1) of this Act fil ed for each designated goods 
or designated services shall become final and binding for each designated goods or designated services. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 56 (1) The provisions of Articles 131(1), 131-2(1) (exc luding items (ii) and (iii)), 132 to 133-2, 134(1), 134(3), 
134(4), 135 to 154, 155(1), 155(2), 156(1), 156(3), 156(4), 157 , 158, 160(1), 160(2), 161, 167, 168 to 170 (effect 
of appeal/trial decision, request for appeal/trial, administrat ive judge, appeal/trial p rocedures in relation to 
litigation, and costs of appeal/trial) of the Patent Act shall apply mutatis mutandis to appeal/trial. In this case, the 
term "ground for the request as provided in paragraph (1) item (iii) of the preceding Article in the course of filing 
a request for appeal/trial other than invalidation trial, or in  the event that approval is granted by the chief 
administrative judge under the following paragraph" in Article1 31-2(1) of the Patent Act shall be deemed to be 
replaced with "ground for the request as provided in Article 13 1(1)(iii) of the Patent Act as applied mutatis mutandis 
pursuant to Article 56(1) of this Act in the course of filing a  request for appeal/trial ot her than appeal/trial under 
Article 46(1) of the Trademark Act" , the term "invalidation tr ial or invalidation trial of t he registration of extension 
of duration" in Articles 132(1) a nd 167 of the Patent Act and t he term "invalidation trial and an invalidation trial of 
the registration of extension of duration" in Articles 145(1) a nd 169(1) of the Patent Act shall be deemed to be 
replaced with "appeal/trial under Article 46(1), 50(1), 51(1), 52-2(1), 53(1) or 53-2 of the Trademark Act", the term 
", in appeal/trial other than i nvalidation trial, notify" in Ar ticle 156(1) of the Patent Act shall be deemed to be 
replaced with "notify" , the term "appeal against the examiner' s decision of refusal" in Article 161 of the Patent Act 
and " appeal against an examiner's decision of refusal and corr ection trial" in Article 169(3)  of the Patent Act shall 
be deemed to be replaced with "appeal/trial under Article 44(1)  or 45(1) of the Trademark Act".  
 
 
  
39 (2) The provisions of Article 155(3) (Withdrawal of request for  trial) of the Patent Act sh all apply mutatis mutandis 
to a trial under Article 46(1) of this Act. 
 
(Mutatis mutandis application of the Design Act) 
Article 56-2 The provision of Article 51 of the Design Act shal l apply mutatis mutandis to an appeal under Article 
45(1) of this Act. 
 
CHAPTER 6 RETRIAL AND LITIGATION 
 
(Request for retrial) 
Article 57 (1) A party or intervener in the case may file a req uest for a retrial against a final and binding rescission 
decision or a final and bind ing appeal/trial decision. 
(2) The provisions of Articles 3 38(1), 338(2) and 339 (grounds for retrial) of the Code of Civil Procedure (Act No. 
109 of 1996) shall apply mutatis m utandis to a request for appe al/trial under the pre ceding paragraph. 
 
Article 58 (1) Where the demanda nt of appeal/tri al in conspirac y with the demandee has caused appeal/trial decision 
to be rendered for the purpose of  harming the right or interest  of a third party, the third p arty may file a request for 
a retrial against the final and binding appeal/trial decision. 
(2) A request for a ret rial under the prece ding paragraph shall  be filed against the demandant and the demandee in the 
appeal/trial as joint demandees. 
 
(Limitations of effects of tradem ark right restored by a retrial) 
Article 59 Where a trademark right pertaining to a rescinded or  invalidated trademark registration has been restored 
by a retrial, the trademark right shall have no effect on any o f the following acts: 
(i) the use of the registered trademark in good faith in connection with the designated goods or 
designated services after the rescission decision or appeal/trial decision became final and binding but before the registration of the request for a retrial; and 
(ii) the acts listed in each of the items in Article 37 committed in good faith after the rescission decision 
or appeal/trial decision became final and binding but before the registrati on of the request for a 
retrial. 
 
Article 60 (1) Where a trademark right pertaining to a rescinde d or invalidated trademark registration has been restored 
by a retrial or, where the establishment of a trademark right w ith respect to an application for trademark registration 
refused by appeal/trial decision has been registered through a retrial, and where a pers o n ,  a f t e r  t h e  r e s c i s s i o n  
decision or appeal/trial decisi on becomes final and binding but  before the registration of a request for a retrial, uses 
the registered trademark or a trademark similar thereto in Japa n in good faith in connection with the designated 
goods or designated services or in connection with goods or ser vices similar thereto, and as a result, such trademark 
has become well known among consum ers as that indicating goods or services pertaining to the business of the 
person at the time of registration of the filing of a request f or a retrial, the person shall  have the right to use the  
 
 
  
40 trademark in connection with such goods or services as far as t he said person continuously uses the trademark for 
such goods or services. The same  shall apply to  those by whom s uch business is succeeded. 
(2) The provision of Article 32( 2) shall apply mutatis mutandis  to the preceding paragraph. 
 
(Mutatis mutandis application of pr ovisions concerning appeal/trial) 
Article 60-2 (1) The provisions o f Articles 43-3, 43-5 to 43-9 and 43-12 to 43-15 of this A ct, Article 131(1), the main 
clause of Article 131-2(1), 132(3), 154, 155(1) and 156(1), 156 (3), 156(4) of the Patent Act as applied mutatis 
mutandis pursuant to Article 56(1) of this Act, and Article 155 (3) of the Patent Act as applied mutatis mutandis 
pursuant to Articles 56(2) of thi s Act shall apply mutatis muta ndis to a retrial against a fi nal and binding rescission 
decision. 
(2) The provision of Article 55-2 shall apply mutatis mutandis to a retrial against a final and binding appeal/trial 
decision on appeal/tri al under Article 44(1). 
(3) The provisions of Articles 55-3 and 56-2 shall apply mutati s  m ut andis  to  a  r etr ia l ag ains t  a f in al and  b ind ing 
appeal/trial decision on appeal/trial under Article 45(1). 
(4) The provision of Article 55-3 shall apply mutatis mutandis to a retrial against a final and binding appeal/trial 
decision on appeal/trial under Art icle 46(1), Article 50(1), Ar ticle 51(1), Article 52-2(1), Article 53(1) or Article 
53-2. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 61 The provisions of Ar ticle 173 (Time limit for reques t for retrial) and Articles 1 74(3) and 174(5) (Application 
mutatis mutandis of provisions regarding appeal/trial, etc.) of  the Patent Act shall apply mutatis mutandis to a 
request for a retrial. In this case, the term "Article 167 to 1 68" in paragraph (3) of the s aid Article shall be deemed 
to be replaced with "Article 167, 168", the term "invalidation trial or invalidation trial of the registration of 
extension of the duration" in Ar ticle 174(2) of the Patent Act shall be deemed to be replaced with " appeal/trial 
under Article 46(1), 50(1), 51(1), 52-2(1), 53(1) or 53-2 of th e Trademark Act". 
 
(Mutatis mutandis application of the Design Act) 
Article 62 (1) The provision of Article 58(2) (Mutatis mutandis  application of provisions concerning appeal/trial) of 
the Design Act shall apply mutatis mutandis to a retrial agains t a final and binding a ppeal/trial decision on 
appeal/trial under Article 44(1) of this Act. In this case, the  term "the main clause of Article 167-2, 168" in Article 
58(2) of the Design Act shall be  deemed to be replaced with "Ar ticle 168." 
(2) The provision of Article 58(3) of the Design Act shall appl y mutatis mutandis to a retria l against a final and binding 
appeal/trial decision on appeal /trial under Article 45(1) of th is Act. In this case, the term "the main clause of Article 
167-2, 168" in Article 58(3) of the Design Act shall be deemed to be replaced with "Article 168." 
 
(Actions against appeal/trial decisions, etc.) 
Article 63 (1) The Tokyo High Co urt shall have exclusive jurisd iction over any action against  a rescission decision or 
appeal/trial decision, an acti on against a ruling to dismiss an  amendment under Article 1 6-2(1) as applied mutatis 
mutandis pursuant to Article 55-2(3) (including cases where it is applied mutatis mutandi s pursuant to Article 60-
2(2)) and an action against a ru ling to dismiss a written oppos ition or a written request fo r appeal/trial or retrial.  
 
 
  
41 (2) The provisions of paragraphs (2) to (6) of Article 178 (tim e limit for institution of  action, etc.), 179 to 182 
(appropriate party as defendant,  notice of institution of actio n, opinion of the Commissioner of the Patent Office in 
litigation rescinding the appeal/trial decision, rescission of the appeal/trial decision or rul ing and delivery of original 
copy, etc. of judgment) of the Patent Act shall apply mutatis m utandis to the actions under the preceding paragraph. 
In this case, the term "invalidation trial or invalidation tria l of the registration of extension of the during" in Article 
179 of the Patent Act shall be deemed to be replaced with "appe al/trial under Article 46(1), 50(1), 51(1), 52-2(1), 
53(1) or 53-2 of the Trademark Act." 
 
 
CHAPTER 7 DEFENSIVE MARK 
 (Requirements for defensive mark registration) 
Article 64 (1) Where a registered trademark pertaining to goods  is well known among consumer s as that indicating the 
designated goods in connection w ith the business of a holder of  trademark right, the holder of trademark right may, 
where the use by another person of the registered trademark in connection with goods other than the designated 
goods pertaining to the registere d trademark or goods similar t hereto or in connection with services other than those 
similar to the designated goods is likely to cause confusion be tween the said other person's goods or services and 
the designated goods pertaining to his/her own business, obtain  a defensive mark registration for the mark identical 
with the registered trademark in connection with the goods or s ervices for which the likelihood of confusion exists. 
(2) Where a registered trademark pertaining to services is well  known among consumers as that indicating the 
designated services in connection with the business of a holder  of trademark right, the holder of trademark right 
may, where the use by another person of the registered trademar k in connection with services other than the 
designated services pertaining to the registered trademark or s ervices similar thereto or in connection with goods 
other than those similar to the designated services is likely t o cause confusion between the said other person's 
services or goods and the designat ed services pertaining to his /her own business, obtain a defensive mark 
registration for the mark identic al with the registered tradema rk in connection with the services or goods for which 
the likelihood of confusion exists. 
(3) For the purpose of the application of the preceding two par agraphs in relation to defensive mark registrations 
pertaining to a trademark right pertaining to a regionally base d collective trademark, the term "his/her own" in the 
said paragraphs shall be deemed to be replaced with "its own or  its members'." 
 
(Conversion of application) 
Article 65 (1) An applicant for trademark registration may conv ert an application for trademark registration into an 
application for defensive mark registration. 
(2) The conversion of an applic ation under the preceding paragr aph may not be made after the examiner's decision or 
the appeal/trial decision on the application for trademark regi stration becomes final and binding. 
(3) The provisions of Articles 10( 2), 10(3) and 11(5) shall app ly mutatis mutandis to the c onversion of an application 
under paragraph (1). 
 
(Duration of right based on defensive mark registration)  
 
 
  
42 Article 65-2 (1) The duration of a  right based on defensive mar k registration shall expire a fter ten years from the date 
of registration of the establishment of such right. 
(2) The duration of a right based on defensive mark registratio n may be renewed by filing an application for registration 
of renewal; provided, however, that this shall not apply to the  case where the registered defensive mark becomes 
unregistrable as a defensive mark pursuant to Article 64. 
 
(Registration of renewal of duration of ri ght based on defensive mark registration) 
Article 65-3 (1) A person filing an application for registratio n of renewal of the duration of a right based on defensive 
mark registration shall submit to the Commissioner of the Paten t Office an application stating the following matters: 
(i) the name and the domicile or  residence of the applicant; 
(ii) the registration number of th e defensive mark registration; and 
(iii) in addition to those listed in the preceding two items, matters provided by Ordinance of the Ministry 
of Economy, Trade and Industry. 
(2) An application for registration of renewal shall be filed d uring the period from six months prior to the expiration 
of the duration of the right bas ed on defensive mark registrati on to the date of e xpiration thereof. 
(3) Where a person filing an application for registration of re newal of the duration of a rig ht based on defensive mark 
registration has justifiable rea sons for having been unable to file the application for registration of renewal within 
the time limit for such application pursuant to the preceding p aragraph, the person may file such application only 
within the time limit provided by Ordinance of the Ministry of Economy, Trade and Industry. 
(4) Where an application for registration of renewal of the dur ation of a right based on defensive mark registration is 
filed, the duration shall be deemed to have been renewed upon e xpiration of the duration (w here an application is 
filed under the preceding paragraph, upon filing of the applica tion); provided, however, that  this shall not apply to 
the case where the examiner's decision or appeal/trial decision  to the effect that the application is to be refused 
becomes final and binding or the renewal of the duration of a r ight based on defensive mark registration is 
registered. 
 Article 65-4 (1) Where an applic ation for registration of renew al of the duration of a right based on defensive mark 
registration falls under any of the following items, the examin er shall render a decision to the effect that the 
application is to be refused: 
(i) the registered defensive mark pertaining to app lication is filed becomes unregistrable as a defensive 
mark pursuant to Article 64; and 
(ii) the applicant is not a person who has the right based on the defensive mark registration. 
(2) Where no reasons for refusal are found in connection with a n application for registration of renewal of the duration 
of a right based on defensive ma rk registration, the examiner s hall render a decision to the effect that the renewal 
is to be registered. 
 
Article 65-5 The provisions of Articles 14 and 15-2 of this Act  and Articles 48 (Exclusion of examiners) and 52 
(Formal requirements for examina tion) of the Patent Act shall a pply mutatis mutandis to an examination of an 
application for registration of r enewal of the duration of a ri ght based on defensive mark registration. 
  
 
 
  
43 (Registration of renewal of duration of ri ght based on defensive mark registration) 
Article 65-6 (1) Where a registr ation fee under Article 65-7(2)  is paid, the renewal of the duration of the right based 
on defensive mark registration shall be registered. 
(2) Upon registration under the pr eceding paragraph, the follow ing matters shall be  published in the trademark bulletin: 
(i) the name and the domicile or residence of the person wh o has the right based on defensive mark 
registration; 
(ii) the registration numb er and the date of regist ration of renewal; and 
(iii) other necessary matters in addition to  those listed in the preceding two items. 
 
(Registration fees) 
Article 65-7 (1) A person obtain ing a registration of establish ment of a right based on defensive mark registration shall 
pay as a registration fee for each defensive mark registration the amount of 28,200 yen multiplied by the number 
of classes. 
(2) A person obtaining a registr ation of renewal of the duratio n of a right based on defensive mark registration shall 
pay as a registration fee for each defensive mark registration the amount of 33,400 yen multiplied by the number 
of classes. 
(3) The provisions of paragraphs (3) to (5) of Article 40 shall  apply mutatis mutandis to the preceding two paragraphs. 
 
(Time limit for payment of registration fee) 
Article 65-8 (1) A registration fee under Article 65-7(1) shall  be paid within 30 days from the service of a transcript 
of the examiner's decision or th e appeal/trial decision to the effect that a defensive mark is to be registered. 
( 2 )  A  r e g i s t r a t i o n  f e e  u n d e r  A r t i c l e  6 5 - 7 ( 2 )  s h a l l  b e  p a i d  w i t h in 30 days from the service of a transcript of the 
examiner's decision or the appeal/trial decision to the effect that the renewal of the duration of the right based on 
defensive mark registration is to be registered (where the serv ice is made prior to the expiration of the duration of 
the right based on defensive mar k registration, the date of exp iration of the duration). 
(3) The Commissioner of the Patent Office may extend the period  of time provided in the preceding two paragraphs 
by a maximum of 30 days upon the request of a person who is req uired to pay the registration fee. 
(4) Where a person required to pay a registration fee is unable  to pay the registration fee within the time limit under 
paragraph (1) or (2) (where the time limit under the preceding paragraph is extended, the extended time limit), the 
said person may, in accordance with Ordinance of the Ministry o f Economy, Trade and Industry, pay the said 
registration fee only within the time limit as provided in Ordi nance of the Ministry of Economy, Trade and Industry, 
even after the expiration of the time limit. 
(5) Where, due to reasons beyond the control of a person, the p erson paying a registration fee is unable to pay the 
registration fee within the time limit for payment of registrat ion fees pursuant to the preceding paragraph, the said 
person may, notwithstanding the said paragraph, pay the registr ation fee within 14 days ( two months for resident 
abroad) from the date on which the reasons for not paying cease d to be applicable, but not  later than six months 
after the expiration of the said time limit. 
 
(Payment of registration fees by interested persons)  
 
 
  
44 Article 65-9 (1) Any interested person may make the payment of the registration fee under Article 65-7(1) or 65-7(2) 
even against the intention of th e person by whom t he said fee i s to be paid. 
(2) The interested person who makes the payment of the registra tion fee under the preceding paragraph may request 
the person by whom the said payment was to be paid to reimburse  the expense thereof to the extent that the said 
person receives actual benefits therefrom. 
 
(Refund of registration fee paid in excess or in error) 
Article 65-10 (1) A re gistration fee under Article 65-7(1) or 6 5-7(2) paid in excess or in error shall be refunded upon 
the request of the per son that paid them. 
(2) No refund of a registration fee may be requested under the preceding paragraph after the lapse of one year from 
the date of payment. 
(3) Where the person making a request for the refund of a regis tration fee prescribed in paragraph (1) is unable to make 
the request within the period pre scribed in the preceding parag raph due to reasons beyond his/her control, the person 
may make the request within 14 d ays (within 2 months for reside nts abroad) from the date the reason ceased to be 
applicable but no later than 6 months after the lapse of the pe riod, notwithstanding the pr ovision of paragraph (1). 
 
(Incidental nature of right based on defensive mark registration) 
Article 66 (1) The right based on defensive mark registration s hall become extinguished wh en the trademark right 
relating thereto is divided. 
(2) When a trademark right is transferred, the right based on d efensive mark registration shall be transferred with the 
trademark right relating thereto. 
(3) When a trademark right become s extinguished, the right base d on defensive mark registration relating thereto shall 
become extinguished. 
(4) Where a trademark right is deemed to have become extinguish ed under Article 20(4), the effects of the right based 
on defensive mark registration p ertaining to the trademark righ t restored under Article 21(2) may not extend to the 
acts provided in each of the items  of Article 67 c ommitted duri ng the period after the expiration of the time limit 
for the filing of an application for registration of renewal pr ovided in Article 20(3) but before the registration of 
renewal of the duration of the t rademark right by an applicatio n under Article 21(1). 
(5) Where a trademark right is deemed to have been extinguished  under Article 41-2(6), the  right based on defensive 
mark registration pertaining to the trademark right restored un der Article 41-3(2) shall not  be effective against the 
acts provided in each of the items of Article 67 conducted afte r the expiration of the time limit for making late 
payment of a later-installment registration fee but before the registration to the effect that the trademark right is 
deemed to have been existed unde r Article 41-3(2) is made, purs uant to Article 41-2(5). 
(6) The provision of the preceding paragraph shall apply mutati s mutandis to the effects of the right based on defensive 
mark registration pertaining to the trademark right restored un der Article 41-3(2) as applied mutatis mutandis 
pursuant to Article 41-3(3). 
 
(Acts deemed to constitute infringement) 
Article 67 The following acts sha ll be deemed to constitute inf ringement of a trademark righ t or an exclusive right to 
use:  
 
 
  
45 (i) the use of the registered defensive mark in co nnection with the designated goods or designated 
services; 
(ii) the possession for the purpose of assignment, deliv ery or export of the designated goods affixed with 
the registered defensive mark on the goods or their packages; 
(iii) the possession or importation of  articles affixed with a registered  defensive mark, that are used in 
the course of the provision of designated services by a person who receives the said services, for the 
purpose of the provision of the said serv ices through use of the said articles; 
(iv) the assignment, delivery, or possession or importation for the purpose of assignment or delivery of 
articles affixed with a registered defensive mark, that are used in the course of the provision of 
designated services by a person who receives th e said services, for the purpose of causing the 
provision of the said services through use of the said articles; 
(v) the possession of articles indicating a regist ered defensive mark, for the purpose of using the 
registered defensive mark in connection with the designated goods or designated services; 
(vi) the assignment, delivery, or possession for the purpose of assignment or delivery, of articles 
indicating a registered defensive mark, for the purp ose of causing the regist ered defensive mark to 
be used in connection with the design ated goods or designated services; and 
(vii) the manufacture or importation of articles indicating a registered defensive mark, for the purpose 
of using the registered defensive mark or causin g the registered defensive mark to be used in 
connection with the designated goods or designated services. 
 (Mutatis mutandis application of provisions concerning trademarks) 
Article 68 (1) The provisions of Articles 5, 5-2, 6(1), 6(2), 9 -2 to 10, 12-2, 13(1), and 13-2 shall apply mutatis mutandis 
to an application for defensive mark registration. In this case , the term "(iii) the designated goods or designated 
services and the class of the goods or services provided by Cab inet Order as provided for in Article 6(2)" in Article 
5(1) shall be deemed to be replaced with "(iii) the designated goods or designated services and the class of the 
goods or services provided by Cabinet Order as provided for in Article 6(2), (iv) the registration number of the 
trademark registration pertaining to the application for defens ive mark registration," the term "(iv) the designated 
goods or designated services ar e not stated" in Article 5-2(1) shall be deemed to be replaced with "(iv) the 
designated goods or designated services are not stated, (v) the  registration number of the trademark registration 
pertaining to the application for defensive mark registration i s not stated" and the term "Article 37" in Article 13-
2(5) shall be deemed to be replaced with "Article 67 (except th e part pertaining to item (i))." 
(2) The provisions of Articles 14 to 15-2 and 16 to 17-2 shall apply mutatis mutandis to the examination of an 
application for defensive mark registration. In this case, the term "Articles 3, 4(1), 7-2(1), 8(2), 8(5), 51(2) 
(including cases where it is applied mutatis mutandis pursuant to Article 52-2(2)), 53(2)" in Article 15(i) shall be 
deemed to be replaced with "Article 64", and the term "Articles  5(5), or 6(1) or (2)" in Article 15(iii) shall be 
deemed to be replaced with "Article 6(1) or (2)." 
(3) The provisions of Article 18, 26 to 28-2, 32 to 33-3, 35, 3 8-2 and 69 of this Act and Article 104-3(1), (2) of the 
Patent Act as applied mutatis mutandis pursuant to Article 39 o f this Act shall apply to a  right based on defensive 
mark registration. In this case, the term "the registration fee  under Article 40(1) or the registration fee due and 
payable within thirty days from the date of service of a transc ript of the examiner's decision or appeal/trial decision  
 
 
  
46 to the effect that the trademark is to be registered pursuant t o Article 41-2(1)" in Articl e 18(2) shall be deemed to 
be replaced with "the registratio n fee under Article 65-7(1)." 
(4) The provisions of Articles 43-2 (except item (iii)) to 45, 46 (except paragraph (1)(iii) a nd (vii)), 46-2, 53-2, 53-3, 
54(1) and 55-2 to 56-2 shall apply mutatis mutandis to an oppos ition to registration and appeal/trial pertaining to 
defensive mark registration. In this case, the term "Articles 3 , 4(1), 7-2(1), 8(1), 8(2), 8(5), 51(2) (including cases 
where it is applied mutatis muta ndis pursuant to Article 52-2(2 )), 53(2)" in Articles 43-2(i) and 46(1)(i) shall be 
deemed to be replaced with "Article 64" and the term "where ...  the registered trademark has become a trademark 
that falls under any of Articles 4(1)(i) to 4(1)(iii), 4(1)(v),  4(1)(vii) and 4(1)(xvi)" in Article 46(1)(vi) shall be 
deemed to be replaced with "where ... the trademark registratio n becomes in violation of Article 64." 
(5) The provisions of the preceding Chapter shall apply to a re trial and litigation pertaining to defensive mark 
registration. In this case, the t erm "each of the items in Arti cle 37" in Article 59(ii) shal l be deemed to be replaced 
with "items (ii) to (vii) of Article 67," the term "a trademark  right pertaining to ... trademark registration" in Article 
60 shall be deemed to be replaced with "a right based on defens ive mark registration in connection with ... defensive 
mark registration," the term "an application for trademark regi stration" in the same article shall be deemed to be 
replaced with "an application for the registration of a defensi ve mark or an application for the registration of a 
defensive mark or an application for registration of renewal of  the duration of a right based on defensive mark 
registration," the term "the establishment of a trademark right  ... has been registered" in the same article shall be 
deemed to be replaced with "the establishment of a right based on defensive mark registration or the renewal of the 
duration of a right based on defensive mark registration ... ha s been registered" and t he term "the registered 
trademark or a trademark similar thereto ... in connection with  the designated goods or de signated services or in 
connection with goods or services similar thereto" in the same article shall be deemed to be replaced with "a 
trademark identical with the registered defensive mark." 
 
CHAPTER 7-2 SPECIAL PROVISIONS UNDER THE PROTOCOL RELATING TO THE 
MADRID AGREEMENT 
Section 1 Application for international registration 
 
(Application for international registration) 
Article 68-2 (1) A Japanese nati onal or a foreign national domi ciled or resident (or, in the case of a juridical person, 
with a place of business) in Japa n who desires to obtain an int ernational registration (hereinafter referred to as an 
"application for international re gistration") provided in Artic le 2(1) of the Protocol Relating to the Madrid 
Agreement Concerning the Interna tional Registration of Marks ad opted at Madrid on June 27, 1989 (hereinafter 
referred to as the "Protocol") shall file with the Commissioner  of the Patent Office an application (hereinafter 
referred to as an "application fo r international registration")  pursuant to Article 2(2) of the Protocol based on any 
of the following items; in this case, where requirements provid ed by Ordinance of the Ministry of Economy, Trade 
and Industry are applicable, two or more persons may jointly fi le the application for int ernational registration: 
(i) the application for trademark registration or application for defensive mark registration of the 
applicant that is pending before the Patent Office (hereinafter re ferred to as the "application for 
trademark registration, etc."); or  
 
 
  
47 (ii) the trademark registration or defensive mark registration of the applicant (hereinafter referred to 
as the "trademark registration, etc."). 
(2) Any person who desires to f ile an application for internati onal registration shall submit the prescribed application 
and required documents in foreign language pursuant to Ordinanc e of the Ministry of Economy, Trade and Industry. 
(3) The application shall state the following matters: 
(i) the name(s) of the Contracting Party to the Protocol in which the protection of the trademark 
pertaining to the application for inte rnational registration is sought; and 
(ii) the goods or services in conn ection with which the protection of  the trademark pertaining to the 
application for international registration is sought  and the class of the goods and services provided 
by Cabinet Order in Article 6(2). 
(4) Any person who desires to app ly Article 3(3) of the Protoco l in connection with a trademark or a mark pertaining 
to the application for internati onal registration shall state i n the application a statement indicating thereof and the 
color or the combination of colors claimed and append to the ap plication copies of the trademark or mark pertaining 
to the application for trademark registration, etc., in color, or of the registered trademark or registered defensive 
mark in color. 
 
Article 68-3 (1) The Commissioner of the Patent Office shall se nd the application for international registration and the 
required documents to the International Bureau provided in Arti cle 2(1) of the Protocol (hereinafter referred to as 
the "International Bureau"). 
(2) In the case of the preceding paragraph, where the matters s tated in the application corr espond to the matters stated 
in the basic application for trademark registration, etc. or in  the basic trademark registration, etc., the Commissioner 
of the Patent Office shall state in the application the fact th ereof and the date of receipt of the application for 
international registration. 
(3) In the case of paragraph (1), the Commissioner of the Paten t Office shall send to the applicant of the application 
for international registration a copy of the application for in ternational registration sent to the International Bureau. 
 
(Subsequent designation) 
Article 68-4 The registered holder of international registratio n may present to the Commissioner of the Patent Office, 
pursuant to Ordinance of the Min istry of Economy, Trade and Ind ustry, a request for terri torial extension provided 
in Article 3ter of the Protocol (hereinafter referred to as "te rritorial extension") subseq uent to the international 
registration (hereinafter referred to as the "subsequent design ation.") 
 
(Application for renewal of the duration of international registration) 
Article 68-5 The registered holde r of international registratio n may file with the Commissi oner of the Patent Office, 
pursuant to Ordinance of the Ministry of Economy, Trade and Ind ustry, an application for renewal of the duration 
of international registration provided in Article 7(1) of the P rotocol (hereinafter referred to as "renewal of the 
duration of internation al registration"). 
 
(Request for recording of change in the ownership of international registration)  
 
 
  
48 Article 68-6 (1) The registered holder or transferee of interna tional registration may, pursuant to Ordinance of the 
Ministry of Economy, Trade and Industry, present to the Commiss i o n e r  o f  t h e  P a t e n t  O f f i c e  a  r e q u e s t  f o r  t h e  
recording of a change in the ownership of an international regi stration, as provided in Article 9 of the Protocol 
(hereinafter referred to as "change in the ownership of interna tional registration"). 
(2) The request provided in the preceding paragraph may be made  for each of the goods or services listed in the 
international registration or fo r each of the Co ntracting Parti es in which the international registration has effect. 
 
(Mutatis mutandis application of provisions co ncerning application for trademark registration) 
Article 68-7 Article 17(3) (limited to the part pertaining to i tem (iii)) and Article 18(1) of the Patent Act as applied 
mutatis mutandis pursuant to Article 77(2) of this Act, shall a pply mutatis mutandis to the application for 
international registration, subs equent designation, an applicat ion for the renewal of the duration of international 
registration and a request for t he recording of a change in the  ownership of international registration. 
 
(Delegation to Ordinance of the Minist ry of Economy, Trade and Industry) 
Article 68-8 In additi on to the provisions of Articles 68-2 to 68-7, details of matters relating to the application for 
international registration, subs equent designati on, an applicat ion for renewal of the duration of international 
registration and a request for the recording of a change in the  ownership of international registration required for 
the implementation of the Protocol and the regulations thereund er shall be provided by Ord inance of the Ministry 
of Economy, Trade and Industry. 
 
Section 2 Special Provisions pertaining to  International Application for Trademark 
Registration 
 (Application for trademark registration based on request for territorial extension) 
Article 68-9 (1) Any request for t erritorial extension to desig nate Japan shall be deemed to be an application for 
trademark registration filed on the date of international regis tration provided in Article 3(4) of the Protocol 
(hereinafter referred to as the "date of international registra tion"); provided, however, that in the case of subsequent 
designation, such request shall be deemed to be an application for trademark registration filed on the date on which 
the subsequent designation pertaining to the international regi stration pursuant to Article 3ter(2) of the 
Protocol(hereinafter r eferred to as the "date of subsequent des ignation") is recorded in the International Register of 
the International Bureau provide d in Article 2(1) (hereinafter referred to as the "International Register"). 
(2) Matters stated in the left c olumn of the following table co ntained in the International Register pertaining to the 
international registration designating Japan shall be deemed to  be the matters stated in the right column of the said 
table contained in the  application submitted pursuant to Articl e 5(1). 
 
 
The name and the domicile or residence of the registered holder of international registration  
The name and the domicile or residence of the applicant for trademark registration  
 
 
  
49  
The trademark subject to international 
registration  
The trademark for which registration is sought 
 The goods or services listed in the international 
registration and the class of the goods or services  
The designated goods or designated services and 
the class of the goods or services provided by Cabinet Order as provided for in Article 6(2); 
 Among matters stated in the International 
Register, those required for the interpretation of 
the meanings of statement of the trademark that is a subject of an inte rnational registration 
provided by Ordinance of the Ministry of 
Economy, Trade and Industry  
Detailed description of the trademark 
 
(Special provisions concerning ti me of filing of international app lication for trademark registration) 
Article 68-10 (1) Where a registered trademark (hereinafter in this article referred to as a "registered trademark based 
on international registration") pertaining to the request for t erritorial extension which is deemed to have been an 
application for trademark regist ration pursuant to Article 68-9 (1) (hereinafter in this chapter referred to as an 
"international application for tr ademark registration") is iden tical with the registered trademark prior to the 
trademark registration (except registered trademarks based on i nternational registration, hereinafter referred to in 
this article as a "registered trademark based on national regis tration") and the designated goods or designated 
services pertaining to the registered trademark based on intern ational registration overlap with the designated goods 
or designated services based on national registration, and furt her the holder of trademark right of the registered 
trademark based on international registration is identical with  the holder of trademark right of the registered 
trademark based on national registration, the international app lication for trademark registration shall be deemed 
to have been filed on the date of filing of the application for  trademark registration pertaining to the registered 
trademark based on national registration to the extent of the s cope which is overlapping. 
(2) The provisions of paragraphs (3) and (4) of Article 68-32 s hall apply mutatis mutandi s to the international 
application for trademark regist ration under the preceding para graph. 
 
(Special provisions concerning time of filing of application) 
Article 68-11 For the purpose of application of Article 9(2) to  an international application for trademark registration, 
the term "at the time of filing of the application for trademar k registration" in the said paragraph shall be replaced 
with "within thirty days from the date of the international app lication for trademark registration." 
 
(Special provisions concerning  division of application) 
Article 68-12 Article 10 shall not apply to an international ap plication for trademark registration. 
 
(Special provisions concerning  conversion of application)  
 
 
  
50 Article 68-13 Articles 11 and 65 s hall not apply to an internat ional application for tr ademark registration. 
 
(Special provisions concerning matters to be contai ned in the trademark bulletin pertaining to laying 
open of application) 
Article 68-14 For the purpose of  application of Article 12-2(2)  to the international application for trademark 
registration, the term "the number and date of the application for trademark registration" in item (ii) of the said 
paragraph shall be replaced with "the number and the date of th e international registration (in the case of the 
international application for trademark registration pertaining  to the subsequent designati on, the date of subsequent 
designation)." 
 
(Special provisions concerning pr oceedings for priority claim governed by the Paris Convention, etc.) 
Article 68-15 (1) The provisions of paragraphs (1) to (4), and (7) to (9) of Article 43 of the Patent Act as applied 
mutatis mutandis upon reading the specified terms in accordance  with Article 13(1) of this Act shall not apply to 
an international application for trademark registration. 
(2) For the purpose of application of Article 43(1) of the Pate nt Act as applied mutatis mut andis pursuant to Article 
43-3(3) of the Patent Act as applied mutatis mutandis upon read ing the specified terms in accordance with Article 
13(1) of this Act to the interna tional application for trademar k registration, the portion "within the time limit 
provided by Ordinance of the Ministry of Economy, Trade and Ind ustry" in the said paragraph shall be replaced 
with "within thirty days from the date of the international app lication for trademark registration." 
 
(Special provisions concerning the right deriving from application for trademark registration) 
Article 68-16 (1) For the purpos e of application of Article 34( 4) of the Patent Act as applied mutatis mutandis pursuant 
to Article 13(2) of this Act to the international application f or trademark registration, the portion ", except in the 
case of general succession incl uding inheritance, without the C o m m i s s i o n e r  o f  t h e  P a t e n t  O f f i c e . "  i n  t h e  s a i d  
paragraph shall be replaced with "without notification to the I nternational Bureau." 
(2) The provisions of paragraphs (5) to (7) of Article 34 of th e Patent Act as applied mutatis mutandis pursuant to 
Article 13(2) of this Act shall not apply to an international a pplication for trademark registration. 
 
(Treatment of international application for trademark registration in the case of change in the ownership of international registration) 
Article 68-17 Where all or some of the goods or services listed  in the international registration are divided and 
transferred as a result of a change in the ownership of interna tional registration, the international application for 
trademark registration shall be d eemed to have become applicati ons for trademark registration with respect to each 
of the registered hold ers after the change. 
 
(Special provisions concerning new a pplication for trademark as amended) 
Article 68-18 (1) Article 17-3 of  the Design Act as applied mut atis mutandis pursuant to Article 17-2(1) or 55-2(3) 
(including cases where it is app lied mutatis mut andis pursuant to Article 60-2(2)) of this Act shall not apply to an 
international application for trademark registration.  
 
 
  
51 (2) Article 17-4 of the Design Ac t as applied mutatis mutandis pursuant to Article 17-2(2) of this Act shall not apply 
to an international application for trademark registration. 
 
(Special provisions concerning registrati on of establishment of trademark right) 
Article 68-19 (1) For the purpose of application of Article 18( 2) to the international application for trademark 
registration, the term "where the  registration fee under Articl e 40(1) or the registration fee due and payable within 
thirty days from the date of service of a transcript of an exam iner's decision or an appeal/trial decision to the effect 
that the trademark is to be registered under Article 41-2(1) is  paid" in the said paragraph shall be replaced with 
"where the communication is made  by the International Bureau no tifying that the payment of the individual fee in 
the amount prescribed in Article  68-30(1)(ii) has been recorded  in the Internati onal Register." 
(2) For the purpose of application of Article 18(3) to the inte rnational application for trademark registration, in item 
(ii) of the said paragraph the portion "the number and date of the application for trademark registration" shall be 
replaced with "the number and th e date of international registr ation (in the case of the international application for 
trademark registration pertaining  to the subsequent designation , the date of subsequent designation)" and in item 
(v) of the said paragraph the portion "the registration number and the date of registration of establishment" shall be 
replaced with "the number of international registration and the  date of registration of the establishment." 
 
(Effect of the lapse of international registration) 
Article 68-20 (1) Where all or a portion of the international r egistration on which the international application for 
trademark registration is based has lapsed, the international a pplication for trademark registration shall be deemed 
to have been withdrawn in respect of all or the portion of the designated goods or designated services that have 
lapsed. 
(2) Where all or a portion of the international registration on  which the international registration is based has lapsed, 
the trademark right based on suc h international registration th e establishment of which has been registered under 
Article 18(2) as appli ed upon reading the sp ecified terms in ac cordance with Article 68-19(1) (hereinafter referred 
to as the "trademark right based on international registration" ) shall be deemed to have lapsed in respect of all or 
the portion of the des ignated goods or desi gnated services that  have lapsed. 
(3) The preceding two paragraphs shall take effect as of the da te the international registration lapses in the International 
Register. 
 
(Duration of trademark right based on international registration) 
Article 68-21 (1) The duration of a trademark right based on in ternational registration shall expire after ten years from 
the date of the international registration (where the duration of the international registration has been renewed prior 
to the registration of the estab lishment of the trademark right , the date of most recent renewal). 
(2) The duration of a trademark r ight based on international re gistration may be renewed based on the renewal of the 
duration of the international registration. 
(3) Where the duration of international registration is renewed , the duration of the trademark right based on 
international registration shall be renewed at the time of expi ration of the duration. 
(4) Where the duration of international registration is not ren ewed, the trademark right based on international 
registration shall be deemed to have extingu ished retroactively  at the time of expiration of the duration.  
 
 
  
52  
(Special provisions concerning registration of renewal of duration) 
Article 68-22 (1) Articles 19 to 22, 23(1) and 23(2) shall not a p p l y  t o  a  t r a d e m a r k  r i g h t  b a s e d  o n  i n t e r n a t i o n a l  
registration. 
(2) For the purpose of application of Article 23(3) relating to  a trademark right based on international registration, the 
portion "registration as set forth under the preceding two para graphs" in the said paragraph shall be replaced with 
"renewal of the duration of international registration" and the  portion "the registration number and the date of 
registration of renewal" in item (ii) of the said paragraph sha ll be replaced with "the number of international 
registration and the date of ren ewal of the duration of interna tional registration." 
 
(Special provisions concerning division of trademark right) 
Article 68-23 Article 24 shall not apply to a trademark right b ased on international registration. 
 
(Special provisions pertaining to transfer of collective trademark right) 
Article 68-24 (1) A collective trademark right based on interna tional registration may not be transferred, unless the 
document provided in Article 7(3) is submitted. 
(2) Article 24-3 shall not apply to a trademark right based on international registration. 
 
(Special provisions concerning  waiver of trademark right) 
Article 68-25 (1) The holder of trademark right based on intern ational registration may a bandon the trademark right. 
(2) Article 97(1) of the Patent Act as applied mutatis mutandis  pursuant to Article 35 of this Act shall not apply to a 
trademark right based on international registration. 
 
(Special provisions concerning effects of registration of trademark right) 
Article 68-26 (1) A transfer, modification due to trust, exting uishment by waiver or restriction on disposition of a 
trademark right based on interna tional registration shall have no effect unless registered. 
(2) Articles 98(1)(i) and 98(2) of the Patent Act as applied mu tatis mutandis upon reading  the specified terms in 
accordance with Article 35 of thi s Act shall not apply to a tra demark right based on international registration. 
 
(Special provisions concerning regi stration in the Trademark Registry) 
Article 68-27 (1) For the purpose of application of Article 71( 1)(i) to a trademark right based on international 
registration, the term "the establishment, renewal of the durat ion, division, transfer, mod ification, extinguishment, 
restoration or restriction on disposition of a trademark right"  in the said item shall be replaced with "the 
establishment, m odification due to trust  or restriction on disp osition of a trademark right." 
(2) The renewal of the duration, the transfer, the modification  (excluding a modification due to trust) or the extinction 
of a trademark right based on in ternational registration shall have effect in accordance wi th that registration in the 
International Register. 
 
(Special provisions concerni ng amendment of proceedings)  
 
 
  
53 Article 68-28 (1) After receiving a notification under Article 15-2 (including cases where it is applied mutatis mutandis 
pursuant to Article 55-2(1) (in cluding cases where  it is applie d mutatis mutandis pursuant to Article 60-2(2))) or 
Article 15-3 (including cases whe re it is applied mutatis mutan dis pursuant to Article 55-2(1) (including cases 
where it is applied mutatis mutandis pursuant to Article 60-2(2 ))), any amendment to the designated goods or 
services stated in the international application for a trademar k registration may be made only when the case is a 
pending examination, appeal/trial or retrial. 
(2) Article 68-40 shall not apply to an international applicati on for trademark registration, except for matters deemed 
to be the detailed description of a trademark under Article 68- 9(2). 
 
(Extra provisions relating to special provisions on  trademark right covering two or more designated 
goods or designated services) 
Article 68-29 For the purpose of  the application of Article 69 relating to a trademark right based on international 
registration, the portion "20(4) or 33(1) of this Act, Article 97(1) or 98(1)(i) of the Pat ent Act as applied mutatis 
mutandis pursuant to Article 35 of this Act" in Article 69 shal l be replaced with "33(1), 68-25(1) or 68-26(1)" and 
the term "Article 71(1)(i)" in Article 69 shall be replaced wit h "71(1)(i) as applied mutatis mutandis upon reading 
the specified terms in accordance with Article 68-27(1), 68-27( 2)." 
 
(Individual fee for trademark right bas ed on international registration) 
Article 68-30 (1) Any person who desires to obtain a registrati on of establishment of a trademark right based on 
international registration shall pay to the International Burea u, as the individual fee provided in Article 8(7)(a) of 
the Protocol (hereinafter referred to as the "individual fee") for each registration in the following amounts: 
(i) the amount equivalent to 2,700 yen plus 8,600 ye n for each class of the goods and services; and 
(ii) the amount equivalent to 28,200 yen multiplied by  the number of classes of the goods and services. 
(2) The individual fee in the amount prescribed in item (i) of the preceding paragraph shall be paid prior to the 
international registration and the individual fee in the amount  prescribed in item (ii) thereof shall be paid within 
the time limit provided by Ordina nce of the Ministry of Economy , Trade and Industry. 
(3) Where an examiner's decision or appeal/trial decision is re ndered to the effect that a trademark pertaining to an 
international application for trademark registration is to be r egistered, the Commissioner of the Patent Office shall 
notify the International Bureau of the time limit for the payme nt of the individual fee pertaining to the application, 
in the amount prescribed in item (ii) of paragraph (1). 
(4) Where the individual fee in the amount prescribed in items (ii) of paragraph (1) is not paid, and as a result the 
international registration on which the international applicati on for trademark registration is based is rescinded, the 
said application shall be dee med to have been withdrawn. 
(5) A person requesting the renewal of the duration of a tradem ark right based on international registration shall pay 
as the individual fee to the International Bureau for each regi stration the amount equivale nt to 38,800 yen multiplied 
by the number of classes. 
(6) Articles 40 to 43 and 76(2)  (limited to the portion listed under item (i) of the appended table) shall not apply to an 
application for international trademark registration and a trad emark right based on the international registration. 
 
(Delegation to Ordinance of the Minist ry of Economy, Trade and Industry)  
 
 
  
54 Article 68-31 In addition to the provisions of Articles 68-9 to  68-30, details of matters required for the implementation 
of the Protocol and the regulati ons thereunder shall be provide d by Ordinance of the Ministry of Economy, Trade 
and Industry. 
 
SECTION 3 SPECIAL PROVISIONS CO NCERNING APPLICATION FOR TRADEMARK 
REGISTRATION, ETC. 
 
(Special provisions concerning application for trademark registration after rescission of international registration) 
Article 68-32 (1) Where an inte rnational registration relating to a trademark that was the subject of an international 
registration designating Japan is rescinded pursuant to Article  6(4) of the Protocol in respect of all or some of the 
goods or services listed in the international registration, the  person who was the registered holder of the international 
registration may file an application for trademark registration  in relation to all or some of the said goods or services. 
(2) Where an application for trademark registration under the p receding paragraph falls under all of the following 
items, the application shall be deemed to have been filed on th e date of international registration (where the 
international registration under the said paragraph is related to the subsequent designation, the date of the 
subsequent designation pertaining to the said international reg istration) of the international registration under the 
said paragraph. 
 (i) the application for trademark registration und er the preceding paragraph is filed within three 
months from the date on whic h the international registration  under the said paragraph was 
rescinded; 
(ii) the trademark for whic h the registration is sought is iden tical with the trademark that was the 
subject of the internationa l registration under the preceding paragraph; and 
(iii) the designated goods or designated services  in connection with the application for trademark 
registration under the preceding paragraph are within  the scope of the goods or services listed in the 
international registration under the preceding paragraph. 
(3) Where an international application for trademark registrati on pertaining to an international registration under 
paragraph (1) enjoyed a right of priority pursuant to Article 4  of the Paris Convention, the  application for trademark 
registration under the said parag raph shall also enjoy the same  right of priority. 
(4) The preceding paragraph shall also apply to the case where an international application for trademark registration 
pertaining to an international registration under paragraph (1)  enjoyed a right of priority pursuant to Article 43-3(2) 
of the Patent Act as applied mu tatis mutandis upon reading the specified terms in accordance with Article 9-3 or 
13(1) of this Act. 
(5) For the purpose of the application of Article 10(1) to an a pplication for trademark registration under paragraph (1), 
the portion of the said paragraph "part of an application" shal l be replaced with "part of an application (limited to 
the goods or services that fall under the scope of those listed  in the international registration under Article 68-
32(1))." 
(6) Where, due to reasons beyond the control of the person fili ng an application for trademark registration under 
paragraph (1), the person is unable to file the application wit hin the time limit as provided in paragraph (2)(i), the 
said person may, notwithstanding  the said item, file the applic ation within 14 days (two months for resident abroad)  
 
 
  
55 from the date on which the reasons for not filing ceased to be applicable, but not later t han six months after the 
expiration of the said time limit. 
(7) The application for trademar k registration filed under the preceding paragraph shall be  deemed to have been filed 
at the time of expiration of the time limit under paragraph (2) (i). 
 
(Special provisions concerning application for trad emark registration after de nunciation of Protocol) 
Article 68-33 (1) Where, pursuant  to Article 15(5)(b) of the Pr otocol, the registered holder of the international 
registration designating Japan becomes no longer entitled as a person eligible to file the international application 
pursuant to Article 2(1) of the Protocol, the person who was th e registered holder of the said international 
registration may file an application for trademark registration  in connection with the goods o r services listed in the 
said international registration. 
(2) The provisions of paragraphs (2) to (7) of Article 68-32 sh all apply mutatis mutandis to an application for trademark 
registration under the preceding paragraph. In this case, the p ortion "within three months from the date on which 
the international registration under the said paragraph was res cinded" in paragraph(2)(i) of the said Article shall be 
deemed to be replaced with "within two years from the date on w hich the denunciation under Article 15(3) of the 
Protocol took effect." 
 
(Special provisions concerning reasons for refusal) 
Article 68-34 (1) For the purpose of the application of Article  15 to an application for trademark registration pursuant 
to Article 68-32(1) or 68-33(1), the portion "falls under any o f the following items" in Article 15 shall be replaced 
with "falls under any of the following items or where an applic ation for trademark registration under Article 68-
32(1) or 68-33(1) does not comply with the requirements provide d in Article 68-32(1), 68-33(1) or each item of 68-
32(2) (including cases where applied mutatis mutandis upon read ing the specified terms in accordance with Article 
68-33(2))." 
(2) The provision of Article 15 (limited to the part pertaining  to item (i) and (ii)) shall not apply to an application for 
trademark registration under Article 68-32(1) or 68-33(1) perta ining to a trademark right that was related to the 
international registration (referred to in Article 68-37 and 68 -39 as "re-filing of trademark right pertaining to former 
international registration"). 
 
(Special provisions concerning registrati on of establishment of trademark right) 
Article 68-35 Notwithstanding Arti cle 18(2), where, in connecti on with an application for tr ademark registration under 
Article 68-32(1) or 68-33(1), the examiner's decision or the ap peal/trial decision to the effect that the trademark is 
to be registered has been rendered within ten years from the da te of international registration of the international 
registration pertaining to the said application (where the dura tion of the international registration has been renewed, 
the date of most renewal) and the individual fee in the amount prescribed in Article 68-30(1)(ii) has been paid to 
the International Bureau prior to the date on which the interna tional registration pertaining to the said application 
is rescinded pursuant to Article 6(4) of the Protocol or to the  date on which the denunciat ion under Article 15(3) of 
the Protocol takes effect, the establishment of the trademark r ight shall be registered. 
 
(Special provisions concerning duration)  
 
 
  
56 Article 68-36 (1) The duration of  a trademark right provided in  Article 68-35 shall expire after ten years from the date 
of the international registration of the international registra tion pertaining to the said application (where the duration 
of the international registration has been renewed, the date of  most recent renewal). 
(2) Article 19(1) shall  not apply to the duration of a trademar k right provided in the preceding paragraph. 
 
(Special provisions concerning  opposition to registration) 
Article 68-37 For the purpose of  application of Article 43-2 to  a trademark registration pertaining to the re-filing of a 
trademark right pertaining to a former international registrati on, the term "trademark registration" in the said article 
shall be replaced with "trademark registration (in the case of a trademark registration pertaining to the re-filing of 
a trademark right pertaining to a former international registra tion, except any trademark registration for which the 
term provided in this Article h as lapsed without any opposition  to registration of  the former trademark registration 
pertaining to the former international registration)." 
 
(Special provisions concerning invalid ation trial of trademark registration) 
Article 68-38 For the purpose of t he trial prescribed in Articl e 46(1) for the trademark registration pertaining to an 
application for trademark registration under Article 68-32(1) o r 68-33(1), the term "falls under any of the following 
items" in the said paragraph sh all be replaced with "falls unde r any of the following items or has been made in 
violation of the provision of Article 68-32(1), 68-33(1) or eac h item of Article 68-32(2) (including cases where 
applied mutatis mutan dis upon reading the specified terms in ac cordance with Article 68-33(2))." 
 
Article 68-39 For the purpose of  the application of Article 47 to a trademark registration pertaining to the re-filing of 
a trademark right pertaining to a former international registra tion, the portion "may not be filed" in the said article 
shall be replaced with "may not be filed. The same shall also a pply, in relation to the trademark registration 
pertaining to the re-filing of the trademark right pertaining t o former international registration, even prior to a lapse 
of five years from the date of registration of the establishmen t of the trademark right, when a request for trial under 
Article 46(1) can be no longer filed pursuant to this article p ertaining to the trademark registration pertaining to the 
former international registration." 
 
CHAPTER 8 MISCELLANEOUS PROVISIONS 
 
(Amendment of proceedings) 
Article 68-40 (1) The person undertaking a procedure before the  Patent Office with regard to an application for 
trademark registration, an application for defensive mark regis tration, any requests or any other procedures relating 
to trademark registration or defensive mark registration, may m ake amendments relating thereto only when the case 
is pending in examination, examination on opposition to registr ation, appeal/trial or retrial. 
(2) Notwithstanding the preceding paragraph, a person who has a pplied for trademark registration may, at the time of 
payment of the registration fee under Article 40(1) or 41-2(1),  make amendments to reduce the number of classes 
pertaining to the application for trademark registration. 
 
(Special provisions on trademark right covering two or more designated goods or designated services)  
 
 
  
57 Article 69 For the purpose of the  application of Article 13-2(4 ) (including where it is appli ed mutatis mutandis pursuant 
to Article 68(1)), 20(4) and 33(1) of this Act, Article 97(1) o r 98(1)(i) of the Patent Act as applied mutatis mutandis 
pursuant to Article 35 of this Act, Article 43-3(3), 46(3), 46- 2 or 54 of this Act, Article 132(1) of the Patent Act as 
respectively applied mutatis mutandis pursuant to Article 56(1)  of this Act or Article 174(3) of the Patent Act as 
applied mutatis mutandis pursuant to Article 61 of this Act, Ar ticle 59, 60, 71(1)(i) or 75( 2)(iv) of this Act, to the 
trademark registration or trademark right covering two or more designated goods or designated services, the 
trademark shall be deemed to have been registered or the tradem ark right shall be deemed to exist, for each of the 
designated goods or designated services. 
 
(Special provisions on trademarks, et c., similar to registered trademarks) 
Article 70 (1) The term "registered trademark" as used in Artic le 25, 29, 30(2), 31(2), 31-2(1), 34(1), 38(1)(ii) or (3) 
to (5), 50, 52-2(1), 59(i), 64, 73 or 74 shall include trademar ks similar to the registered trademark that would be 
regarded as being identical with the registered trademark if th ey were in the same color(s) as the registered 
trademark. 
(2) The term "registered defensive mark" as used in Article 4(1 )(xii) or 67 shall include marks similar to the registered 
defensive mark that would be regarded as being identical with t he registered defensive mark if they were in the 
same color(s) as the registered defensive trademark. 
(3) The term "trademark similar to the registered trademark" as  used in Article 37(i) or 51(1) shall not include any 
trademark similar to the registered trademark that would be reg arded as being identical with the registered 
trademark if they were in the same color(s) as the registered t rademark. 
(4) The preceding three paragraphs shall not apply to a tradema rk that consists solely of colors. 
 
(Registration in Trademark Registry) 
Article 71 (1) The foll owing matters shall be registered in the  Trademark Registry maintained in the Patent Office: 
(i) the establishment, renewal of the duration, division, transfer, modification, extinguishment, 
restoration or restriction on di sposition of a trademark right; 
(ii) the establishment, renewal of the duration, tran sfer or extinguishment of  right based on defensive 
mark registration; 
(iii) the establishment, maintena nce, transfer, modification, exti nguishment or restriction on 
disposition of exclusive right to use or non-exclusive right to use; and 
(iv) the establishment, transfer, modification, extingui shment or restriction on disposition of a right of 
pledge on a trademark right, exclusive righ t to use or non-exclusive right to use. 
(2) The Trademark Registry may be prepared, in whole or in part , in the form of magnetic tapes (including other 
storage media using a similar method that may record or reliabl y store certain matters; the same shall apply 
hereinafter). 
(3) In addition to those provided in this act, matters relating  to the registration shall be provided by Cabinet Order. 
 
(Issuance of certificate of trademark registration, etc.)  
 
 
  
58 Article 71-2 (1) Upon registratio n of the establishment of a tr ademark right or upon registration of the establishment 
of rights based on defensive mark registration, the Commissione r of the Patent Office shall issue a certificate of 
trademark registration or defensi ve mark registration to the ho lder of trademark right. 
(2) The re-issuance of a certific ate of trademark registration or defensive mark registration shall be provided by 
Ordinance of the Ministry of Economy, Trade and Industry. 
 
(Request for certificate, etc.) 
Article 72 (1) Any person may file a request with regard to tra demark registration or defensive mark registration to 
the Commissioner of the Patent Office to issue a certificate, a  transcript of documents o r an extract of documents, 
to allow the inspection or copyi ng of documents or materials un der Article 5(4), or to issue documents stored on 
the magnetic tapes that constitute a part of the Trademark Regi stry; provided, however, that if the Commissioner 
of the Patent Office considers it necessary to keep such docume nts or materials confidential, this provision shall 
not apply in the case of the fol lowing documents or the materia ls under Article 5(4): 
(i) documents pertaining to a trial under Article 46( 1) (including cases where it is applied mutatis 
mutandis pursuant to Article 68(4)), 50(1), 51(1), 52- 2(1), 53(1) or 53-2 (including cases where it is 
applied mutatis mutandis pursuant to Article 68(4)) or  a retrial of the final and binding trial decision 
rendered in the said trial, with respect to which the party in the case or an intervener has given 
notice that a trade secret owned by the said party in  the case or intervener has been described (trade 
secret as provided in Article 2(6) of the Unfair Competition Prevention Act (Act No. 47 of 1993); the 
same shall apply in the following item); 
(ii) documents concerning an advisory opinion on the effects of a trademark right, with respect to which 
a party in the case has given notice that a trade secret owned by the said party in the case has been 
described; 
(iii) documents which are likely to cause damage to an  individual's reputation or peaceful existence; 
and 
(iv) documents which are likely to cause damage to public policy. 
(2) Where the Commissioner of the Patent Office approves of the  request under the main clause of the preceding 
paragraph with regard to the doc uments as provided in items (i)  to (iii) of the said paragraph, the Commissioner of 
the Patent Office shall notify th e person who submitted the sai d documents thereof an d reasons therefor. 
(3) Provisions of the Act Concerning Access to Information Held  by Administrative Organs (Act No. 42 of 1999) shall 
not apply to the documents concerning trademark registration or  defensive mark registration and the part of the 
Trademark Registry stored on magnetic tapes. 
(4) Provisions in Chapter 4 of the Act Concerning Protection of  Personal Information Po ssessed by Administrative 
Organs (Act No. 58 of 2003) shall not apply to the possessed Pe rsonal Information (referring  to the possessed Personal 
Information as provided in Article 2(5) of the said Act) record ed in the documents concer ning trademark registration 
or defensive mark registration and the part of the Trademark Re gistry stored on magnetic tapes. 
 
(Indication of trademark registration) 
Article 73 Where the holder of t rademark right, exclusive right  to use or non-exclusive right to use affixes the registered 
trademark to the designated goods , packages of the designated g oods or articles to be used for the provision of the  
 
 
  
59 designated services, or affixes, in the provision of the design ated services, the registered trademark to the goods 
pertaining to the provision of the designated services that bel ong to the person receiving the designated services 
pursuant to the provisions of Ordinance of the Ministry of Econ omy, Trade and Industry, he/she shall make efforts 
to affix to the trademark an indication (hereinafter referred t o as an "indication of trade mark registration") stating 
that the trademark is a registered trademark. 
 
(Prohibition of false indication) 
Article 74 It shall be  prohibited for a pe rson to do the follow ing acts: 
(i) in using a trademark that is not a registered trademark, to affix an indication of trademark 
registration or an indication conf using therewith to the trademark; 
(ii) in using a registered trademark for goods or serv ices that are not the design ated goods or designated 
services, to affix an indication of trademark registration or an indication confusing therewith to the 
trademark; 
(iii) the possession, for the purpose of assignment or delivery, of articles affixed on goods or on their 
packages, a trademark other than a registered trademark, articles affixed on goods other than the 
designated goods, or on their packages, a registered  trademark in connection with goods, or articles 
affixed on goods or on their packages, a registered  trademark in connection with services, where the 
indication of trademark registrati on or an indication confusing th erewith is affixed to the said 
trademark; 
(iv) the possession or importation of articles affixed with a trademark other than a registered 
trademark, that are used in the co urse of the provision of services by a person who receives the said 
services, articles affixed with a registered tradem ark in connection with services, that are used in 
the course of the provision of serv ices other than the de signated services by a person who receives 
the said services, or articles affixed with a regist ered trademark in connection with goods, that are 
used in the course of the provision of services by a person who receives the said services, where the 
indication of trademark registrati on or an indication confusing th erewith is affixed to the said 
trademark (hereinafter referred to in the following  item as "articles with a false indication of 
trademark registration pertaining to services"), for the purpose of the provision of the said services 
through use of the said articles; and 
(v) the assignment, delivery, or possession or importation for the purpose of assignment or delivery of 
articles with a false indication of trademark regist ration pertaining to services, for the purpose of 
causing the provision of the said servic es through use of the said articles; 
 
(Trademark Gazette) 
Article 75 (1) The Patent Office shall publish the trademark ga zette 
(2) In addition to those matters provided in this Act, the trad emark gazette shall contain the following matters: 
(i) examiner's decisions to the effect that an applicat ion is to be refused, or the waiver, withdrawal or 
dismissal of applications for trademark registration  or applications for defe nsive mark registration 
after laying open of application;  
 
 
  
60 ( i i )  s u c c e s s i o n  o f  r i g h t  d e r i v i n g  f r o m  a n  a p p l i c a t ion for trademark registration after laying open of 
application; 
(iii) amendments made to the designated goods or desi gnated services stated in an application, to the 
trademark for which the registration is sought, or to the mark for which the defensive mark 
registration is sought after laying open of application; 
(iv) extinguishments of trademark ri ghts (except due to the expiration of the duration and the provision 
of Article 41-2(6) (including cases where it is applied mutatis mutandis pursuant to Article 41-2(8)); 
(v) filing of an opposition to registration or reques t appeal/trial or a retrial, or withdrawal thereof; 
(vi) final and binding decisions on the opposition to registration, final and binding appeal/trial decisions 
or the final and binding decision or appeal/trial decision on retrial; and 
(vii) final and binding judgments in actions under Article 63(1). 
 
(Fees) 
Article 76 (1) Fees shall be paid by the following persons in a n amount to be provided by Cabinet Order in view of 
the actual costs: 
(i) persons notifying of succession under Article 34( 4) of the Patent Act as applied mutatis mutandis 
pursuant to Article 13(2) of this Act; 
(ii) persons filing a request for an extension of the term under Article 17-4 of the Design Act as applied 
mutatis mutandis pursuant to Article 17-2(2) (inclu ding cases where it is applied mutatis mutandis 
pursuant to Article 68(2)) of this Act, Article 41(2) , Article 41-2(2), 43-4(3) (including cases where it 
is applied mutatis mutandis under Ar ticle 68(4)) of this Act, Article 65-8(3) or Article 4 of the Patent 
Act as applied mutatis mutandis pursuant to 77(1) of this Act or Article 5(1), or a change of the date 
under Article 5(2) of the Patent Act as applied mu tatis mutandis pursuant to Article 77(1) of this 
Act. 
(iii) persons filing an application fo r international registration to the Commissioner of the Patent Office 
pursuant to Article 68-2; 
(iv) persons presenting to the Commissioner of the Patent Office a request for subsequent designation 
pursuant to Article 68-4; 
(v) persons filing an application fo r renewal of the duration of in ternational registration to the 
Commissioner of the Patent Offi ce pursuant to Article 68-5; 
(vi) persons filing a request to the Commissioner of the Patent Office for the recording of a change in 
the ownership of international registration pursuant to Article 68-6; 
(vii) persons filing a request for the re-issuance of a certificate of trademark registration or defensive 
mark registration; 
(viii) persons filing a request for the issuance of a certificate pursuant to Article 72(1); 
(ix) persons filing a request for the issuance of a transcript of docu ments or an extract of documents 
pursuant to Article 72(1); 
(x) persons filing a request to allo w the inspection or copying of documents or materials under Article 
5(4) pursuant to Article 72(1); and  
 
 
  
61 (xi) persons filing a request for the issuance of docu ments whose contents are st ored on magnetic tapes 
that constitute part of the Trademark Registry pursuant to Article 72(1). 
(2) The persons listed in the center column of the attached tab le shall pay fees in the amount as provided by Cabinet 
Order within the range of the amounts specified in the correspo nding right-hand column of the table. 
(3) The preceding two paragraphs shall not apply where the pers on to pay the fee in accordance with these paragraphs 
is the State. 
(4) Where the State has co-ownership of a trademark right, a ri ght deriving from an application for trademark 
registration or a right based on an application for defensive m ark registration with a person other than the State, 
and the portion of their respect ive shares of the said right ha s been agreed, notwithstanding the provisions of 
paragraph (1) or (2), the fees payable thereunder (limited to t hose provided by Cabinet Order) shall be determined 
as the sum of the provided fees m ultiplied by the ratios of the  share of each person other than the State, and, the 
person(s) other than the St ate shall pay such sum. 
(5) Where the amount of the fees calculated under the preceding  paragraph has a fractional figure of less than ten yen, 
the said portion shall be discarded. 
(6) The payment of the fees under paragraph (1) or (2) shall be  made by patent revenue stamps as provided by 
Ordinance of the Ministry of Economy, Trade and Industry; provi ded, however, that where so provided by 
Ordinance of the Ministry of E conomy, Trade and Industry, a cas h payment thereof shall be accepted. 
(7) Fees paid in excess or in error shall be refunded upon the request of the person who made payment thereof. 
(8) No request for a refund of the fees under the preceding par agraph may be filed after one year from the date on 
which the payment thereof has been made. 
(9) Where, due to reasons beyond the control of the person, the person filing a request for refund a 
registration fee is unable to file th e request within the time limit as pr ovided in paragraph (7), the said 
person may, notwithstanding the said paragraph, file the request within 14 days (two months for 
resident abroad) from the date on which the reasons for not filing ceased to be applicable, but not later 
than six months after the expira tion of the said time limit. 
 (Mutatis mutandis application of Patent Act) 
Article 77 (1) The provisions of Articles 3 to 5 (time periods and dates) of the Patent Act shall apply mutatis mutandis 
to time periods and dates provided in this Act. In this case, t he term "Article 121(1)" of A rticle 4 of the Patent Act 
shall be deemed to be replaced with "Article 44(1) or 45(1) of the Trademark Act." 
(2) Articles 6 to 9, 11 to 16, 17(3) and 17(4), 18 to 24 and 19 4 (procedures) of the Pate nt Act shall apply mutatis 
mutandis to an application for trademark registration, an appli cation for defensive mark registration, any petitions 
or any other procedures pertaining to trademark registration or  defensive mark registration. In this case, the portion 
"appeal against an examiner's decision of refusal" in Article 9  of the Patent Act shall be deemed to be replaced with 
"appeal under Article 44(1) or 45( 1) of the Trademark Act," the  portion "appeal against an examiner's decision of 
refusal" in Article 14 of the Patent Act shall be deemed to be replaced with "appeal under Article 44(1) or 45(1) of 
the Trademark Act," the portion "(ii) where the procedures do n ot comply with the formal requirements provided 
by this Act or an order thereunder" in Article 17(3) of the Pat ent Act shall be deemed to be replaced with "(ii) where 
the procedures do not comply with the formal requirements provi ded by this Act or an order thereunder; (ii)-2 
where, pertaining to the procedures, the registration fee under  Article 40(2) of the Trademark Act or the registration  
 
 
  
62 fee (including the registration surcharge due and payable pursu ant to Article 43(1) or 43(2) of the Trademark Act) 
payable at the time of application for registration of renewal pursuant to Article 41-2(7) of the Trademark Act is 
not paid," the portion "any of the items in Article 38-2(1)" in  Article 18-2(1) of the Patent Act shall be deemed to 
be replaced w ith "any of the items  in Article 5-2(1) of the Tra demark Act (including cases where it is applied 
mutatis mutandis pursuant to Article 68(1) of the Trademark Act ))." 
(3) The provision of Article 25 (Enjoyment of rights by foreign  nationals) of the Patent Act shall apply mutatis 
mutandis to a trademark right and other rights relating to the trademark registration. 
(4) Article 26 (Effect of treaties) of the Patent Act shall app ly mutatis mutandis to the trademark registration and 
defensive mark registration. 
(5) The provisions of Articles 189 to 192 (Service) of the Pate nt Act shall apply m utatis mutandis to service provided 
in this Act. 
(6) Article 195-3 of the Patent Ac t shall apply mu tatis mutandi s to dispositions under this Act or under an order based 
on this Act. 
(7) Article 195-4 (Restriction on request for review under prov isions of Administrative Complaint Review Act) of the 
Patent Act shall apply mutatis mutandis to an examiner's decisi on, a ruling to dismiss an  amendment, a rescission 
decision, appeal/trial decision, a ruling to dismiss a written opposition, a ruling to dismiss a written request for 
appeal/trial or retrial under this Act and to a disposition aga inst which no appeal lies in accordance with this act, or 
inaction thereof. 
 
(Transitional measures) 
Article 77-2 Where an order is established, revised or abolishe d pursuant to this Act, tran sitional measures (including 
transitional measures relating to penal provisions) to the exte nt deemed reasonably necessary for the establishment, 
revision or abolishment may be provided by the said order. 
 
CHAPTER 9 PENAL PROVISIONS 
 (Crime of infringement) 
Article 78 An infringer of a trademark right or an exclusive ri ght to use (excluding one who has committed an act that 
shall be deemed to constitute infringement of a trademark right  or an exclusive right to use under Article 37 or 
Article 67) shall be punished by imprisonment with work for a t erm not exceeding ten years or a fine not exceeding 
10,000,000 yen or combination thereof. 
 Article 78-2 Any person who has committed an act that shall be deemed to constitute infringe ment of a trademark right 
or an exclusive right to use under Article 37 or Article 67 sha ll be punished by imprisonm ent with work for a term 
not exceeding five years or a fi ne not exceeding 5,000,000 yen or combination thereof. 
 
(Crime of fraud) 
Article 79 Any person who has obtained a trademark registration , defensive mark registration, registration of renewal 
of the duration of trademark right or right based on defensive mark registration, decision on opposition to  
 
 
  
63 registration or appeal/trial de cision by means of a fraudulent act shall be punished by imprisonment with work for 
a term not exceeding three years or a fine not exceeding 3,000, 000 yen. 
 
(Crime of false indication) 
Article 80 Any person who fails to comply with Article 74 shall  be punished by imprisonment with work for a term 
not exceeding three years or a fine not exceeding 3,000,000yen.  
 
(Crime of perjury, etc.) 
Article 81 (1) A witness, an expert witness or an interpreter w ho has taken an oath under this Act and made a false 
statement or given a false expert opinion or a false interpreta tion before the Patent Office or a court commissioned 
thereby, shall be punished by im prisonment with work for a term  of between three m onths and ten years. 
(2) Where a person who has committed the offense in the precedi ng paragraph has made a voluntary confession before 
a transcript of the judgment on the case has been served, or a decision on an opposition to r egistration or appeal/trial 
decision has become final and binding, the punishment may be re duced or waived 
 
(Crime of breach of confidentiality order) 
Article 81-2 (1) Any person who fails to comply with an order p ursuant to Article 105-4(1) (including cases where it 
is applied mutatis mutandis pursuant to Article 13-2(5)) of the  Patent Act as applied mut atis mutandis pursuant to 
Article 39 of this Act shall be punished by imprisonment with w ork for a term not exceeding five years or a fine 
not exceeding 5,000,000yen or combination thereof. 
(2) The prosecution of the crime  under the preceding paragraph may not be instituted unless a complaint is filed. 
(3) The crime under paragraph (1) shall apply to a person who c ommits the crime under the said paragraph while 
outside Japan. 
 
(Dual liability) 
Article 82 (1) Where a represent ative of a juridical person or an agent, employee or other staff member of a juridical 
person or an individual has committed, in the course of perform ing social activities for the juridical person or 
individual, any act in violation of the provisions prescribed i n the following items, in a ddition to the offender, the 
juridical person shal l be punished by fine as provided in the c orresponding items and th e individual shall be 
punished by fine as provided in each article prescribed in the following items: 
(i) Article 78, Article 78-2 or 81-2(1), a fine not exceeding 300 million yen; and 
(ii) Article 79 or 80, a fine  not exceeding 100 million yen. 
(2) In the case of the preceding paragraph, a complaint under A rticle 81-2(2) against the offender shall also have effect 
on the juridical person or individual and a complaint against t he juridical person or indivi dual shall also have effect 
on the offender. 
(3) Where a fine is imposed on a judicial person or individual pursuant to paragraph (1) with regard to a violation of 
Article 78, 78-2 or 81-2(1), the period of prescription shall b e governed by the same rules as for crimes in the 
provisions thereof. 
 
(Non-penal fine)  
 
 
  
64 Article 83 Where a person who has taken an oath under Article 2 07(1) of the Code of Civil Procedure as applied 
mutatis mutandis pursuant to Article 151 of the Patent Act as a pplied mutatis mutandis purs uant to Article 71(3) of 
the Patent Act as applied mutatis mutandis pursuant to Article 28(3) (including cases where it is applied mutatis 
mutandis pursuant to Article 68(3) of this Act) of this Act, Ar ticle 43-8 (including cases whe re it is applied mutatis 
mutandis pursuant to Article 60-2(1) and 68(4) of this Act) or Article 56(1) (including cases where it is applied 
mutatis mutandis pursuant to Article 68(4) of this Act), Articl e 174(3) of the Patent Act as applied mutatis mutandis 
pursuant to Article 61 (including cases where it is applied mut atis mutandis pursuant to Article 68(5) of this Act), 
Article 58(2) of the Design Act as applied mutatis mutandis pur suant to Article 62(1) (including cases where it is 
applied mutatis mutandis pursuant to Article 68(5) of this Act) , or Article 58(3) of the Design Act as applied mutatis 
mutandis pursuant to Article 62(2) (including cases where it is  applied mutatis mutandis pursuant to Article 68(5) 
of this Act) has made a false statement before the Patent Offic e or a court commissioned thereby, the said person 
shall be liable to a non-penal fine not exceeding 100,000 yen. 
 
Article 84 A person who has been summoned by the Patent Office or a court commissioned the reby in accordance with 
this Act and fails to appear or refuses to take an oath, make a  statement, testify, give an  expert opinion or interpret 
without a just cause s hall be liable to a non-penal fine not ex ceeding 100,000yen. 
 
Article 85 A person who has been ordered by the Patent Office o r a court commissioned thereby to submit or present 
documents or other materials for the purpose of examination or preservation of evidence in accordance with this 
Act, and fails to comply with the order without a just cause sh all be liable to a non-penal fine not exceeding 
100,000yen. 
 
Supplementary provisions (Extract) within the period specified by Ordinance of the Ministry of Economy, Trade and Industry 
 
 Attached Table (In relation to Article 76) 
  
Person responsible for payment  
Amount 
 1  
Person filing an application for 
trademark registration  
6,000 yen per case plus 15,000 
yen for each class 
 
2  
Person filing an application for 
defensive mark registration or for registration of renewal of 
the duration of a right based on 
defensive mark registration  
12,000 yen per case plus 30,000 
yen for each class 
 3  
Person responsible for the  
4,200 yen per case  
 
 
  
65 procedures under Article 43(7), 
Article 41(3), Article 41-2(3), 
Article 65-8(4) of the Patent Act 
as applied mutatis mutandis under Article 9(3) and Article 
13(1), or Article 5(3) of the 
Patent Act as applied mutatis mutandis under Article 77(1) 
 4  
Person requesting the division 
of a trademark right  
30,000 yen per case 
 5  
Person requesting an advisory 
opinion pursuant to Article 28(1) (including cases where it 
is applied mutatis mutandis 
pursuant to Article 68(3))  
40,000 yen per case 
 
6  
Person filing an opposition to registration  
3,000 yen per case plus 8,000 yen for each class 
 
7  
Person requesting to intervene 
in proceedings of an opposition 
to registration  
11,000 yen per case 
 8  
Person filing a request for appeal/trial or retrial  
15,000 yen per case plus 40,000 yen for each class 
 9  
Person requesting to intervene 
in a trial or retrial  
55,000 yen per case