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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 REG ISTRATION AND APPLICATIO N FOR REGISTRATION OF 
TRADEMARK (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 63-2) 
CHAPTER VII DEFENSIVE MARK (ARTICLES 64 TO 68) この商標法の翻訳は、令和元年法律第三号のうち、令和 2 年 4 月 1 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. 
3 of 2019 (Effective April 1, 2020)). 
  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 responsi ble 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 Act is, through the protection of  trademarks, to ensure the 
maintenance of business confidence of persons who use trademark s and thereby to contribute 
to the development of the industry and to protect the interests  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 re ferred 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 pro vision of benefits for custo mers conducted in the 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;  
 
 
  
3 (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; 
(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 pa ragraph shall include those lis ted in each of the said 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 servi ces, or advertisement materials relating to goods or services 
(including a case where goods, ar ticles to be used for the prov ision of services, or advertisement 
materials relating to goods or services themselves are recordin g 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 those 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 trademar k: 
(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;  
 
 
  
4 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; 
(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 th e preceding paragraph, a trademark that f alls under any of items (iii) to (v) 
of the preceding paragraph may b e registered if, as a result of  t h e  u s e  o f  t h e  t r a d e m a r k ,  
consumers are able to recogni ze the goods or services as those pertaining to a business of a 
particular person. 
 
(Unregistrable trademarks) 
Article 4 (1) Notwithstanding 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);  
 
 
  
5 (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; 
(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  
 
 
  
6 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 
(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 an y 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 g overnment, an agency thereof, a  non-profit organization 
undertaking a business for public interest, or a person underta king a non-profit activity for 
public interest files an applicat ion for trademark registration  f a l l i n g  u n d e r  i t e m  ( v i )  o f  t h e  
preceding paragraph, the provisi on of the said ite m shall not a pply. 
(3) Items (viii), (x), (xv), (xvi i) 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 filing 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 d ocuments. The application 
shall state the fo llowing 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), si gn(s) or three-dimensional 
shape(s) or colors in connection with the said trademark change ; 
(ii) consists of three-dimensi onal shape(s) (including the comb ination with any character(s), 
figure(s), sign(s) or three-dime nsional shape(s) or colors, or any combination thereof) 
(excluding 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 t hose listed in each of the preceding items,  trademarks provided by Cabinet 
Order of the Ministry of Economy, Trade and Industry.  
 
 
  
7 (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 characters"), the 
application shall contain a st atement 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 description of the 
trademark in the application pursuant to Ordinance of the Minis try of Economy, Trade and 
Industry, or affix materials provided by Ordinance of the Minis try of Economy, Trade and 
Industry 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 registration is sought is required to be stated, 
the said portion of the trademark shall be deemed not to be a p art of the trademark; provided, 
however, that this shall not apply to an area specified and ide ntified as an area to be colored in 
the same color as th at of the column. 
 
(According of filing date, etc.) 
Article 5-2 (1) The Commission er of the Patent Office shall acc ord as the filing date of an 
application for trademark regist ration the date of submission o f the application relating thereto, 
unless the application for trademark registration falls under a ny of the following 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 trademark 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 registrat ion to supplement the applicati on, 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 suppl ement (hereinafter referred t o as a "Written Supplement"). 
(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 limit as 
provided in the said paragraph, the Commissioner of the Patent Office shall accord the date of 
submission of the Written Supplem ent as the filing date of the application for trademark 
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 a pplication within the designated 
time limit as provided in the said paragraph, the Commissioner of the Patent Office may dismiss 
the said application for trademark registration.  
 
 
  
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(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 with whic h 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 pr ovided by Cabinet Order. 
(3) The class of goods and servi ces provided for in the precedi ng paragraph shall not be perceived 
as prescribing the scope of simi larities of goods or services. 
 
(Collective trademarks) 
Article 7 (1) A general incorpor ated association or other assoc iation (except those which do not 
have juridical persona lity, and companies), or any other associ ation established pursuant to a 
special Act including business co operative (except those which do not have juridical 
personality), or a foreign juridical person equivalent thereto shall be entitled to obtain a 
collective trademark registration  with respect to a trademark t o be used by their members. 
(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 registration  pursuant to Article 5(1), submit 
to the Commissioner of the Patent Office a document certifying that the applicant for trademark 
registration is a juridical perso n 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 are excluded, an d limited to those which are 
established by a special Act pro viding, without a just cause, t hat the association shall not refuse 
the enrollment of any person who  is eligible to become a member  or that the association shall 
not impose on any of its prospect ive members any condition that  is heavier than those imposed 
on its existing members), a co mmercial transaction, commercial and industrial association or 
specified non-profit corporation specified in Article 2(2) of A ct on Promotion of Specified Non-
profit Activities (Act No. 7 of 1998), or a foreign juridical p erson equivalent thereto (hereinafter 
referred to as an "Association, e tc.") shall be entitled to obt ain a regional collective trademark 
registration with respect of any of the following, provided tha t the trademark is used by its 
members and, as a result of the use of the said trademark, the said 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 (exc ept a case falling 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;  
 
 
  
9 (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, t he name of the place of origin  o f  t h e  g o o d s ,  t h e  l o c a t i o n  o f  
provision of services, or the name of the region which is consi dered to have a close relationship 
with the said goods or services to  the equivalent extent, for w hich the trademark pertaining to 
the said application h as been used by the applicant or its memb ers, or abbreviation thereof. 
(3) For the purpose of the application of Article 3(1) (limited  to the part pertaining to items (i) 
and (ii)) in the case of paragra ph (1), "applicant" in the said  paragraph shall read "applicant or 
its members." 
(4) Any person who desires to r egister a regional collective tr ademark pursuant to paragraph (1) 
shall, at the time of filing of an application for trademark re gistration pursuant to Article 5(1), 
submit to the Commissioner of the Patent Office a document cert ifying that the applicant for 
trademark registration is an Asso ciation, etc. and documents ne cessary to prove that the 
trademark for which the registration is sought contains the nam e 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 iden tical or similar goods or services 
have been filed on different dat es, only the applicant who file d the application for trademark 
registration on the earlier date shall be entitled to register the trademark in question. 
(2) Where two or more applicati ons for trademark registration r elating to identical or similar 
trademarks which are to be used i n connection with identical or  similar goods or services have 
been filed on the same date, only one applicant who is to be de termined by consultations among 
the applicants who filed such applications shall be entitled to  register the trademark in question. 
(3) Where an application for tr ademark registration is abandone d, withdrawn or dismissed, or an 
examiner's decision or a trial decision on an application for t rademark registration becomes 
final and binding, such applicat ion shall, for the purposes of the application of the preceding 
two paragraphs, 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 consultations among the a pplicants as set forth in the said 
paragraph and to report the resu lt thereof, designating a reaso nable time limit for such purpose.  
 
 
  
10 (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 cond ucted by the Commissioner of the 
Patent Office, shall be entitled to register the trademark in q uestion. 
 
(Special provisions concerning time of filing of application) 
Article 9 (1) Where an applicatio n for trademark registration i s filed in connection with a 
trademark used for goods or ser vices exhibited at an exhibition  held by the Government, etc., 
an exhibition held by those who are not the Government, etc. th at conforms to the standards 
specified by the Commissioner of  the Patent Office, an internat ional exhibition held by the 
Government, etc. of a country of the Union to the Paris Convent ion, 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 inte rnational exhibition held by the 
Government, etc. of a country which is not a country of the Uni on of the Paris Convention, a 
member of the World Tr ade Organization or a Contracting Party t o the Trademar k Law Treaty 
or by those authorized thereby to hold such exhibition in its t erritory that conforms to the 
standards specified by the Commissioner of the Patent Office, b y the exhibitor of such goods 
or services bearing the trademar k within six months from the da te of exhibition of such goods 
or services, the said applicatio n shall be deemed to have been filed at the time of exhibition of 
such goods or services. 
(2) Any person who desires to app ly the preceding paragraph in connection with a trademark 
relating to an application for tr ademark registration shall sub mit to the Commissioner of the 
Patent Office a document stating thereof at the time of filing of the application for trademark 
registration, and documents prov ing the fact that the trademark  pertaining to an application for 
trademark registration and its designated goods or designated s ervices fall under the trademark 
and goods or services provided in the said paragraph (referred to as a "certificate" in the 
following paragraph and paragraph (4)), within thirty days from  the filing 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 accordan ce with Ordinance of the 
Ministry of Economy, Trade and Industry, submit the said certif icate to the Commissioner of 
the Patent Office only within the time limit as provided in Ord inance of the Ministry of 
Economy, Trade and Industry, even after the expiration of the t ime 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. 
  
 
 
  
11 (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 trad emark equivalent to a trademark 
provided in Article 2(1)(ii)) may be claimed as governed by the  same rules as Article 4 of the 
Paris Convention in connection with a right of priority based o n an application for registration 
of a trademark equivalent to the  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 be claimed 
in connection with an applicatio n for trademark registration as  governed by Article 4 of the 
Paris Convention. 
 
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 
to 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 tradema rk for which registration is 
sought stated in the application,  is found to cause any change of the gist thereof, the application 
for trademark registration shall be deemed to have been filed a t the time of submission of the 
written amendment relating thereto. 
 
(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 g oods or services as its designated 
goods or designated services, pr ovided that the application for  trademark registration is pending 
in examination, trial examination or retrial examination, or th at a suit against a trial decision to 
refuse the application is pendi ng in court, and that the applic ant has paid the fees payable under 
Article 76(2) for the applicati on for trademark registration.  
 
 
  
12 (2) In the case of the preceding paragraph, the new application  for trademark registration shall be 
d e e m e d  t o  h a v e  b e e n  f i l e d  a t  t h e  t i m e  o f  f i l i n g  o f  t h e  o r i g i n a l  application for trademark 
registration; provided, however, that this shall not apply for the purpose of Article 9(2) of this 
Act and Article 43(1) and 43(2) of the Patent Act (Act No.121 o f 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 appli ed 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 origin al application for trademark 
registration which are required to be submitted in connection w ith the new application for 
trademark registration pursuant to Article 9(2) of this Act or Article 43(1) and 43(2) of the 
Patent Act as applied mutatis mutandis pursuant to Article 13(1 ) of this Act (including its 
mutatis mutandis application pursu ant to Article  43-3(3) of th e Patent Act as applied mutatis 
mutandis pursuant to Article 13(1) of this Act) shall be deemed  to have been submitted 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 trad emark into a regular applicati on for trademark registration 
(referring to an application for trademark registration other t han those of collective trademarks 
and regional collective trademarks; the same shall apply herein after) or an application for 
trademark registration of a re gional collective trademark. 
(2) An applicant for trademark re gistration may convert an appl ication for trademark registration 
of a regionally based collective trademark into a regular appli cation for trademark registration 
or an application for trademark registration of a collective tr ademark. 
(3) An applicant for trademark registration may convert a regul ar application for trademark 
registration into an application for trademark registration of a collective trademark or an 
application for trademark regist ration of a regionally based co llective trademark. 
(4) The conversion of an applicat ion 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 application for trademark re gistration becomes final and bi nding. 
(5) Where the conversion of an a pplication for trademark regist ration is made pursuant to 
paragraphs (1) to (3), the original application for trademark r egistration shall be deemed to have 
been withdrawn. 
(6) The provisions of Articles 10(2) and 10(3) shall apply muta tis mutandis to the conversion of 
an application for trademark regi stration pursuant to paragraph s (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.  
 
 
  
13 (2) The conversion of an appli cation pursuant to the preceding paragraph may not be made after 
an examiner's decision or a trial decision on the application f or a defensive mark registration 
becomes final and binding. 
(3) The provisions of Articles 10(2), 10(3) and 11(5) shall app ly mutatis mutandis to the 
conversion of an application pursuant to paragraph (1). 
 
(Laying open of application) 
Article 12-2 (1) Where an applicat ion for trademark registratio n is filed, the Commissioner of the 
Patent Office shall lay open th e 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 no t apply to the matters listed in 
items (iii) and (iv), where the Commissioner of the Patent Offi ce finds that publishing the said 
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 for trademark 
registration. In this case, the term "within the time limit pro vided by Ordinance of the Ministry 
of Economy, Trade and Industry" in Article 43(1) of the said Ac t shall be deemed to be replaced 
with "at the time of filing of th e application for trademark re gistration," "the description, scope 
of claims for patent or claim of utility model and drawings" in  paragraph (2) of the said Article 
shall be deemed to be replaced with "the statement of the trade mark for which registration is 
sought and the designated goods  or designated services," "one y ear and four months from the 
earliest of the following dates" in paragraph(2) of the said Ar ticle shall be deemed to be 
replaced with "three months from the filing date of an applicat ion for trademark registration"; 
"a person who has received a no tice provided under the precedin g paragraph" in paragraph (7) 
of the said Article shall be deemed to be replaced with "where a person who submits the 
documents under paragraph (2) is unable to submit the documents  under the said paragraph 
within the time limit provided in the said paragraph, even afte r the expiration of the said time 
limit," "the documents specified in paragraph (2) or the docume nt specified in paragraph (5)" 
in paragraph(7) of the said Article shall be deemed to be repla ced with "the documents specified 
in the said paragraph as provided by Ordinance of the Ministry of Economy, Trade and 
Industry"; "a person who has r eceived a notice provided under p aragraph (6)" in paragraph(8) 
of the said Article shall be deem ed to be replaced with "a pers on who submits the documents  
 
 
  
14 under paragraph (2)," "the documen ts specified in paragraph (2)  or the document specified in 
paragraph (5)" in paragraph(8) of the said Article shall be dee med to be replaced with "the 
documents specified in paragraph (2)," "the documents or the do cument" in paragraph(8) of the 
said Article shall be deemed to be replaced with "the documents "; "the document s specified in 
paragraph (2) or the document specified in paragraph (5)" in pa ragraph (9) of the said Article 
shall be deemed to be replaced w ith "the documents specified in  paragraph (2)"; "or 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 Contr acting Parties to the 
Trademark Law Treaty"; "or nationals of members of the World Tr ade Organization" in the 
same paragraph shall be deemed t o be replaced with "nationals o f members of the World Trade 
Organization or nationals of Contracting Parties to the Tradema rk 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 par agraph shall be deemed to be 
replaced with "preceding 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 deriving 
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 regist ration by presenting a document  stating a description of the 
application, the applicant may cl aim against any person who use s the trademark pertaining to 
the application, for the design ated goods or designated service s in the application during the 
period from the warning to the registration of establishment of  the trademark right, the payment 
of money in the amount  equivalent to the loss incurred in the c ourse of business 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 para graph (1) shall be deemed neve r to have arisen in any of the 
following cases: where an applicat ion for trademark registratio n is abandoned, withdrawn or 
dismissed; where an examiner's d ecision or a trial decision to the effect that an application for 
trademark registration is to be refused becomes final and bindi ng; where a ruling to rescind a 
trademark under Article 43-3(2) becomes final and binding; or w here, excluding the cases 
falling under the proviso to Article 46-2(1), a trial decision to the effect that a trademark 
registration is to be invalidated becomes final and binding. 
(5) The provisions of Articles 27 and 37 of this Act, Articles 104-3(1) and (2), 105, 105-2, 105-4 
to 105-6 and 106 of the Patent Act as applied mutatis mutandis under Article 39 of this Act, 
and Articles paragraphs (3) to (6 ) of Article 168 of the Patent  Act as applied mutatis mutandis  
 
 
  
15 under Article 56(1) of this Act and Articles 719 and 724 (Tort)  of the Civil Code (Act No.89 
of 1896) shall apply mutatis mutandis to the exercise of the ri ght to claim under paragraph (1). 
In this case, where prior to the registration of the establishm ent of the trademark right, the 
person having the right to claim becomes aware of the fact that  the trademark in connection 
with the application fo r trademark registration is used, and th e identity of the person using the 
trademark, the term "by the victim or his/her legal representat ive within three years from the 
time when he/she comes to know of the damages and the identity of the perpetrator" in Article 
724 (i) of the said Code shall b e deemed to be replaced with "b y the person having the right to 
claim within three years from th e date of the registration of t he establishment of the trademark 
right." 
 
CHAPTER III EXAMINATION 
 
(Examination by an examiner) 
Article 14 The Commissioner of t he 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 decisi on to the effect that the app lication is to be refused: 
(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 trad emark registration of the reasons 
for refusal and provide the applicant an opportunity to submit a written opinion, designating a 
reasonable time limit  for such purpose. 
 A r t i c l e  1 5 - 3  ( 1 )  W h e r e  a  t r a d e m a r k  p e r t a i n i n g  t o  a n  a p p l i c a t i o n  f o r  t r a d e m a r k  r e g i s t r a t i o n  i s  
identical with, or similar to, an other person's trademark perta ining to an application for 
trademark registration filed pri or to the filing date of the sa id application, if the said trademark 
is used for goods or services identical with, or similar to, th e designated goods or designated 
services pertaining to such other person's trademark, the exami ner may notify the applicant for  
 
 
  
16 trademark registration of the f act that the said application fo r trademark registration will fall 
under Article 15(i) when the said other person's trademark is r egistered, and provide the 
applicant with an opportunity to submit a written opinion, desi gnating a reasonable time limit 
for such purpose. 
(2) Where the notification set f orth 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, t he examiner shall render a 
decision to the effect  that the trademark is  to be registered. 
 
(Dismissal of amendment) 
Article 16-2 (1) Where an amendment made to the designated good s or designated services, or to 
the trademark for which registra tion is sought as stated in the  application, is considered 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 sai d application fo r trademark r egistration before the expiration 
of a three month period from th e date of service of a transcrip t of the ruling. 
(4) Where an applicant for trad emark registration files a reque st for a trial under Article 45(1) 
against the ruling dismissing an amendment under paragraph (1),  the examiner shall suspend 
the examination of the application for trademark registration u ntil the trial decision becomes 
final and binding. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 17 The provisions of Articles 47(2) (Qualification of E xaminers), 48 (Exclusion of 
Examiners), 52 (Formal Requirements for Examination) and 54 (Re lationship with Litigation) 
of the Patent Act shall apply mu tatis mutandis to the examinati on of applications for trademark 
registration. In this case, the t erm "a trial decision" in Arti cle 54(1) of the Patent Act shall be 
deemed to be replaced with "a rul ing on an opposition to regist ration or a trial decision." 
 
(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 t o the case where an amendment 
is dismissed by a ruling pursuant to Article 16-2(1) of this Ac t. 
(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 applied mutatis  
 
 
  
17 mutandis to the preceding paragraph or Article 55-2(3) (includi ng its mutatis mutandis 
application under Articl e 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 un der Article 40(1) or the regis tration fee due and payable within 
thirty days from the date of ser vice of a transcript of an exam iner'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 
establishment 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 
(vi) other necessary matters in addition to those listed in the preceding items. 
(4) The Commissioner o f the Patent Office shall make applicatio n documents and their annexed 
articles available for public inspection at the Patent Office f or two months from the date of 
issuance of the trademark bulletin containing matters listed in  each item of the preceding 
paragraph (hereinafter 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 l ikely to damage the reputation or disturb the peaceful existence 
of an individual or to cause damage to public policy, and the C ommissioner of the Patent Office 
finds 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 peaceful existence 
of an individual and are other than those the Commissioner of t he Patent Office finds necessary 
to be kept confidential pursuant to the proviso set forth in th e preceding paragraph, the 
Commissioner of the Patent Office shall notify the person who s ubmitted the documents or the 
articles thereof and the reasons therefor. 
 
(Duration) 
Article 19 (1) The duration of a trademark right shall expire a fter ten years from the date of 
registration of 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 regi stration of renewal.  
 
 
  
18 (3) Where the renewal of the duration 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 Commi ssioner of the Patent Office an application statin g the 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 right 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 right may 
file the said application within the time limit as provided in Ordinance of the Ministry of 
Economy, Trade and Industry, even after the expiration of the s aid 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 r equest pursuant to the provisio n of the preceding paragraph, the 
trademark right shall be deemed to have been extinguished retro actively from the time of the 
expiration of its duration. 
 
(Restoration of trademark right) 
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 f or such application pursuant to 
Article 20(3), the original holder of the trademark right may f ile the said application only within 
the time limit as provided in Ordinance of the Ministry of Econ omy, 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 expiration 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 afte r the expiration of the time l imit for the filing of the 
application for registration of renewal provided in Article 20( 3) and before the registration of 
renewal of the duration of the trademark right by the applicati on 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.  
 
 
  
19  
(Registration of re newal of duration) 
Article 23 (1) Where the registration fee under Article 40(2) o r the registration fee due and payable 
at the time of filing of the application for registration of re newal pursuant to the provision of 
Article 41-2(7) is paid, the ren ewal of the dura tion of the tra demark right shall be registered. 
(2) Notwithstanding the preceding paragraph, where an applicati on for registration of renewal is 
filed pursuant to Article 20(3) or 21(1), the renewal of the du ration of the trademark right shall 
be registered at the time of payment of the registration fee un der Article 40(2) and the 
registration surcharge under Article 43(1), or the registration  fee due and payable at the time of 
filing of the application for re gistration of renewal under Art icle 41-2(7) and the registration 
surcharge under Article 43(2).  
(3) Upon registration as set for th 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 be divided  for each of the designated goods 
or designated services. 
(2) Where a request for a trial i s filed under Article 46(3), t he division provided for in the 
preceding paragraph may be made ev en after the extinguishment o f the trademark right, 
provided that a trial, retrial o r court proceeding in connectio n with the case is pending. 
 
(Transfer of trademark right) 
Article 24-2 (1) Where there are two or more designated goods o r designated services, the 
trademark right may be divided i nto each of the designated good s or services in transferring 
such right. 
(2) A trademark right in connect ion with an application for tra demark registration which falls 
under Article 4(2) filed by the State, a local government, an a gency thereof, or a non-profit 
organization undertaking a busin ess 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 bus iness for public interest, may not 
be transferred unless the busin ess is transferred together with  such right. 
(4) A trademark right in connection with a regionally based col lective trademark may not be 
assigned. 
 
(Transfer of collective trademark right)  
 
 
  
20 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 the  case as provided in the following 
paragraph. 
(2) Where the right holder of a c ollective trademark desires to  transfer the collective trademark 
right, the said right holder shall submit an application for re gistration of transfer accompanied 
by a document stating thereof, and the documents provided in Ar ticle 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 o f transfer of a trademark righ t, the trademark right to a similar 
registered trademark to be used in connection with identical go ods or services, or the trademark 
right to an identical or similar registered trademark to be use d in connection with similar goods 
or services becomes owned by a di fferent holder of trademark ri ght, if the use of one of such 
registered trademarks for its designated goods or designated se rvices by its holder of trademark 
right, exclusive right to use or non-exclusive right to use is likely to damage business interests 
(limited to those pertaining to t he designated goods or designa ted services using the said other 
registered trademark) of the other holder of trademark right or  of exclusive right to use, the 
other holder of trademark right or of exclusive right to use ma y request the holder of trademark 
right, exclusive right to use or non-exclusive right to use to affix an indication that may 
sufficiently prevent any confusion between the goods or service s 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 registered 
trademark in connection with t he designated goods or designated  services; provided, however, 
that where an exclusive right to use the trademark is establish ed in connection with the 
trademark right, this provision shall not apply to the extent t hat the holder of exclusive right to 
use has an exclusive  right to use the re gistered trademark. 
 
(Limitations of effects of trademark right) 
Article 26 (1) A trademark right shall have no effect on any of  the following trademarks (including 
those which constitute par t 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; 
(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;  
 
 
  
21 (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 para graph shall not apply where, after the registration of 
establishment of the trademark ri ght, one's own portrait, name,  famous pseudonym, 
professional name, pen name or f amous abbreviation thereof is u sed for the purpose of unfair 
competition. 
(3) A trademark right shall have no effect against any of the f ollowing acts; provided, however, that 
this shall apply only if such act is not performed for the purp ose of unfair competition: 
 (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 a nd Foodstuffs (Act No. 84 of 
2014; hereinafter referred to as the "Specific Agricultural, Fo restry and Fishery Product Name 
Protection Act") (hereinafter ref erred to as a "geographical in dication" in the following item and 
item (iii)) to goods or packages of goods pursuant to the provi sions of Article 3(1) of the said Act 
(including cases where applied muta tis mutandis pursuant to Art icle 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 pu rpose of assignment  or delivery, import or export goods or 
packages of goods to which a geographical indication has been a ffixed pursuant to the provisions 
of Article 3(1) of the Specific Agricultural, Forestry and Fish ery Product Name Protection Act; 
or 
 (iii) to display an invoice of goods with a geographical indic ation affixed thereto pursuant to the 
provisions of Article 3(1) of the Specific Agricultural, Forest r y  a n d  F i s h e r y  P r o d u c t  N a m e  
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.  
 
 
  
22 (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 have the m make an advisory opinion. 
(3) Articles 71(3) and 71(4) of t he 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 designate 
three administrative judges and have them provide such expert o pinion. 
(2) Articles 71-2(2) of the Paten t 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 with another person's right to a patent, utility 
model or design for which an app lication has been filed prior t o the filing date of an application 
of the said registered trademark or upon another person's copyr ight or neighboring right arising 
prior to the filing date of the same, the holder of trademark r ight, exclusive right to use or non-
exclusive right to use may not u se the registered trademark in the same manner on the 
conflicting part of the designate d goods or designated services . 
 
(Exclusive right to use) 
Article 30 (1) The holder of tra demark right may establish an e xclusive right to use to the 
trademark to which he/she holds the right; provided, however, t hat this provision shall not apply 
to the trademark right pertaining to an application for tradema rk registration provided in Article 
4(2) or a regionally based  collective trademark. 
(2) The holder of exclusive righ t 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 provided by the 
agreement under which such right is granted. 
(3) The exclusive right to use ma y be transferred only where th e consent of the holder of trademark 
right is obtained or where the t ransfer falls under general suc cession 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 shall apply mutatis  mutandis to an exclusive right to 
use. 
 
(Non-exclusive right to use)  
 
 
  
23 Article 31 (1) The holder of trad emark 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 trademark 
for the designated goods or desi gnated services to the extent p rovided by the agreement under 
which such right is granted. 
(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 exclusiv e right to use in the case of a 
non-exclusive right to use granted in connection with an exclus ive right to use) is obtained or 
where the transfer falls under general succession including inh eritance. 
(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 trademark right or the exclusive right to use, or 
the exclusive righ t to use on the trademark right. 
(5) The transfer, modification, e xtinguishment or restriction o n disposition of a non-exclusive 
right to use shall have no effect  on any third party unless reg istered. 
(6) Articles 73(1) (joint owner ship), 94(2) (establishment of r ight of pledge) and 97(3) (waiver) 
of the Patent Act shall apply mu tatis mutandis t o a non-exclusi ve 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 (herei nafter referred to as "collecti ve members") or members of an 
association, etc. holdin g a trademark right to a regionally bas ed collective trademark 
(hereinafter referred to as "reg ional collective members") shal l have the right to use a registered 
trademark relating to collective trademark or regionally based collective trademark for the 
designated goods or designated ser vices as provided by the said  juridical person or association, 
etc.; provided, however, that i n the case and only to the exten t that an exclusive right to use the 
registered trademark (limited to the trademark right pertaining  to a collective trademark) has 
been established. 
(2) The right provided  for in the main cla use of the preceding paragraph may not be transferred. 
(3) For the purpose of application of Articles 24-4, 29, 50, 52 -2, 53 and 73, collective members 
or regional collective members sh all 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 tradem arks and regionally based coll ective trademarks, "or a person 
who has the non-exclusive right t o use which is effective regar ding the trademark right or the 
exclusive right to use under Article 31(4) of this Act. " in th e said item shall r ead, "or a person 
who has the non-exclusive right t o use which is effective regar ding the trademark right or the 
exclusive right to use under Article 31(4) of this Act, or coll ective members or regional 
collective members who have the r ight to use the said trademark ." 
 
(Right to use trademark arising from prior use)  
 
 
  
24 Article 32 (1) Where a trademark identical with, or similar to,  t h e  t r a d e m a r k  f o r  w h i c h  t h e  
application is filed by another person has been used in Japan i n connection with the designated 
goods or designated services of the trademark for which the app lication is filed, or in connection 
with goods or services similar th ereto, without any intention t o be engaged in unfair 
competition, from the time prior to the filing of such other pe rson's application for the said 
trademark registration, and as a result, at the time of filing of the application for trademark 
registration (at the time of filing of the original application  for trademark registration or the 
submission of a written amendmen t, if the application for trade mark registration is deemed to 
have been filed at the time of s ubmission of a written amendmen t under Article 9-4 of this Act 
or Article 17-3(1) of the Design Act as applied mutatis mutandi s under Article 17-2(1) or 55-
2 ( 3 )  o f  t h i s  A c t  ( i n c l u d i n g  i t s  m utatis mutandis application un der Article 60-2(2))), such 
trademark has become well known among consumers as that indicat ing goods or services 
pertaining to the business of the  person, the person shall have  the right to use the trademark in 
connection with such goods or services as far as the said perso n continuously uses the trademark 
for the goods or services. The sam e shall apply to those by who m 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 purs uant to the preceding paragraph to affix an indication that may 
sufficiently prevent any confusion between the goods or service s pertaining 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 c ollective trademark for which an applic ation for registration is filed by 
another person in connection with  the designated goods or desig nated services for which the 
application for trademark regist ration is filed, or in connecti on with goods or services similar 
thereto, without any intention to be engaged in unfair competit ion, prior to the filing of such 
other person's application for trademark registration of the sa id regionally based collective 
trademark, 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 in co nnection with such goods or 
services. The same shall apply to  those by whom such business i s succeeded. 
(2) The holder of trademark right  may request the person who ha s the right to use the trademark 
pursuant to the preceding paragr aph to affix an indication that  may sufficiently prevent any 
confusion between the goods or services pertaining to the busin ess 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 the 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 usin g in Japan a registered trademark 
or a trademark similar thereto in  connection with the designate d goods or designated services 
or goods or services similar ther eto without the knowledge that  the said trademark registration 
falls under any of the items of the said paragraph, and the sai d trademark has become well  
 
 
  
25 known among consumers as that i ndicating goods or services pert aining to its business, the 
person shall have the right to u se the trademark in connection with such goods or services as 
far as the said person continuou sly uses the trademark for such  goods or services; the same 
shall apply to tho se 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. 
(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 us e the trademark pursuant to 
the preceding paragraph. 
(3) Article 32(2) shall apply mutatis 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 registr ation conflicts with the trademark 
right of the application for tr ademark registration, upon expir ation of the duration of the said 
patent right, the original patent right holder shall have the r ight to use the registered trademark 
or a trademark similar thereto in  connection with the designate d goods or designated services 
specified in the application, o r goods or services similar ther eto, 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 mutatis mutandis to the preceding  paragraph. 
(3) The preceding two paragraphs s hall apply mutatis mutandis, where a utility model or design 
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 trade mark right of the application for 
trademark registration, 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 registr ation conflicts with the trademark 
right of the application for trademark registration, upon expir ation of the duration of the said 
patent right, the person who, at the time of expiration of the duration of the patent right, has the  
 
 
  
26 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 license 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 g oods or designated services spe cified in the application for 
trademark registration, or goods or services similar thereto; p rovided, however, that such 
trademark is not used for the p urpose of unfair competition. 
(2) Articles 32(2) and 33(2) shall apply mutatis mutandis to th e preceding paragraph. 
(3) The preceding two paragraphs s hall 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 trade mark right of the application for 
trademark registration, upon expiration of the duration of such  utility model right 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 ot herwise provided for by contra ct, the pledgee may not use the 
registered trademark in connect ion with the designated goods or  designated services. 
(2) The establishment, transfer, modification, extinguishment 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. 
(4) Article 99(3) (effects of reg istration) of the Patent Act s hall apply mutatis mutandis to pledges 
on a non-exclusive right to use. 
 
(Mutatis mutandis applicat ion of the Patent Act) 
Article 35 Article 73 (co-ownership), 76 (Lapse of patent right s in absence of heir), 97(1) 
(waiver), and 98(1)(i) and 98(2) (Effect of registration) of th e Patent Act shall apply mutatis 
mutandis to trademark rights. In this case, the term "transfer (excluding those by general 
succession including inheritance)" in Article 98(1)(i) of the P atent Act shall be deemed to be 
replaced with "division and transfer (excluding those by genera l 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 to use to stop 
or prevent such infringement.  
 
 
  
27 (2) In making such a demand unde r the preceding paragraph, the holder of trademark right or of 
exclusive right to use may deman d the person to take measures n ecessary for the prevention of 
such infringement, including the destruction of articles which constitute the act of infringement 
and the removal of equipment used for or contributing to the ac t of infringement. 
 
(Acts deemed to constitute infringement) 
Article 37 The following acts shall be deemed to constitute inf ringement of a trademark right 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; 
(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.)  
 
 
  
28 Article 38 (1) Where a holder o trademark right or of exclusive  right to use claims against an 
infringer compensation for damage  sustained as a result of the intentional or negligent 
infringement of the trademark right or the exclusive right to u se, and the infringer assigned the 
goods that constitute the act of infringement, the amount of da mage sustained by the holder of 
trademark right or of exclusive right to use may be presumed to  be the total of the amounts 
provided in each of th e following items. 
(i)the amount of profit per unit of goods which would have been  sold by the holder of trademark 
right or of exclusive right to u se if there had been no such ac t of infringement, multiplied by 
the portion not exceeding the quant ity (if there are circumstan ces due to which the holder of 
trademark right or of exclusive right to use wou ld have been un able to sell the quantity of goods 
equivalent to all or part of the portion, the quantity due to s uch circumstances (referred to as 
“specified quantity ” in the same item) shall be deduct ed) proportionate to the abil ity of the 
holder of trademark right or of exclusive right to use to work the goods (referred to as “usage 
equivalent quantity ” in the same item) within the quantity of goods assigned by the  infringer 
who has committed the infringement of the trademark right or of  the exclusive right to use 
(referred to in the next item as “assigned quantity ”) ; 
(ii) the amount equivalent to th e 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 quantity in 
the case where there is a quantit y that exceeds the usage quant ity within the assi gned quantity, 
or a specified quantity (except in the case where it is not rec ognized that the holder of trademark 
right or of exclusive right to use would have been able to esta blish the exclusive right to use or 
grant a non-exclusive right to use on the trademark right of th e holder of trademark right, or 
grant a non-exclusive right to u se on the exclusive right to us e of the holder of exclusive right 
to use) .) 
(2) Where the holder of trademar k right or of exclusive right t o use claims against an infringer 
compensation for damage sustained  as a result of the intentiona l or negligent infringement of 
the trademark right or the exclusive right to use, and the infr inger earned profits from the act 
of infringement, the amount of profits earned by the infringer shall be presumed to be the 
amount of damage sustained by the holder of trademark right or of exclusive right to use. 
(3) The holder of trad emark right or of exclusive right to use may claim against an infringer 
compensation for damage sustained  as a result of the intentiona l or negligent infringement of 
the trademark right or the exclu sive right to use, by regarding  the amount the holder of 
trademark right or of exclusive right to use would have been en titled to receive for the use of 
the registered trademark as th e amount of damage sustained. 
(4) When a court determines the amount 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, 
if the holder of trademark right or exclusive right to use agre es with the infringer on the premise 
that the trademark right or exclusive right to use have been in fringed as per the compensation 
of the use of the registered trademark relating to the trademar k right or the exclusive right to  
 
 
  
29 use, the compensation which the holder of trademark right or of  exclusive right to use is set to 
obtain may be taken into consideration. 
(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 intentiona l or negligent infringement of 
the trademark right or the exclus ive right to use, and the infr ingement has been committed by 
using a registered trademark (in cluding a trademark deemed iden tical from a common sense 
perspective with the registered trademark, including a trademar k consisting of characters 
identical with the registered trad emark but in different fonts,  a trademark that is written in 
different characters, Hiragana characters, Katakana characters,  or Latin alphabetic characters, 
from the registered trademark but identical with he registered trademark in terms of 
pronunciation and concept, and a trademark consisting of figure s that are considered identical 
in terms of appearance with those of the registered 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 righ t to use may be presumed to be 
the amount equivalent to the expe nses normally required for the  acquisition and maintenance 
of the trademark right. 
(6) Paragraph (3) and the precedin g paragraph shall not prevent  any relevant party from claiming 
compensation for damage in an a mount exceeding th e amount provi ded therein. In this case, 
where the infringer committed the  infringement of the trademark  right or the exclusive right to 
use without intent or gross negl igence, the court may take thes e circumstances into 
consideration in determining the amount of damages to be awarde d. 
 
(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 o f the trademark right or the 
exclusive right to use or to a claim for payment of money as pr ovided in Article 13-2(1) 
(including cases where it is app lied mutatis mutandis in Articl e 68(1)) has become final and 
binding, a person who was a party of the said litigation may no t claim that the said trial 
decisions or rulings have become final and binding in the appea l for retrial against the said final 
judgment (including appeals for the purpose of the claim of the  compensation for damages 
against an obligee of a case of provisional seizure order in wh ich the said litigation is the case 
and appeals for the purpose of t he claim of the compensation fo r damages and the return for 
unjust enrichment against an o bligee 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) 
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 to 105-6  
 
 
  
30 (Production of documents, etc.; Expert opinion for calculation of damages; Determination of 
reasonable damages; Protective order; Rescission of protective order and Notice, etc. of a 
request inspection of record, e tc.) and 106 (Measures to restor e credibility) of the Patent Act 
shall apply mutatis 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 obtainin g the registration of establish ment of a trademark right shall pay 
as a registration fee for each tra demark registration the amoun t of 28,200 yen multiplied by the 
number of classes (referring to classes of goods and services p rovided 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 trademark registration  t h e  a m o u n t  o f  3 8 , 8 0 0  y e n  
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 j ointly owned by the State and a  person or persons other than the 
State, and the portion of their respective shares of the said t rademark right has been agreed, 
notwithstanding paragraphs (1) and (2), the registration fee pr ovided for in the said paragraphs 
shall be the amount of the registration fee provided in the sai d paragraphs multiplied by the 
total ratio of the share of each p erson other than the State, w hich 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, Tra de and Industry; provided, 
however, that the payment may be  made in cash if permitted unde r the Ordinance of the 
Ministry of Economy, 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 appeal/trial de cision to the effect 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 the pre ceding paragraph by a maximum 
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 paragraph is  
 
 
  
31 extended, the extended time limit), the said person may, in acc ordance with Ordinance of the 
Ministry of Economy, Trade and Industry, pay the said registrat ion fee only within the time 
limit as provided in Ordinance of the Ministry of Economy, Trad e 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 a registration fee, the 
person is unable to pay the registration fee within the time li mit for payment of the registration 
fee provided in the preceding para graph, the said person may, n otwithstanding the provisions 
of the said paragraph, pay the registration fee within 14 days (two months for resident abroad) 
from the date on which the reasons for not paying ceased to be applicable, but not later than six 
months after the expiration of the said time limit. 
(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) Notwithstanding Article 40(1), a person obtain ing a registration of establishment 
of a trademark right may pay the prescribed registration fee by  installments. In this case, 16,400 
yen multiplied by the number of classes shall be paid for each trademark registration within 30 
days from the service of a transcript of an examiner's decision  or appeal/trial decision to the 
effect that a trademark is to be registered, and an additional 16,400 yen multiplied by the 
number of classes sh all be paid for each trademark registration  no later than five years prior to 
the expiration of the durati on of the 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 a ppeal/trial decision to the effect 
that a trademark is to be regist ered has been made under the pr eceding paragraph (hereinafter, 
referred to as "an earlier-insta llation 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 required to pay the fee (where the time 
limit under the preceding paragra ph is extended, within the ext ended time limit), the said person 
may, in accordance with Ordinance  of the Ministry of Economy, T rade and Industry, pay the 
earlier-installment registration fee only within the time limit  as provided in Ordinance of the 
Ministry of Economy, Trade and Industry, even after the expirat ion of the time limit. 
(4) Where, due to reasons beyond the control of a person requir ed to pay an earlier-installment 
registration fee, the person is unable to pay the earlier-insta llment registration fee within the 
time limit for payment of the fee as provided in the preceding paragraph, the said person may, 
notwithstanding the provision of the said paragraph, pay the re gistration fee within 14 days 
(two months for a resident abroad) from the date on which the r easons for not paying the fee 
ceased to be applicable, but not later than six months after th e expiration 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) (hereinafter referred  
 
 
  
32 to as "a later-installment registration fee") is unable to pay the later-installment registration fee 
within 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 limit, but not later than 6 months following the expiration of the said time limit. 
(6) Where the later-installment r egistration fee and the regist ration surcharge under Article 43 (3) 
have not been paid within the time limit for late payment of th e later-installment registration 
fee under the preceding paragra ph, the trademark right shall be  deemed to have been 
extinguished retroactively upon th e day which is five years pri or to the expiration of the 
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 registrati on fee by installments. In this 
case, the said applicant shall pay 22,600 yen multiplied by the  number of classes for each 
trademark registration at the ti me of filing of the request for  the registration of renewal, and an 
additional 22,600 yen multiplie d by the number of classes for e ach trademark registration no 
later than five years prior to the expiration of the duration o f the trademark right. 
(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 
duration of the trademark right under the preceding paragraph, is 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.)  
 
 
  
33 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 p erson may make payment of the registration fee (excluding the 
registration fee due and payable at the time of filing of a req uest for renewal of registration) 
even against the intention of the person by whom the said fee i s to be paid.  
(2) An interested person who makes payment of the registration fee in accordance with the 
preceding paragraph may demand payment to reimburse the expense  thereof from the person 
by whom the said fee was to have been paid, to the extent that the said person receives actual 
benefits therefrom. 
 
(Refund of registration fee already paid) 
Article 42 (1) Only the followi ng registration 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 registrati on 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 registration 
fees provided for in item (i) of the preceding paragraph and si x months from the day on which 
a rescission decision under Artic le 43-3(2) or an appeal/trial decision becomes final and binding 
in the case of registration fees provided for in item (ii) of t he 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 tim e limit as provided in paragraph (1), 
the said person may, notwithstanding the said paragraph, file t he 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 expiration of the said time limit. 
  
 
 
  
34 (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 ap plicable, a person filing a requ est provided in the preceding 
paragraph shall pay, in addition  to the registration fee due an d payable at the time of filing of 
the request for registration of renewal under Article 41-2(7), a surcharge in an amount 
equivalent to the registration fee. 
(3) Where Article 41-2(5) (inc luding 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 of the trademark right under paragraph (1) or ( 7) of the same Article, a surcharge 
in an amount equivalent to the registration 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; provided, however, 
that the payment may be made i n cash, if permitte d by Ordinance  of the Ministry of Economy, 
Trade and Industry. 
 
CHAPTER IV-2 OPPOSITION TO REGISTRATION 
 (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 publication of the bulletin containing the 
trademark, on the grounds that the trademark registration falls  under any of the following items; 
in this case, an opposition to registration may be filed for ea ch of designated goods or 
designated services if the relevan t trademark has been register ed 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 jud ges find the trademark registra tion pertaining to an opposition to 
registration falls under any of the items of Article 43-2, the administrative judges shall render  
 
 
  
35 a decision to the effect that th e 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 jud ges 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 t hat the trademark registration  is to be maintained. 
(5) The decision under the preced ing paragraph shall not be sub ject to appeal. 
 
(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 matters: 
(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, t his provision shall not apply to 
any amendment with respect to th e 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 term 
provided in Article 43-2. 
(3) The Commissioner of the Pa tent Office may, upon request or ex officio, extend the period 
provided in the preceding paragrap h for a person in a remote ar ea or an area with transportation 
difficulties. 
(4) The chief administ rative judge shall transmit a copy of the  written opposition to the holder of 
trademark right. 
(5) Article 46(4) sh all apply mutatis 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 p anel under Article 43-3(1) and 
the administrative judg es constituting thereof. 
 
 (Trial Clerk) 
Article 43-5 (2) The Commission er of the Patent Office shall de signate a trial clerk for each 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 mu tandis to the trial clerk provided 
for in the preced ing paragraph.  
 
 
  
36  
(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 petiti on is filed by the holder of 
trademark right, the opponent, an intervenor or ex officio, the  chief administrative judge may 
decide to conduct the 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 examination provided 
for in the proviso to th e 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 a n opposition to registration, the 
said suspension or term ination shall have effect on all such jo int holders 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 pe rson who has an interest in the 
trademark right may intervene in the examination in order to as sist the holder of trademark 
right until the decisi on on the opposition to registration is r endered. 
(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 mu tatis mutandis to the interveno r provided for in the preceding 
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 examinati on and preservation of evidence 
in the examination 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, t he opponent or the intervenor m ay be examined. 
(2) In an examination of an opposition to registration, no exam ination shall be conducted on any 
designated goods or designated services for which the oppositio n 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 examin ations thereof shall be conducted 
jointly. 
(2) An examination conducted jo intly in accordance with the pre ceding paragraph may later be 
divided. 
  
 
 
  
37 (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 mu tandis 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 intervenor of the 
reasons for rescission of the trad emark registration and give t he said parties an opportunity to 
submit a written opinion, designa ting 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 th e holder of trademark right, th e opponent, the intervenor and 
persons whose request for intervention in the examination on th e opposition to registration has 
been refused. 
 
(Scope of final and binding decision) 
Article 43-14 A decision with regard to an opposition to regist ration shall become final and 
binding for each case of oppositi on to registration; provided, however, that the decision with 
regard to an opposition to registration filed against the desig nated goods or designated services 
shall become final and binding  for each designat ed goods or ser vices. 
 
(Mutatis mutandis application of pr ovisions concerning appeal/trial) 
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 Art icle 56(1) of this Act shall 
apply mutatis mutandis to an examination and a decision on an o pposition 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 mu tandis under the  preceding para graph. 
 
CHAPTER 5 TRIALS AND APPEALS   
 
 
  
38  
(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 dissatis fied may file a request for app eal against the examiner's decision 
of refusal within three months f rom 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 reque st within the time limit as 
provided in the preceding paragra ph, the said pers on may, notwi thstanding 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. 
 
(Appeal against examiner's decision of dismissal of amendment) 
Article 45 (1) Any person who h as received a decision of dismis sal of amendments under Article 
16-2(1) and is dissatisfied may  file a request for appeal again st the decision within three months 
from the date the transcript of  the decision has been served; p rovided, however, that this 
provision shall not apply where a new application for trademark  registration provided in Article 
17-3(1) of the Design Act as app lied mutatis mutandis pursuant to Article 17-2(1) of this Act 
is filed. 
(2) Article 44(2) shall apply mu tatis 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 tradem ark registration may be filed; in this case, where the trademark 
has been registered in connection with two or more designated g oods or designated services, a 
request may be filed for each of the designated goods or design ated 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; 
(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;  
 
 
  
39 (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 i nterested person. 
 (3) A request for a trial under paragraph (1) may be filed eve n after the extinguishment of the 
trademark right. 
 
A r t i c l e  4 6 - 2  ( 1 )  W h e r e  a  t r i a l  d e c i s i o n  t o  t h e  e f f e c t  t h a t  t h e  trademark registration is to be 
invalidated becomes final and bi nding, the trademark right shal l  b e  d e e m e d  n e v e r  t o  h a v e  
existed; provided, however, that where the trademark registrati on falls under any of items (v) 
t o  ( v i i )  o f  p a r a g r a p h  ( 1 )  o f  A r t i c l e  4 6 ,  a n d  a  t r i a l  d e c i s i o n  t o the effect that the trademark 
registration is to be invalidated becomes final and binding, th e 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 trad emark 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 tradem ark registration cannot be 
specified, the trademar k right shall be deemed not to have exis ted from the date of registration 
of the request for invalidation trial of the said trademark reg istration. 
 
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 re gistration has been made in 
violation of Article 4(1)(x) or  4(1)(xvii) (excluding the case where a trademark has been 
registered for the purpose of unfair competition), where a trad emark has been registered in 
violation of item (xv) of the said paragraph (excluding the cas e where a trademark has been 
registered for unfair purposes), o r where a trademark registrat ion falls under Ar ticle 46(1)(iv), 
a request for a trial relating to the trademark registration un der Article 46(1) may not be filed 
after a lapse of five years from the date of registration of th e 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, among 
consumers as that indicating go ods or services in connection wi th the business of the applicant 
for the trademark registration or its members) and five years h ave lapsed from the date of 
registration of the establishmen t of the trademark right, and f urther the registered trademark is 
well known among consumers as that indicating goods and service s in connection with the 
business of the holder of tradema rk right or its members, a req uest for a trial pertaining to the 
trademark registration under Article 46(1) may not be filed.  
 
 
  
40  
Article 48 and Article 49 Deleted 
 
 (Trial for rescission of trademark registration) 
Article 50 (1) Where a registered  trademark  has not been used in Japan in connection with any 
of the designated goods and desi gnated services for three conse cutive years or longer by the 
holder of trademark right, the e xclusive right to use or non-ex clusive right to use, any person 
may file a request for a trial for rescission of such trademark  registration in connection with the 
relevant designated goods  or designated services. 
 (2) Where a request for a trial under the preceding paragraph is filed, unless the demandee proves 
that any of the holder of trademark right, exclusive right to u se or non-exclusive right to use 
has used the registered trademar k in Japan in co nnection with a ny of the designated goods or 
designated services pertaining to t he request within three year s prior to the registration of the 
r e q u e s t  f o r  t h e  t r i a l ,  t h e  h o l d e r  o f  t r a d e m a r k  r i g h t  m a y  n o t  p r event the rescission of the 
trademark registration in connect ion with the relevant designat ed goods or designated services; 
provided, however, that this sha ll not apply where the demandee  shows just causes for non-use 
of the registered trademark in c onnection with the relevant des ignated goods or designated 
services.  
(3) Where the registered tradema rk in connection with the desig nated goods or designated services 
pertaining to the request under  paragraph (1) has been used in Japan by any of the holders of 
trademark right, exclusive right to use or non-exclusive right to use, during the period from 
three months prior to the filing of the request for a trial und er paragraph (1) to the date of the 
registration of the filing of th e request, and where the demand ant proves that the registered 
trademark has been used after t he user became aware of the fact  that the said request for a trial 
would be filed, the use of the r egistered tradem ark shall not f all under the use of the registered 
trademark provided in paragraph (1); provided, however, that th is shall not apply to the case 
where the demandee shows just causes for the use of the registe red trademark. 
 
Article 51 (1) Where a holder of trademark right intentionally uses, either a trademark similar to 
a registered trademark in connection with the designated goods or designated services, or a 
registered trademark in connect ion with goods or services simil ar to the designated goods or 
designated services or a trademark similar thereto, in a manner  that misleads as to the quality 
of the goods or services or causes confusion in connection with  the goods or services pertaining 
to a business of another person, a ny person may file a request for a trial for rescission of the 
trademark registration. 
(2) The previous holder of trademark right may not be granted a  registration of the same trademark 
or of a trademark similar theret o in connection with the design ated goods or designated services 
for which the trademark regist ration has been rescinded, or in connection with goods or services 
similar thereto, until after a l apse of five years from the dat e the trial decision to the effect that  
 
 
  
41 the trademark registration is to be rescinded under the precedi ng 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 the manner 
provided in the said paragraph. 
 
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 id entical or similar registered 
trademark to be used in connectio n with similar goods or servic es becomes owned by a different 
holder of trademark right as a r esult of transfer of the tradem ark right, if the holder of trademark 
right of one of the registered t rademarks uses, for the purpose  of unfair competition, the 
registered trademark for its d esignated goods or designated ser vices in a manner that causes 
confusion in connection with t he goods or services pertaining t o the business of the holder of 
trademark right, exclusive right to use or non-exclusive right t o  us e  of  t he  ot he r  r e gi s t e r e d 
trademark, any person may file a request for a trial for rescis sion of the trademark registration. 
(2) Articles 51(2) and 52 shall a pply 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 connect ion with the designated goods or  designated services or in 
connection with goods or services similar thereto, or a tradema rk similar thereto, in a manner 
that misleads as to the quality of the goods or services or cau ses confusion in connection with 
the goods or services pertaining  to the business of another per son, any person may file a request 
for a trial for rescission of the trademark registration; provi ded, however, that this shall not 
apply to the case where the holder  of trademark right was not a ware of the 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 mann er provided in the preceding pa ragraph may not be granted a 
registration of the same trademark or of a trademark similar th ereto in connection with the 
designated goods or designated ser vices for which the trademark  registration has been 
rescinded, or in connection with  goods or services similar ther eto, until after the lapse of five 
years from the date the trial d ecision to the effect that the t rademark registration is to be 
rescinded under the preceding para graph becomes final and bindi ng. 
(3) Article 52 shall ap ply 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 t o a trademark right) held by a person in a country of the Union 
to the Paris Convention, a member of the World Trade Organizati on or a Contracting Party to 
the Trademark Law Treaty or a tra d e m a r k  s i m i l a r  t h e r e t o ,  a n d  t h e designated goods or 
designated services thereof are goods or services pertaining to  the said right or goods or services 
similar thereto, and further, th e application for trademark reg istration was filed without the 
approval of the person who has the right pertaining to the trad emark, without a just cause, by  
 
 
  
42 his/her agent or representative o r by his/her former agent or r epresentative within one year prior 
to the filing date of the trademark registration, the person wh o has the right pertaining to the 
trademark may file a request for a trial for resci ssion of the t rademark registration. 
 
Article 53-3 A request fora tria l under Article 53-2 may not be  filed after the lapse of five years 
from the date on which the estab lishment of the trademark right  has been registered. 
 
Article 54 (1) Where a trial deci sion to the effect that the tr ademark registration is to be rescinded 
becomes final and binding, the trademark right shall become ext inguished thereafter. 
(2) Notwithstanding the preceding paragraph, where a trial deci sion to the effect that the 
trademark registration is to be  rescinded becomes final and bin ding by a trial under Article 
50(1), the trademark right shall be deemed to have become extin guished on the date of 
registration of the request for a trial under the said paragrap h. 
 Article 55 The provision of Article 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 of Articles 15-2 and 15-3 shall  apply mutatis mutandis to the case 
where reasons for refusal that ar e different from those contain ed in the examiner 's decision are 
found in the appeal under Article 44(1). 
 (2) The provision of Article 16 shall apply mutatis mutandis w here a request for appeal/trial 
under Article 44(1) is found to have reasonable grounds; provid ed, however, that this provision 
shall not apply where appeal/tri al decision to the effect that a further examination is to be 
carried out under Article 160(1) of the Patent Act as applied m utatis 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 apply 
mutatis mutandis to appeal/trial under Article 44(1) of this Ac t. In this case, the term "three 
months" in Article 16-2(3) of this Act and Article 17-3(1) of t he Design Act shall be deemed 
to be replaced with "thirty days" and the term "files a request  for appeal/trial under Article 
45(1)" in Article 16-2(4) shall be deemed to be replaced with " institutes an action under Article 
63(1)." 
 
(Scope of final and binding appeal/trial decision) 
Article 55-3 appeal/trial decisi o n  s h a l l  b e c o m e  f i n a l  a n d  b i n d i ng for each appeal/trial case; 
provided, however, that the app eal/trial decision of a request for appeal/trial under Article 46(1) 
of this Act filed for each design ated goods or designated servi ces shall become fin al and binding 
for each designated goods o r designated services. 
 
(Mutatis mutandis applicat ion of the Patent Act)  
 
 
  
43 Article 56 (1) The provisions of Articles 131(1), 131-2(1)(excl uding 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 de cision, request for appeal/trial, 
administrative judge, appeal/tri al procedures in relation to li tigation, 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 prec eding 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 Article131-2(1) of the 
Patent Act shall be deemed to be  replaced with "g round for the request as provided in Article 
131(1)(iii) of the Patent Act as applied mutatis mutandis pursu ant to Article 56(1) of this Act 
in the course of filing a request for appeal/trial other than a ppeal/trial under Article 46(1) of 
the Trademark Act" , the term "invalidation trial or invalidati on trial of the registration of 
extension of duration" in Articles 132(1) and 167 of the Patent  Act and the term "invalidation 
trial and an invalidation trial of the registration of extensio n of duration" in Articles 145(1) and 
169(1) of the Patent Act shall be deemed to be replaced with "a ppeal/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 
invalidation trial, notify" in Article 156(1) of the Patent Act  shall be deemed to be replaced 
with "notify" , the term "appeal  against the examiner's decisio n of refusal" in Article 161 of the 
Patent Act and " appeal against an examiner's decision of refus al and correction trial" in Article 
169(3) of the Patent Act shall be deemed to be replaced with "a ppeal/trial under Article 44(1) 
or 45(1) of the Trademark Act". 
(2) The provisions of Article 155(3) (Withdrawal of request for  trial) of the Patent Act shall 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 deci sion or a final and binding appeal/trial  decision. 
(2) The provisions of Articles 338(1), 338(2) and 339 (grounds for retrial) of the Code of Civil 
Procedure (Act No. 109 of 1996) shall apply mutatis mutandis to  a request for appeal/trial under 
the preceding paragraph. 
 
Article 58 (1) Where the demandan t of appeal/trial 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  
 
 
  
44 party, the third party may file a request for a retrial against  the final and binding appeal/trial 
decision. 
(2) A request for a ret rial under the preced ing 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 ri ght pertaining to a rescinded or  invalidated trademark registration 
has been restored by a retrial, t he trademark right shall have no effect on any of 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 estab lishment of a trademark right with 
respect to an application for trad emark registration refused by  appeal/trial decision has been 
registered through a retrial, an d where a person, after the res cission decision or appeal/trial 
decision becomes final and binding but before the registration of a request for a retrial, uses the 
registered trademark or a trademark similar thereto in Japan in  good faith in connection with 
the designated goods or design ated services or in connection wi th goods or services similar 
thereto, and as a result, such tr ademark has become well known among consumers as that 
indicating goods or services pertai ning to the business of the person at the time of registration 
of the filing of a request for a retrial, the person shall have  the right to use the trademark in 
connection with such goods or services as far as the said perso n continuously uses the trademark 
for such goods or services. The same shall apply to those by wh om such 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 Act, 
Article 131(1), the main clause of Article 131-2(1), 132(3), 15 4, 155(1) and 156(1), 156(3), 
156(4) of the Patent Act as applie d mutatis mutandis pursuant t o Article 56(1) of this Act, and 
Article 155(3) of the Patent Act as applied mutatis mutandis pu rsuant to Articles 56(2) of this 
Act shall apply mutatis mutandis  to a retrial against a final a nd binding rescission decision. 
(2) The provision of Article 55-2 shall apply mutatis mutandis t o a re trial aga inst  a fi nal  and 
binding appeal/trial d ecision on appeal/tri al under Article 44( 1). 
(3) The provisions of Articles 55-3 and 56-2 shall apply mutati s mutandis to a retrial against a 
final and binding appeal/trial d ecision on appeal/trial under A rticle 45(1).  
 
 
  
45 (4) The provision of Article 55-3 shall apply mutatis mutandis t o a re trial aga inst  a fi nal  and 
binding appeal/trial  decision on appeal/trial under Article 46( 1), Article 50(1), Article 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 Article 173 (Time limit for reques t for retrial) and Articles 174(3) 
and 174(5) (Application mutatis mutandis of provisions regardin g appeal/trial, etc.) of the 
Patent Act shall apply mutatis m utandis to a request for a retr ial. In this case, the term "Article 
167 to 168" in paragraph (3) of the said Article shall be deeme d to be replaced with "Article 
167, 168", the term "invalidation trial or invalidation trial o f the registration of extension of the 
duration" in Article 174(2) of the Patent Act shall be deemed t o 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 against a 
final and binding appeal/trial d ecision on appeal/trial under A rticle 44(1) of this Act. In this 
case, the term "the main clause of Article 167-2, 168" in Artic le 58(2) of the Design Act shall 
be deemed to be replaced  with "Article 168." 
(2) The provision of Article 58(3) of the Design Act shall appl y mutatis mutandis to a retrial 
against a final and binding ap peal/trial decision on appeal/tri al under Article 45(1) of this 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 rep laced with "Article 168." 
 
(Actions against appeal/trial decisions, etc.) 
Article 63 (1) The Tokyo High Court shall have exclusive jurisd iction over any action against a 
rescission decision or appeal/trial decision, an action against  a ruling to dismiss an amendment 
under Article 16-2(1) as applied mutatis mutandis pursuant to A rticle 55-2(3) (including cases 
where it is applied mutatis muta ndis pursuant to Article 60-2(2 )) and an action against a ruling 
to dismiss a written opposition or a written request for appeal /trial or retrial. 
(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 instituti on of action, opinion of the 
Commissioner of the Patent Office in litigation rescinding the appeal/trial decision, rescission 
of the appeal/trial decision or ruling and delivery of original  copy, etc. of judgment) of the 
Patent Act shall apply mutatis mutandis to the actions under th e preceding paragraph. In this 
case, the term "invalidation tria l or invalidatio n trial of the  registration of extension of the 
during" in Article 179 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 Trad emark Act." 
 
(Relationship between objection and litigation)  
 
 
  
46 Article 63-2 The provision of Article 184-2 (Relationship betwe en (administrative) objection and 
litigation) of the Patent Act shall apply mutatis mutandis to a n action demanding the rescission 
of measures (excluding measures provided in Article 77(7)) impo sed by this Act or an order 
thereunder. 
 
CHAPTER 7 DEFENSIVE MARK 
 
(Requirements for defensive mark registration) 
Article 64 (1) Where a registered  trademark pertaining to goods  is well known among consumers 
as that indicating the designated goods in connection with the business of a holder of trademark 
right, the holder of trademark right may, where the use by anot her person of the registered 
trademark in connection with goods other than the designated go ods pertaining to the registered 
trademark or goods similar thereto or in connection with servic es other than those similar to 
the designated goods is likely to  c a u s e  c o n f u s i o n  b e t w e e n  t h e  s aid other person's goods or 
services and the designated goods  pertaining to his/her own bus iness, obtain a defensive mark 
registration for the mark identical with the registered tradema rk in connection with the goods 
or services for which the like lihood of conf usion exists. 
(2) Where a registered trademark  pertaining to services is well  known among consumers as that 
indicating the designated servi ces in connection with the busin ess of a holder of trademark 
right, the holder of trademark right may, where the use by anot her person of the registered 
trademark in connection with ser vices other than the designated  services pertaining to the 
registered trademark or services similar thereto or in connecti on with goods other than those 
similar to the designated services is likely to 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 identical with the reg istered trademark in connection 
with the services or goods for whi ch the likelihood of confusio n 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 t o a regionally based 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 registratio n. 
(2) The conversion of an application under the preceding paragr aph may not be made after the 
examiner's decision or the appea l/trial decision on the applica tion for trademark registration 
becomes final and binding. 
(3) The provisions of Articles 10(2), 10(3) and 11(5) shall app ly mutatis mutandis to the 
conversion of an application under paragraph (1). 
  
 
 
  
47 (Duration of right based on defensive mark registration) 
Article 65-2 (1) The duration of  a right based on defensive mar k registration shall expire after ten 
years from the date of registrati on of the establishment of suc h 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, tha t this shall not apply to the case 
where the registered defensive m ark 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 registrat ion shall submit to the Commis sioner of the Patent Office an 
application stating th e 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 based on d efensive mark registration to the 
date of expiration thereof. 
(3) Where a person filing an application for registration of re newal of the duration of a right based 
on defensive mark registration has justifiable reasons for havi ng been unable to file the 
application for registration of renewal within the time limit f or such application pursuant to the 
preceding paragraph, the person ma y file such application only within the time limit provided 
by Ordinance of the Ministry of Economy, Trade and Industry. 
(4) Where an application for regi stration of renewal of the dur ation of a right based on defensive 
mark registration is filed, the duration shall be deemed to hav e been renewed upon expiration 
of the duration (where an appl ication is filed under the preced ing paragraph, upon filing of the 
application); provided, however, that this shall not apply to t he case where the examiner's 
decision or appeal/trial decision  to the effect that the applic ation is to be refused becomes final 
and binding or the renewal of the duration of a right based on defensive mark registration is 
registered. 
 Article 65-4 (1) Where an application for registration of renew al of the duration of a right based 
on defensive mark registration falls under any of the following  items, the examiner shall render 
a decision to the effect that th e 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.  
 
 
  
48 (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 mark regi stration, the examiner shall 
render a decision to the effect t hat the renewal is to be regis tered. 
 
Article 65-5 The provisions of Articles 14 and 15-2 of this Act  and Articles 48 (Exclusion of 
examiners) and 52 (Formal require ments for examination) of the Patent Act shall apply mutatis 
mutandis to an examination of an application for registration o f renewal of the duration of a 
right based on defensive mark registration. 
 
(Registration of renewal of duration of ri ght based on defensive mark registration) 
Article 65-6 (1) Where a registration fee under Article 65-7(2)  is paid, the renewal of the duration 
of the right based on defensive ma rk registration shall be regi stered. 
(2) Upon registration under the p receding 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 obtaining a registration of establish ment of a right based on defensive 
mark registration shall pay as a  registration fee for each defe nsive mark registration the amount 
of 28,200 yen multiplied  by the number of classes. 
(2) A person obtaining a registration 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 the appea l/trial decision to the effect that a 
defensive mark is to be registered. 
(2) A registration fee under Article 65-7(2) shall be paid with in 30 days from the service of a 
transcript of the examiner's deci sion or the appeal/trial decis ion to the effect that the renewal 
of the duration of the right based on defensive mark registrati on is to be registered (where the 
service is made prior to the expiration of the duration of the right based on defensive mark 
registration, the date of expiration of the duration).  
 
 
  
49 (3) The Commissioner of the Paten t Office may extend the period  of time provided in the 
preceding two paragraphs by a maximum of 30 days upon the reque st of a person who is 
required to pay the registration fee. 
(4) Where a person required to pay a registration fee is unable  to pay the registration fee within 
the time limit under paragraph (1) or (2) (where the time limit  under the preceding paragraph 
is extended, the extended time limit), the said person may, in accordance with Ordinance of the 
Ministry of Economy, Trade and Industry, pay the said registrat ion fee only within the time 
limit as provided in Ordinance of the Ministry of Economy, Trad e 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 pa yment of registration fees pursuant 
to the preceding paragraph, the said person may, notwithstandin g the said paragraph, pay the 
registration fee within 14 days (two months for resident abroad ) from the date on which the 
reasons for not paying ceased to be applicable, but not later t han six months after the expiration 
of the said time limit. 
 
(Payment of registration fees by interested persons) 
Article 65-9 (1) Any interested p erson may make the payment of the registration fee under Article 
65-7(1) or 65-7(2) even against the intention of the person by whom the said fee is 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 t o be paid to reimburse the 
expense thereof to the  extent that the said person receives act ual benefits therefrom. 
 
(Refund of registration fee paid in excess or in error) 
Article 65-10 (1) A registration 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 person 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 re quest for the refund of a regis tration fee prescribed in paragraph 
(1) is unable to make the request  within the period prescribed in the preceding paragraph due 
to reasons beyond his/her control, the person may make the requ est within 14 days (within 2 
months for residents abroad) from the date the reason ceased to  be applicable but no later than 
6 months after the lapse of the period, notwithstanding the pro vision 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 when the 
trademark right relating thereto is divided. 
(2) When a trademark right is tr ansferred, the right based on d efensive mark registration shall be 
transferred with the trademark right relating thereto.  
 
 
  
50 (3) When a trademark right becom es extinguished, the right base d on defensive mark registration 
relating thereto shall become extinguished. 
(4) Where a trademark right is d eemed to have become extinguish ed under Article 20(4), the 
effects of the right based on defensive mark registration perta ining to the trademark right 
restored under Article 21(2) may not extend to the acts provide d in each of the items of Article 
67 committed during the period after the expiration of the time  limit for the filing of an 
application for registration of renewal provided in Article 20( 3) but before the registration of 
renewal of the duration of the trademark right by an applicatio n under Article 21(1). 
(5) Where a trademark right is d eemed to have been extinguished  under Article 41-2(6), the right 
based on defensive mark registrat ion pertaining to the trademar k right restored under Article 
41-3(2) shall not be effective against the acts provided in eac h of the items of Article 67 
conducted after the expiration of the time limit for making lat e payment of a later-installment 
registration fee but before the registration to the effect that  the trademark right is deemed to 
have been existed under Article 41-3(2) is made,  pursuant to Ar ticle 41-2(5). 
(6) The provision of the precedin g paragraph shall apply mutati s mutandis to the effects of the 
right based on defensive mark registration pertaining to the tr ademark right restored under 
Article 41-3(2) as applied mutati s mutandis pursuant to Article  41-3(3). 
 
(Acts deemed to constitute infringement) 
Article 67 The following acts shall be deemed to constitute inf ringement of a trademark right or 
an exclusive right to use: 
(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.  
 
 
  
51  
(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 reg istration. In this case, the term 
"(iii) the designated goods or designated services and the clas s of the goods or services provided 
by Cabinet Order as provided for in Article 6(2)" in Article 5( 1) shall be deemed to be replaced 
with "(iii) the desi gnated 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 d esignated services are not state d" in Article 5-2(1) shall be 
deemed to be replaced with "(iv ) the designated goods or design ated services are not stated, (v) 
the registration number of the trademark registration pertainin g to the application for defensive 
mark registration is not stated" and the term "Article 37" in A rticle 13-2(5) shall be deemed to 
be replaced with "Article 67 (ex cept the part pertaining to ite m (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 fo r 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 pur suant to Article 39 of this Act 
shall apply to a right based on de fensive 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 transcript of the examiner's decision or appeal /trial decision to the effect that the 
trademark is to be registered pursuant to Article 41-2(1)" in A rticle 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) and 
(vii)), 46-2, 53-2, 53-3, 54(1) and 55-2 to 56-2 shall apply mu tatis mutandis to an opposition 
to registration and appeal/trial pertaining to defensive mark r egistration. In this case, the term 
"Articles 3, 4(1), 7-2(1), 8(1), 8(2), 8(5), 51(2) (including c ases where it is applied mutatis 
mutandis 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 re gistered 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 registration 
becomes in violation  of Article 64." 
(5) The provisions of Articles 57 to 63-2 shall apply to a retr ial and litigation pertaining to 
defensive mark registration. In this case, the term "each of th e items in Article 37" in Article 
59(ii) shall be deemed to be replaced with "items (ii) to (vii)  of Article 67," the term "a 
trademark right pertaining to ... trademark registration" in Ar ticle 60 shall be deemed to be  
 
 
  
52 replaced with "a right based on de fensive 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 registrat ion of a defensive mark or an 
application for the registration of a defensive mark or an appl ication for registration of renewal 
of the duration of a r ight based on defensiv e mark registration ," the term "the establishment of 
a trademark right ... has been r egistered" in the same article shall be deemed to be replaced with 
"the establishment of a right based on defensive mark registrat ion or the renewal of the duration 
of a right based on defensive mark registration ... has been re gistered" and the term "the 
registered trademark or a tradem ark similar ther eto ... in conn ection with the designated goods 
or designated services or in connection with goods or services similar thereto" in the same 
article shall be deemed to be rep laced with "a trademark identi cal 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 Japan who desi res to obtain an international 
registration (hereinafter referred to as an "application for in ternational registration") provided 
in Article 2(1) of the Protocol Relating to the Madrid Agreemen t Concerning the International 
Registration of Marks adopted at Madrid on June 27, 1989 (herei nafter referred to as the 
"Protocol") shall file with th e Commissioner of the Patent Offi ce 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 fol lowing items; in this case, whe re requirements provided by 
Ordinance of the Ministry of Economy, Trade and Industry are ap plicable, two or more persons 
may jointly file the application for international 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 
(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 file  an application for internati onal registration shall submit the 
prescribed application and required documents in foreign langua ge pursuant to Ordinance of 
the Ministry of Economy, Trade and Industry. 
(3) The application shall st ate 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  
 
 
  
53 (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 apply Article 3(3) of the Protoco l in connection with a trademark 
or a mark pertaining to the application for international regis tration shall state in the application 
a statement indicating thereof an d the color or the combination  of colors claimed and append 
to the application copies of the trademark or mark pertaining t o the application for trademark 
registration, etc., in color, or of the registered trademark or  registered defensiv e mark in color. 
 
Article 68-3 (1) The Commission er of the Patent Office shall se nd the application for international 
registration and the required doc uments to the International Bu reau provided in A rticle 2(1) of 
the Protocol (hereinafter referred to as the "International Bur eau"). 
(2) In the case of the preceding paragraph, where the matters s tated in the application correspond 
to the matters stated in the basic application for trademark re gistration, etc. or in the basic 
trademark registration, etc., the Commissioner of the Patent Of fice shall state in the application 
the fact thereof and the date of  receipt of the ap plication 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 international 
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 Ministry of Economy, Trade and Industry, a 
request for territorial extension provided in Article 3ter of t he Protocol (hereinafter referred to 
as "territorial extension") subse quent to the international reg istration (hereinafter referred to as 
the "subsequent designation.") 
 
(Application for renewal of the duration of international registration) 
Article 68-5 The registered holder of international registratio n may file with the Commissioner of 
the Patent Office, pursuant to Ordinance of the Ministry of Eco nomy, Trade and Industry, an 
application for renewal of the duration of international regist ration provided in Article 7(1) of 
the Protocol (hereinafter referre d to as "renewal of the durati on of international registration"). 
 
(Request for recording of change in the ownership of international registration) 
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, prese nt to the Commissioner of the 
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  r e c o r d i n g  o f  a  c h a n g e  i n  t h e  o w nership of an international 
registration, as provided in Arti cle 9 of the Protocol (hereina fter referred to as "change in the 
ownership of international registration").  
 
 
  
54 (2) The request provided in the preceding paragraph may be made  for each of the goods or services 
listed in the international registration or for each of the Con tracting Parties 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 apply mutatis 
mutandis to the application for international registration, sub sequent designation, an application 
for the renewal of the duration of international registration a nd a request for the 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 addition to the provisions of Articles 68-2 to 68-7, details of matters relating to 
the application for in ternational registration, subsequent desi gnation, an application 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 implem entation of the Protocol and the 
regulations thereunder shall be p rovided by Ordinance of the Mi nistry 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  territorial extension to desig nate Japan shall be deemed to be an 
application for trademark regist ration filed on the date of int ernational registration provided in 
Article 3(4) of the Protocol (hereinafter referred to as the "d ate of international registration"); 
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 registration pursua nt to Article 3ter(2) of the 
Protocol(hereinafter referred to  as the "date of subsequent des ignation") is recorded in the 
International Register of the International Bureau provided in Article 2(1) (hereinafter referred 
to as the "Internati onal Register"). 
(2) Matters stated in the left c olumn of the following table co ntained in the International Register 
pertaining to the international registration desi gnating Japan shall be deemed to be the matters 
stated in the right column of th e said table contained in the a pplication submitted pursuant to 
Article 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  
 
 
  
55  
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 registe red trademark (hereinafter in this article referred to as a 
"registered trademark based on international registration") per t a i n i n g  t o  t h e  r e q u e s t  f o r  
territorial extension which is deemed to have been an applicati on for trademark registration 
pursuant to Article 68-9(1) (her einafter in this chapter referr ed to as an "international 
application for trademark regist ration") is identical with the registered trademark prior to the 
trademark registration (except registered trademarks based on i nternational registration, 
hereinafter referred to in this a rticle as a "registered tradem ark based on nation al registration") 
and the designated goods or d esignated services pertaining to t he registered trademark based 
on international registration overlap with the designated goods  or designated services based on 
national registration, and further the holder of trademark righ t of the registered trademark based 
on international registration is identical with the holder of t rademark right of the registered 
trademark based on national regist ration, 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 b ased on national registration to 
the extent of the scope  which is overlapping. 
(2) The provisions of paragraphs (3) and (4) of Article 68-32 s hall apply mutatis mutandis to the 
international application for tr ademark registration under the preceding paragraph. 
 
(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 trademark 
registration" in the said paragraph shall be replaced with "wit hin thirty days from the date of 
the international application for trademark registration." 
  
 
 
  
56 (Special provisions concerning  division of application) 
Article 68-12 Article 10 shall no t apply to an international ap plication for tradem ark registration. 
 
(Special provisions concerning  conversion of application) 
Article 68-13 Articles 11 and 65 shall not apply to an internat ional application for trademark 
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 ap plication for trademark 
registration" in item (ii) of the said paragraph shall be repla ced with "the number and the date 
of the international registration (in the case of the internati onal application for trademark 
registration pertaining to the subsequent designation, 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 term s in accordance with Article 
13(1) of this Act shall not apply to an international applicati on for trademark registration. 
(2) For the purpose of application of Article 43(1) of the Pate nt Act as applied mutatis mutandis 
pursuant to Article 43-3(3) of the Patent Act as applied mutati s mutandis upon reading the 
specified terms in accordance with  Article 13(1) o f this Act to  the international application for 
trademark registration, the portion "within the time limit prov ided by Ordinance of the Ministry 
of Economy, Trade and Industry" in the said paragraph shall be replaced with "within thirty 
days from the date of the intern ational application for tradema rk registration." 
 
(Special provisions concerning the right deriving from application for trademark registration) 
Article 68-16 (1) For the purpose of application of Article 34( 4) of the Patent Act as applied 
mutatis mutandis pursuant to Article 13(2) of this Act to the i nternational application for 
trademark registration, the portion ", except in the case of ge neral succession including 
inheritance, without the Commi ssioner of the Patent Office." in  the said paragraph shall be 
replaced with "without notificat ion to the International 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 application 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 owne rship of international registration,  
 
 
  
57 the international application fo r trademark registration shall be deemed to have become 
applications for trademark reg istration with respect to each of  the registered holders 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 applied mutatis  mutandis pursuant to Article 60-
2(2)) of this Act shall not apply to an international applicati on for trademark registration. 
(2) Article 17-4 of the Design Act as applied mutatis mutandis pursuant to Article 17-2(2) of this 
Act shall not apply to an interna tional application for tradema rk 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 fe e under Article 40(1) or the 
registration fee due and payable within thirty days from the da te of service of a transcript of an 
examiner's decision or an appeal /trial decision to the effect t hat the trademark is to be registered 
under Article 41-2(1) is paid" in the said paragraph shall be r eplaced with "where the 
communication is made by the International Bureau notifying tha t the payment of the individual 
fee in the amount prescribed in  Article 68-30(1)(ii) has been r ecorded in the International 
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 "t he number and date of the application 
for trademark registration" shall be replaced with "the number and the date of international 
registration (in the case of the i nternational 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 numbe r of international registratio n 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 application for 
trademark registration shall be deemed to have been withdrawn i n respect of all or the portion 
of the designated goods or design ated services that have lapsed . 
 (2) Where all or a portion of the international registration o n which the international registration 
is based has lapsed, the trademark right based on such internat ional registration the 
establishment of which has been registered under Article 18(2) as applied upon reading the 
specified terms in accordance with  Article 68-19(1) (hereinafte r referred to as the "trademark 
right based on international regi stration") shall be deemed to have lapsed in respect of all or the 
portion of the designated goods  or designated services that hav e lapsed.  
 
 
  
58 (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 o f 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 b een renewed prior to the regist ration of the establishment of the 
trademark right, the date of most recent renewal). 
(2) The duration of a trademark right based on international re gistration may be renewed based 
on the renewal of the duration of  the international registratio n. 
(3) Where the duration of interna tional registration is renewed , the duration of the trademark right 
based on international registrati on shall be renewed at the tim e of expiration of the duration. 
(4) Where the duration of intern ational registration is not ren ewed, the trademark right based on 
international registration shall be deemed to have extinguished  retroactively at the time of 
expiration of the duration. 
 
(Special provisions concerning registration of renewal of duration) 
Article 68-22 (1) Articles 19 to 22, 23(1) and 23(2) shall not apply to a trademark right based on 
international 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 fo rth under the preceding two 
paragraphs" in the said paragraph shall be replaced with "renew al of the duration of 
international registration" and the portion "the registration n umber and the date of registration 
of renewal" in item (ii) of the said paragraph shall be replace d with "the number of international 
registration and the date of renewal 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 internationa l registration. 
 
(Special provisions pertaining to transfer of collective trademark right) 
Article 68-24 (1) A collective tr ademark right based on interna tional registration may not be 
transferred, unless the document provided in Article 7(3) is su bmitted. 
(2) Article 24-3 shall not appl y 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 abandon 
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 r ight based on international reg istration. 
  
 
 
  
59 (Special provisions concerning effects of registration of trademark right) 
Article 68-26 (1) A transfer, mo dification due to trust, exting uishment by waiver or restriction on 
disposition of a trademark right based on international registr ation 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 acco rdance with Article 35 of this Act shall  not apply to a trademark right 
based on international registration. 
 
(Special provisions concerning regi stration in the Trademark Registry) 
Article 68-27 (1) For the purpo se of application of Article 71( 1)(i) to a trademark right based on 
international registration, the term "the establishment, renewa l of the duration, division, 
transfer, modification, extingu ishment, restoration or restrict ion on disposition of a trademark 
right" in the said item shall be replaced with "the establishme nt, modification due to trust or 
restriction on disposition 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 t rademark right based on internat ional registration shall have effect 
in accordance with that registration in the International Regis ter. 
 
(Special provisions concerni ng amendment of proceedings) 
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) (including  cases where it is applied 
mutatis mutandis pursuant to Article 60-2(2))) or Article 15-3 (including cases where it is 
applied mutatis mutandis pursuant to Article 55-2(1) (including  cases where it is applied 
mutatis mutandis pursuant to Article 60-2(2))), any amendment t o 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 appl y to an international applicati on for trademark registration, except 
for matters deemed to be the det ailed description of a trademar k 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 t his Act, Article 97(1) or 98(1)(i) of 
the Patent Act as applied mutati s mutandis pursuant to Article 35 of this Act" in Article 69 shall 
be replaced with "33(1) , 68-25(1) or 68-26( 1)" and the term "Ar ticle 71(1)(i)" in Article 69 
shall be replaced with " 71(1)(i) as applied mutatis mutandis up on reading the sp ecified terms 
in accordance with Article  68-27(1), 68 -27(2)." 
 
(Individual fee for trademark right bas ed on international registration)  
 
 
  
60 Article 68-30 (1) Any person who desires to obtain a registrati on of establishment of a trademark 
right based on internat ional registration s hall pay to the Inte rnational Bureau, as the individual 
fee provided in Article 8(7)(a) of the Protocol (hereinafter re ferred to as the "individual fee") 
for each registration in t he 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 a mount 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 Ordinance 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 ap plication for trademark regist ration is to be registered, the 
Commissioner of the Patent Office shall notify the Internationa l Bureau of the time limit for 
the payment of the individual fee pertaining to the application , in the amount prescribed in item 
(ii) of paragraph (1). 
(4) Where the individual fee i n the amount prescribed in items (ii) of paragraph (1) is not paid, 
and as a result the international registration on which the int ernational application for trademark 
registration is based is rescinded,  the said application shall be deemed 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 Internation al Bureau for each registration the 
amount equivalent to 38,800 yen multiplied by the number of cla sses. 
(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 applicati on for international trademark r egistration and a trademark right 
based on the internat ional registration. 
 
(Delegation to Ordinance of the Minist ry of Economy, Trade and Industry) 
Article 68-31 In addition to the provisions of Articles 68-9 to  68-30, details of matters required 
for the implementation of the Pro tocol and the regulations ther eunder shall be provided 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 international registration relating to a trademark that was the subject 
of an international registrati on designating Japan is rescinded  pursuant to Article 6(4) of the 
Protocol in respect of all or some of the goods or services lis ted in the international registration, 
the person who was the registered holder of the international r egistration may file an application 
for trademark registration in rel ation to all or some of the sa id goods or services.  
 
 
  
61 (2) Where an application for tr ademark registration under the p receding paragrap h falls under all 
of the following items, the application shall be deemed to have  been filed on the date of 
international registration (where the international registratio n under the said paragraph is 
related to the subsequent designation, the date of the subseque nt designation pertaining to the 
said international registration) o f the international registrat ion 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 appli cation for trademark registrati on pertaining to an international 
registration under paragraph (1) enjoyed a right of priority pu rsuant to Article 4 of the Paris 
Convention, the application for trademark registration under th e said paragraph 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 registrat ion under paragraph (1) enjoyed a 
right of priority pursuant to Article 43-3(2) of the Patent Act  as applied mutatis mutandis upon 
reading the speci fied terms in accordance with Article 9-3 or 1 3(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), th e portion of the said paragraph "part of  an application" shall be replaced 
with "part of an application(limited to the goods or services t hat 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 within the time 
limit as provided in paragraph (2)(i), the said person may, not withstanding the said item, file 
the application 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. 
(7) The application for trademar k registration filed under the preceding paragraph shall be deemed 
to have been fil ed 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 design ating 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 
the registered holder of the sai d international registration ma y file an application for trademark 
registration in connection with the goods or services listed in  the said international registration.  
 
 
  
62  (2) The provisions of paragraphs (2) to (7) of Article 68-32 s hall apply mutatis mutandis to an 
application for trademark regist ration under the preceding para graph. In this case, the portion 
"within three months from the date on which the international r egistration under the said 
paragraph was rescinded" in paragr aph(2)(i) of the said Article  shall be deemed to be replaced 
with "within two years from the date on which the denunciation under Article 15(3) of the 
Protocol took effect." 
 
(Special provisions concerning reasons for refusal) 
Article 68-34 (1) For the purpo se of the application of Article  15 to an application for trademark 
registration pursuant to Article 68-32(1) or 68-33(1), the port ion "falls under any of the 
following items" in Article 15 shall be replaced with "falls un der any of the following items or 
where an application for trademar k registration under Article 6 8-32(1) or 68-33(1) does not 
comply with the requirements provided in Article 68-32(1), 68-3 3(1) or each item of 68-32(2) 
(including cases where applied mu tatis mutandis upon reading th e 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 68-3 2(1) or 68-33(1) pertaining to a 
trademark right that was related to the international registrat ion (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 Art icle 18(2), where, in connecti on with an application for 
trademark registration under Article 68-32(1) or 68-33(1), the examiner's decision or the 
appeal/trial decision to the eff ect that the trademark is to be  registered has been rendered within 
ten years from the date of international registration of the in ternational registration pertaining 
to the said application (where the duration of the internationa l 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 international registration 
pertaining to the said applicat ion is rescinded pursuant to Art icle 6(4) of the Protocol or to the 
date on which the denunciation under Article 15(3) of the Proto col takes effect, the 
establishment of the trademark right shall be registered. 
 
(Special provisions concerning duration) 
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 th e international registration 
pertaining to the said applicati on (where the dur ation of the i nternational registration has been 
renewed, the date of m ost recent renewal). 
(2) Article 19(1) shall not apply to the duration of a trademar k right provided in the preceding 
paragraph. 
  
 
 
  
63 (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 in ternational registration, the term 
"trademark registration" in th e 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 registration, except any trademark registr ation for which the term provided 
in this Article has lapsed without any opposition to registrati on of the former trademark 
registration pertaining to the f ormer international registratio n)." 
 
(Special provisions concerning invalid ation trial of trademark registration) 
Article 68-38 For the purpose of the trial prescribed in Articl e 46(1) for the trademark registration 
pertaining to an application for trademark registration under A rticle 68-32(1) or 68-33(1), the 
term "falls under any of the following items" in the said parag raph shall be replaced with "falls 
under any of the following items or has been made in violation of the provision of Article 68-
32(1), 68-33(1) or each item of  Article 68-32(2)  (including cas es where applied mutatis 
mutandis upon reading the speci fied terms in accordance with Ar ticle 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 in ternational registration, the portion 
"may not be filed" in the said article shall be replaced with " may not be filed. The same shall 
also apply, in relation to the trademark registration pertainin g to the re-filing of the trademark 
right pertaining to former international registration, even pri or to a lapse of five years from the 
date of registration of the estab lishment of the trademark righ t, 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 f ormer international registratio n." 
 
CHAPTER 8 MISCELLANEOUS PROVISIONS 
 
(Amendment of proceedings) 
Article 68-40 (1) The person und ertaking a procedure before the  Patent Office with regard to an 
application for trademark regist ration, an application for defe nsive mark registration, any 
requests or any other procedures relating to trademark registra tion or defensive mark 
registration, may make amendments relating thereto only when th e case is pending in 
examination, examination on opposition to registration, 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 Artic le 40(1) or 41-2(1), make 
amendments to reduce the number  of classes pertaining to the ap plication for trademark 
registration. 
 
(Special provisions on trademark right covering two or more designated goods or designated services)  
 
 
  
64 Article 69 For the purpose of the application of Article 13-2(4 ) (including where it is applied 
mutatis mutandis pursuant to Article 68(1)), 20(4) and 33(1) of  this Act, Article 97(1) or 
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 P atent Act as respectively applied 
mutatis mutandis pursuant to Article 56(1) of this Act or Artic le 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 c overing two or more designated 
goods or designated services, the trademark shall be deemed to have been registered or the 
trademark right shall be deemed to exist, for each of the desig nated 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(3) or (4), 50, 52-2(1), 59(i), 64, 73 or 74 shall inc lude trademarks similar to the 
registered trademark that would be regarded as being identical with the registered trademark if 
they 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 the 
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 t hat would be regarded as being 
identical with the registered tra demark if they were in the sam e color(s) as the registered 
trademark. 
(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 following 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 b e prepared, in whole or in part , in the form of magnetic tapes 
(including other storage media u sing a similar method that may record or reliably store certain 
matters; the same shall apply hereinafter).  
 
 
  
65 (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.) 
Article 71-2 (1) Upon registration of the establishment of a tr ademark right or upon registration 
of the establishment of rights based on defensive mark registra tion, the Commissioner of the 
Patent Office shall issue a certificate of trademark registrati on or defensive mark registration 
to the holder of trademark right. 
(2) The re-issuance of a certificate 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 Commissi oner of the Patent Office to i ssue a certificate, a transcript of 
documents or an extract of docume nts, to allow the inspection o r copying of documents or 
materials under Article 5(4), or to issue documents stored on t he magnetic tapes that constitute 
a part of the Trademark Registry; provided, however, that if th e Commissioner of the Patent 
Office considers it necessary to keep such documents confidenti al, this provision shall not apply 
in the case of the fol lowing documents: 
(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 documents as prov ided in items (i) to (iii) of the 
said paragraph, the Commissioner of the Patent Office shall not ify the person who submitted 
the said documents thereo f and reasons therefor. 
(3) Provisions of the Act Con cerning Access to Information Held  by Administrative Organs (Act 
No. 42 of 1999) shall not apply to the documents concerning tra demark registration or defensive 
mark registration and the part o f the Trademark Registry stored  on magnetic tapes.  
 
 
  
66 (4) Provisions in Chapter 4 of the Act Concerning Protection of  Personal Information Possessed 
by Administrative Organs (Act No. 58 of 2003) shall not apply t o the possessed Personal 
Information (referring to the possessed Personal Information as  provided in Article 2(3) of the 
said Act) recorded in the documen t s  c o n c e r n i n g  t r a d e m a r k  r e g i s t ration or defensive mark 
registration and the part of the Trademark Registry stored on m agnetic tapes. 
 
(Indication of trademark registration) 
Article 73 Where the holder of tr ademark right, exclusive right  to use or non-exclusive right to 
use affixes the registered trademark to the designated goods, p ackages of the designated goods 
or articles to be used for the p rovision of the designated serv ices, or affixes, in the provision of 
the designated services, the regis tered trademark to the goods pertaining to the provision of the 
designated services that belong to  the person receiving the des ignated services pursuant to the 
provisions of Ordinance of the Ministry of Economy, Trade and I ndustry, he/she shall make 
efforts to affix to the trademark an indication (hereinafter re ferred to as an "indication of 
trademark registration") stating  that the trademark is a regist ered trademark. 
 
(Prohibition of false indication) 
Article 74 It shall be prohibited for a person 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  
 
 
  
67 (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 Offi ce 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; 
( 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;  
 
 
  
68 (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 
(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 cen ter column of the attached tab le shall pay fees in the amount as 
provided by Cabinet Order within the range of the amounts speci fied in the corresponding 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 f or defensive mark registration 
with a person other than the State, and the portion of their re spective shares of the said right 
has been agreed, notwithstanding the provisions of paragraph (1 ) or (2), the fees payable 
thereunder (limited to those prov ided by Cabinet Order) shall b e determined as the sum of the 
provided fees multiplied by the ratios of the share of each per son other than the State, and, the 
person(s) other than the State shall pay such sum. 
(5) Where the amount of the f ees 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 Ind ustry; provided, however, 
that where so provided by Ordinance of the Ministry of Economy,  Trade and Industry, a cash 
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.  
 
 
  
69  
(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 th is Act. In this case, the term 
"Article 121(1)" of Article 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 Patent Act shall 
apply mutatis mutandis to an app lication for trademark registra tion, an application for defensive 
mark registration, any petitions  or any other procedures pertai ning 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 r eplaced with "appeal under Article 
44(1) or 45(1) of the Trademark Act," the portion "appeal again st 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 not 
comply with the formal requirements provided by this Act or an order thereunder" in Article 
17(3) of the Patent Act shall be deemed to be replaced with "(i i) where the procedures do not 
comply with the formal requirements provided by this Act or an order thereunder; (ii)-2 where, 
pertaining to the procedures, the registration fee under Articl e 40(2) of the Trademark Act or 
the registration fee (including t he registration surcharge due and payable pursuant to Article 
43(1) or 43(2) of the Trademark Act) payable at the time of app lication 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 
with "any of the items in Article 5-2(1) of the Trademark Act ( including cases where it is 
applied mutatis mutandis pursuan t to Article 68(1) of the Trade mark 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 re lating to the trademark 
registration. 
(4) Article 26 (Effect of treaties) of the Patent Act shall app ly mutatis mutandis to the trademark 
registration and defensi ve mark registration. 
(5) The provisions of Articles 18 9 to 192 (Service) of the Pate nt Act shall apply mutatis mutandis 
to service provid ed in this Act. 
(6) Article 195-3 of the Patent Act shall apply mutatis mutandi s to dispositions under this Act or 
under an order b ased on this Act. 
(7) Article 195-4 (Restriction on  appeals under Administrative Appeal Act) of the Patent Act shall 
apply mutatis mutandis to an examiner's decision, a ruling to d ismiss 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 thi s Act and to a disposition against 
which no appeal lies in a ccordance with this act. 
 
(Transitional measures)  
 
 
  
70 Article 77-2 Where an order is established, revised or abolishe d pursuant to this Act, transitional 
measures (including t ransitional measures relating to penal pro visions) to the extent deemed 
reasonably necessary for the establi shment, revision or abolish ment 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 d eemed to constitute infringemen t 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 term not exceeding te n 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 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 term not exceeding five years o r a fine 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 r ight based on defensive mark 
registration, decision on opposition to registration or appeal/ trial decision by means of a 
fraudulent act shall be punished by imprisonment with work for a term not exceeding three 
years or a fine not ex ceeding 3,000, 000 yen. 
 
(Crime of false indication) 
Article 80 Any person who fails t o comply with Article 74 shall  be punished by imprisonment 
with work for a term not exceedin g three years or a fine not ex ceeding 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 giv en a false expert opinion or a  false interpretation before the 
Patent Office or a court commissioned thereby, shall be punishe d by imprisonment with work 
for a term of between three  months and ten years. 
(2) Where a person who has committed the offense in the precedi ng paragraph has made a 
voluntary confession before a tr anscript of the judgment on the  case has been served, or a 
decision on an opposition to reg istration or appeal/trial decis ion has become fin al and binding, 
the punishment may b e reduced or waived 
  
 
 
  
71 (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 mutatis mutandis pursuant to Article 39 of this Act shall be punished by 
imprisonment with work for a te rm not exceeding five years or a  fine not exceeding 
5,000,000yen or comb ination thereof. 
(2) The prosecution of the crim e 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 representative 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 performing social 
activities for the juridical per son or individual, any act in v iolation of the provisions prescribed 
in the following items, in addition to the offender, the juridi cal person shall be punished by fine 
as provided in the corresponding items and the individual shall  be punished by fine as provided 
in each article prescribed i n 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 ju ridical person or individual an d a complaint against the juridical 
person or individual 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 perio d of prescription shall be governed 
by the same rules as for crim es in the provisions thereof. 
 
(Non-penal fine) 
Article 83 Where a person who has taken an oath under Article 2 0 7 ( 1 )  o f  t h e  C o d e  o f  C i v i l  
Procedure as applied mutatis muta ndis pursuant to Article 151 o f the Patent Act as applied 
mutatis mutandis pursuant to Article 71(3) of the Patent Act as  applied mutatis mutandis 
pursuant to Article 28(3) (inc luding cases where it is applied mutatis mutandis pursuant to 
Article 68(3) of this Act) of th is Act, Article 43-8 (including  cases where 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), Article 174(3) of the 
Patent Act as applied mutatis mutandis pursuant to Article 61 ( including cases where it is 
applied mutatis mutandis pursuant to Article 68(5) of this Act) , Article 58(2) of the Design Act 
as applied mutatis mutandis pursuant to Article 62(1) (includin g cases where it is applied 
mutatis mutandis pursuant to Article 68(5) of this Act), or Art icle 58(3) of the Design Act as 
applied mutatis mutandis pursuant to Article 62(2) (including c ases where it is applied mutatis  
 
 
  
72 mutandis pursuant to Article 68(5) of this Act) has made a fals e statement before the Patent 
Office or a court commissioned thereby, the said person shall b e liable to a non-penal fine not 
exceeding 100,000 yen. 
 
Article 84 A person who has been summoned by the Patent Office o r  a  c o u r t  c o m m i s s i o n e d  
thereby in accordance with this Act and fails to appear or refu ses to take an oath, make a 
statement, testify, give an expe rt opinion or interpret without  a just cause shall 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 purpo se of examination or 
preservation of evidence in accordance with this Act, and fails  to comply with the order without 
a just cause shall 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 
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)  
4,200 yen per case  
 
 
  
73  
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