1  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 REGISTRATION AND APPLICATION FOR TRADEMARK 
REGISTRATION(ARTICLES 3 TO 13 -2) 
CHAPTER III EXAMINATION (ARTICLES 14 TO 17 -2) 
CHAPTER IV TRADEMARK RIGHTS  
Section 1 Trademark Rights (Articles 18 to 35)  
Section 2 Infringement of Rights (Articles 36 to 39)  
Section 3 Registration Fees (Articles 40 to 43)  
CHAPTER IV -2 OPPOSITION TO REGISTRATION (ARTICLES 43 -2 TO 43 -15) 
CHAPTER V TRIALS AND APPEALS (ARTICL ES 44 TO 56 -2) 
CHAPTER VI RETRIAL AND LITIGATION (ARTICLES 57 TO 63)  
CHAPTER VII DEFENSIVE MARK (ARTICLES 64 TO 68)  この商標法の翻訳は、 令和元年法律第三号 のうち、令和 2年10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 has been prepared (up to the revisions of Act No. 
3 of 2019 (Effecti ve October  1, 2020)).  
  This is an unofficial translation. Only the ori ginal 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 regulat ions.  
  The Government of Japan shall not be responsible for the accuracy, reliability or currency of the 
legislative material provided in this Website, or for any consequence resulting from use of the 
information in this Website. For all purposes of inte rpreting 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 International Applications for Trademark Registration 
(Articles 68 -9 to 68 -31) 
Section 3 Special Provisions Concerning Applications for Trademark Registration, etc. (Articles 6 8-
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 trademarks and thereby to contribute to the development of the industry and to 
protect the interests of consumers.  
 
(Definitions, etc.)  
Article 2  (1) "Trademark" in this Act means , among those recognizable  by human perception,  any character(s), 
figure(s), sign(s) or three -dimensional shape(s)  or colors, or any combination thereof, sounds, etc. provided by 
Cabinet Order  (hereinafter referred to as a "mark") which is : 
(i) used in connection with the goods of a person who produces, certifies or assigns the goods as a 
business; or  
(ii) used in connection with the services of a person who provides or certifies the services as a business 
(except those provided for in the preceding item).  
(2) "Services" set forth in item (ii) of the preceding paragraph shall include retail services and wholesale services, 
namely, the provision of benefits for customers conducted in the course of retail and wholesale business.  
(3) "Use" with  respect to a mark as used in this Act means any of the following acts:  
(i) to affix a mark to goods or packages of goods;  
(ii) to assign, deliver, display for the purpose of assignment or delivery, export, import  or provide 
through an electric telecommunication line, goods or packages of goods to which a mark is affixed;  
(iii) in the course of the provision of services, to affix a mark to articles 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 provide the said services by using articles to which a 
mark is affixed and which are to be used by a person who receives the said services;  
(v) for the purpose of provi ding services, to display articles to be used for the provision of the services 
(including articles to be used by a person who receives the services in the course of the provision of 
services; the same shall apply hereinafter) to which a mark is affixed;   
 
 
 
 
3 (vi) in the course of the provision of services, to affix 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 provision of services through an image viewer, 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 apply in the following item), to provide the said 
services by displaying a mark on th e image viewer; or  
(viii) to display or distribute advertisement materials, 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 electroma gnetic device.  
(viiii) In the case of a mark of sounds, 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 prece ding items, acts provided by Cabinet Order.  
(4) In the cases of marks listed in the following items, to  affix a mark to goods or other articles provided for in the 
preceding paragraph shall include those listed in each of the said items:  
(i) a mark of any character(s), figure(s), sign(s) or three -dimensional 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 materi als relating to goods or 
services; and  
(ii) a mark of any sounds: in a case where a recording medium is affixed to goods, articles to be used for the provision 
of services, or advertisement materials relating to goods or services (including a case where go ods, articles to be 
used for the provision of services, or advertisement materials relating to goods or services themselves are recording 
media) to record the mark on the recording media.  
(5) "Registered trademark" in this Act means a trademark that has be en registered as a trademark.  
(6) In this Act, the scope of those similar to goods may include services, and the scope of those similar to services may 
include goods.  
 
CHAPTER II TRADEMARK REGISTRATION AND APPLICATION FOR TRADEMARK 
REGISTRATION  
 
(Requireme nts for trademark registration)  
Article 3  (1) Any trademark to be used in connection with goods or services pertaining to the business of an applicant 
may be registered, unless the trademark:  
(i) consists solely of a mark indicating, in a common manner, th e common name of the goods or services;  
(ii) is customarily used in connection with the goods or services;  
(iii) consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, 
place of sale, quality, raw materials, eff icacy, intended purpose, shape (including shape of packages; 
the same shall apply in Article 26(1)(i i) and (ii i)), the 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, efficacy, intended purpose, modes,  method or features including time, quantity or 
price  of provision;   
 
 
 
 
4 (iv) consists solely of a mark indicating, 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 listed in each of the preceding items, a trademark by which consumers are 
not able to reco gnize the goods or services as those pertaining to a business of a particular person.  
(2) Notwithstanding the preceding paragraph, a trademark that falls under any of items (iii) to (v) of the preceding 
paragraph may be registered if, as a result of the us e of the trademark, consumers are able to recognize the goods 
or services as those pertaining to a business of a particular person.  
 
(Unregistrable trademarks)  
Article 4  (1) Notwithstanding the preceding Article, no trademark shall be registered if the tra demark:  
(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 here inafter), a member of the World Trade Organization or a Contracting Party 
to the Trademark Law Treaty designated by the Minister of Economy, Trade and Industry;  
(iii) is identical with, or similar to, a mark indicating the United Nations or any other inter national 
organization (referred to as "international organization" 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 k nown 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 m ark indicating abbreviation of any international 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 Artic le 1 of the Act Concerning Restriction 
on the Use of Emblems and Titles of the Red Cross and Others (Act No.159 of 1947) or the distinctive 
emblem in Article 158(1) of the Act Concerning Measures to Protect Japanese Citizens During Armed 
Attacks and Others  (Act No.112 of 2004);  
(v) is comprised of a mark identical with, or similar to, an official hallmark or sign indicating control 
or warranty by the national or a local government of Japan, a country of the Union to the Paris 
Convention, a member of the Wor ld Trade Organization or a Contracting Party to the Trademark 
Law Treaty which has been designated by the Minister of Economy, Trade and Industry, if such a 
trademark is used in connection with goods or services identical with, or similar to, the goods or 
services in connection with which the hallmark or sign is used;   
 
 
 
 
5 (vi) is identical with, or similar to, a famous mark indicating the State, a local government, an agency 
thereof, a non -profit organization 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 another person, or the name, famous pseudonym, professional name or 
pen name of another person, or famous abbre viation thereof (except those the registration of which 
has been approved by the person concerned);  
(ix) is comprised of a mark identical with, or similar to, a prize awarded at an exhibition held by the 
national or a local government (hereinafter referred  to as the "Government, etc.") or by those who 
are not the Government, etc. that conforms to the standards specified by the Commissioner of the 
Patent Office, or at an international exhibition held in a foreign country by the Government, etc. of 
the foreig n country or those authorized 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 person's trademark which is well known among consumers 
as that indicating goods or se rvices 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 p rior 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 relating 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 perso n (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 services relating to the defensive mark;  
(xiii) deleted  
(xiv) is identical with, or simi lar to, the name of a variety 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 variety or goods or services similar ther eto; 
(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 the quality of the goods or services;  
(xvii) is comprised of a mark indicating a place of origin of wines or spirits of Japan which has been 
designated by the Commissioner of the Patent Office, or a mark indicating a place of origin of wines 
or spirits of a member of the World Trade Organizati on which is prohibited by the said member from 
being used on wines or spirits not originating from the region of the said member, if such a trademark 
is used in connection with wines or spirits not originating from the region in Japan or of the said 
member ; 
(xviii) consists solely of features provided by Cabinet Order among features that are naturally  provided 
to goods, etc. (goods, or packages of goods, or services; the same shall apply in Article 26(1)(v)); or   
 
 
 
 
6 (xix) is identical with, or similar to, a tra demark 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 unfair profits, the purpose 
of causing damage to the other person, or any other unfair purposes, the same shall apply 
hereinafter) (except those provided for in each of the preceding items);  
(2) Where the State or a local government, an agency thereof, a non -profit organization underta king a business for 
public interest, or a person undertaking a non -profit activity for public interest files an application for trademark 
registration falling under item (vi) of the preceding paragraph, the provision of the said item shall not apply.  
(3) Items (viii), (x), (xv), (xvii) and (xix) of paragraph (1) shall not apply to a trademark falling under any of the said 
items which does not fall under the said item at the time of filing of an application for trademark registration.  
 
(Application for trade mark registration)  
Article 5  (1) Any person who desires to register a trademark shall submit an application to the Commissioner of the 
Patent Office accompanied by the required documents.  The application shall state the following matters:  
(i) the name and the domicile or residence of the applicant for trademark registration;  
(ii) the trademark for which registration is sought; and  
(iii) the designated goods or designated services and the class of goods or services provided by Cabinet 
Order as provided f or in Article 6(2).  
(2) Where a person desires to register a trademark listed in the following , the application shall contain a statement 
indicating thereof : 
(i) consists of any character(s), figure(s), sign(s) or three -dimensional shape(s) or colors, or a ny combination thereof, 
where the said character(s), figure(s), sign(s) or three -dimensional shape(s) or colors in connection with the said 
tradema rk change;  
(ii) consists of three -dimensional shape(s) (including the combination with any character(s), figu re(s), sign(s) or three -
dimensional 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 those listed in each of the preceding items, trademarks provided by Cabinet Order of the Ministry of 
Economy, Trade and Industry.  
(3) Where a person desires to register a trademark consisting solely of characters designated by the Commissioner of 
the Paten t Office (hereinafter referred to as "standard characters"), the application shall contain a statement 
indicating thereof.  
(4) Where a person desires to register any trademark provided by Cabinet Order of the Ministry of Economy, Trade 
and Industry, the ap plication shall sate the detailed description of the trademark in the application pursuant to 
Ordinance  of the Ministry of Economy, Trade and Industry, or affix materials provided by Ordinance  of the Ministry 
of Economy, Trade and Industry to the applicati on. 
(5) The statement and materials in the preceding paragraph shall specify the trademark for which a registration is 
sought.  
(6) Where a portion of the trademark for which a registration is sought is in the same color as that of the column in 
which a tra demark for which a registration is sought is required to be stated, the said portion of the trademark shall  
 
 
 
 
7 be deemed not to be a part of the trademark; provided, however, that this shall not apply to an area specified and 
identified as an area to be color ed in the same color as that of the column.  
 
(According of filing date, etc.)  
Article 5 -2 (1) The Commissioner of the Patent Office shall accord as the filing date of an application for trademark 
registration the date of submission of the application relat ing thereto, unless the application for trademark 
registration falls under any 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 identify the applicant;  
(iii) the trademark for which a registration is sought is not stated in the application; and  
(iv) the designated goods or designated services are not stated.  
(2) Where an application for tradem ark registration falls under any of the items of the preceding paragraph, the 
Commissioner of the Patent Office shall require the person who desires to register the trademark registration to 
supplement the application, designating a reasonable time limit f or such purpose.  
(3) Supplement of an application for trademark registration shall be made by submitting a document with respect to 
the supplement (hereinafter referred to as a "Written Supplement").  
(4) Where an applicant who was required to supplement an  application for trademark registration under paragraph (2) 
supplements 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 Supple ment as the filing date 
of the application for trademark registration.  
(5) Where an applicant who has been required to supplement an application for trademark registration under paragraph 
(2) fails to supplement the said application within the designated t ime limit as provided in the said paragraph, the 
Commissioner of the Patent Office may dismiss the said application for trademark registration.  
 
(Single trademark on each application)  
Article 6  (1) An application for trademark registration shall be filed f or each trademark and designate one or more 
goods or services in connection with which the trademark is to be used.  
(2) The designation provided for in the preceding paragraph shall be made in accordance with the class of goods and 
services provided by Cab inet Order.  
(3) The class of goods and services provided for in the preceding paragraph shall not be perceived as prescribing the 
scope of similarities of goods or services.  
 
(Collective trademarks)  
Article 7  (1) A general incorporated association or other association (except those which do not have juridical 
personality, and companies), or any other association established pursuant to a special Act including business 
cooperative (except those which do not have jur idical personality), or a foreign juridical person equivalent thereto 
shall be entitled to obtain a collective trademark registration with respect to a trademark to be used by their 
members.   
 
 
 
 
8 (2) For the purpose of the application of Article 3(1), in the ca se 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 pursuant to paragraph (1) shall, at the time of filing of 
an application for trademark reg istration 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 person that falls under paragraph 
(1). 
 
(Regional collective trademarks)  
Article 7 -2 (1) Any association established by a special Act, including a business cooperative (those which do not have 
juridical personality are excluded, and limited to those which are established by a special Act providing, without a 
just cause, that the association sh all 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 prospective members any condition that is heavier than those 
imposed on its existing members), a commercial transaction, c ommercial and industrial association or specified 
non-profit corporation specified in Article 2(2) of Act on Promotion of Specified Non -profit Activities (Act No. 7 
of 1998), or a foreign juridical person equivalent thereto (hereinafter referred to as an " Association, etc.") shall be 
entitled to obtain a regional collective trademark registration with respect of any of the following, provided that the 
trademark is used by its members and, as a result of the use of the said trademark, the said trademark is w ell known 
among consumers as indicating the goods or services pertaining to the business of the applicant or its members, 
notwithstanding the provision of Article 3 (except a case falling under item (i) or (ii) of Article 3(1)):  
(i) a trademark consisting solely of characters indicating, in a common manner, the name of the region 
and the common name of the goods or services pertaining to the business of the applicant or its 
members;  
(ii) a trademark consisting solely of characters indicating, in a common ma nner, 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 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 or the name customarily used as a name indicating thereof, and characters customarily 
added in indicating, in a common manner, the place o f origin of the goods or the location of provision 
of the services.  
(2) The term "name of the region" as used in the preceding paragraph means, even prior to the filing of the said 
application, the name of the place of origin of the goods, the location of provision of services, or the name of the 
region which is considered to have a close relationship with the said goods or services to the equivalent extent, for 
which the trademark pertaining to the said application has been used by the applicant or its mem bers, 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 
paragraph (1), "applicant" in the said paragraph shall read "applicant or its members."  
(4) Any person who desires to register a regional collective trademark pursuant to paragraph (1) shall, at the time of 
filing of an application for trademark registration pursuant to Article 5(1), submit to the Commissioner of the Patent 
Office a document certifying that the applicant for trademark registration is an Association, etc. and documents  
 
 
 
 
9 necessary to prove that the trademark for which the registration is sought contains the name of a region as provided 
in paragraph (2).  
 
(Prior application)  
Artic le 8 (1) Where two or more applications for trademark registration relating to identical or similar trademarks 
which are to be used in connection with identical or similar goods or services have been filed on different dates, 
only the applicant who filed t he application for trademark registration on the earlier date shall be entitled to register 
the trademark in question.  
(2) Where two or more applications for trademark registration relating to identical or similar trademarks which are to 
be used in connect ion with identical or similar goods or services have been filed on the same date, only one applicant 
who is to be determined by consultations among the applicants who filed such applications shall be entitled to 
register the trademark in question.  
(3) Wher e an application for trademark registration is abandoned, withdrawn or dismissed, or an examiner's decision 
or a trial decision on an application for trademark registration becomes final and binding, such application shall, 
for the purposes of the applicat ion of the preceding two paragraphs, be deemed never to have been filed.  
(4) In the case of paragraph (2), the Commissioner of the Patent Office shall require the applicants for trademark 
registration to arrange consultations among the applicants as set fo rth in the said paragraph and to report the result 
thereof, designating a reasonable time limit for such purpose.  
(5) Where no agreement is reached in the consultations held pursuant to paragraph (2) or no report is submitted within 
the designated time lim it set forth in the preceding paragraph, only one applicant, selected by a lottery in a fair and 
just manner conducted by the Commissioner of the Patent Office, shall be entitled to register the trademark in 
question.  
 
(Special provisions concerning time o f filing of application)  
Article 9  (1) Where an application for trademark registration is filed in connection with a trademark used for goods or 
services exhibited at an exhibition held by the Government, etc., an exhibition held by those who are not the 
Government, etc. that conforms to the standards specified by the Commissioner of the Patent Office, an international 
exhibition held by the Government, etc. of a country of the Union to the Paris Convention, a member of the World 
Trade Organization or a Con tracting Party to the Trademark Law Treaty or by those authorized thereby to hold such 
an exhibition in its territory, or an international exhibition held by the Government, etc. of a country which is not 
a country of the Union of the Paris Convention, a m ember of the World Trade Organization or a Contracting Party 
to the Trademark Law Treaty or by those authorized thereby to hold such exhibition in its territory that conforms 
to the standards specified by the Commissioner of the Patent Office, by the exhib itor of such goods or services 
bearing the trademark within six months from the date of exhibition of such goods or services, the said application 
shall be deemed to have been filed at the time of exhibition of such goods or services.  
(2) Any person who de sires to apply the preceding paragraph in connection with a trademark relating to an application 
for trademark registration shall submit to the Commissioner of the Patent Office a document stating thereof at the 
time of filing of the application for tradem ark registration, and documents proving the fact that the trademark 
pertaining to an application for trademark registration and its designated goods or designated services fall under  
 
 
 
 
10 the trademark and goods or services provided in the said paragraph  (refer red 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 ti me limit under the preceding 
paragraph, the said person may, in accordance with Ordinance  of the Ministry of Economy, Trade and Industry, 
submit the said certificate  to the Commissioner of the Patent Office only within the time limit as provided in 
Ordinance  of the Ministry of Economy, Trade and Industry, even after the expiration of the time limit . 
(4) Where, due to reasons beyond the control of the person, the person  submitting a certificate is unable 
to submit the certificate within the time limit for submission of the certificate pursuant to the preceding 
paragraph , notwithstanding the said paragraph, submit the certificate to the Commissioner of the 
Patent Office w ithin 14 days (two months for resident abroad) from the date on which the reasons for 
not submitting ceased to be applicable, but not later than six months after the expiration of the said 
time limit.  
 
(Priority claim governed by the Paris Convention)  
Article 9 -2 A right of priority based on an application for registration of a trademark filed in a country of the Union to 
the Paris Convention (limited to a trademark equivalent to a trademark provided in Article 2(1)(ii)) may be claimed 
as governed by the sa me rules as Article 4 of the Paris Convention in connection with a right of priority based on 
an application for registration of a trademark equivalent to the trademark provided in Article 2(1)(i).  
 
Article 9 -3 A right of priority based on an application f iled by a person stated in the left column of the following table 
in a country stated in the right column of the same table may be claimed in connection with an application for 
trademark registration as governed by Article 4 of the Paris Convention.  
 
Japan ese 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 
Contract ing Party to the Trademark Law Treaty  
 
Nationals of a member of the World Trade 
Organization (refers to nationals of a member 
provided in paragraph 3 of Article 1 of Annex 1C 
of the Marrakesh Agreement Establishing the 
World Trade Organization) or nationals of a 
Contracting Party to the Tradema rk 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 for which registration is sought and change of gi st 
thereof)  
Article 9 -4 Where, after the registration of establishment of a trademark right, any amendment made to the designated 
goods or designated services, or trademark for which registration is sought stated in the application, is found to  
 
 
 
 
11 cause any c hange of the gist thereof, the application for trademark registration shall be deemed to have been filed 
at 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 goods or services as its designated goods or designated services, provided 
that the application for trademark regi stration is pending in examination, trial examination or retrial examination, 
or that a suit against a trial decision to refuse the application is pending in court , and that the applicant has paid the 
fees payable under Article 76(2) for the application fo r trademark registration . 
(2) In the case of the preceding paragraph, the new application for trademark registration shall be deemed to have been 
filed at the time of filing of the original application for trademark registration; provided, however, that th is 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 of 
1959) as applied mutatis mutandis pursuant to Article 13(1) of this Act (including cases where they are applied 
mutatis mutandis pur suant to Article 43 -3(3) of the Patent Act as applied mutatis mutandis pursuant to Article 13(1) 
of this Act).  
(3) Where a new application for trademark registration is filed as provided in paragraph (1), statements or documents 
submitted in connection wit h the original application for trademark registration which are required to be submitted 
in connection with the new application for trademark registration pursuant to Article 9(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 pursuant to Article 43 -3(3) of the Patent Act as applied mutatis mutandis pursuant to 
Article 13(1) of this Act) shall be deemed to have been submitted to the Commis sioner 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 convert an application for trademark registration of a 
collective trad emark into a regular application for trademark registration (referring to an application for trademark 
registration other than those of collective trademarks and regional collective trademarks; the same shall apply 
hereinafter) or an application for tradem ark registration of a regional collective trademark.  
(2) An applicant for trademark registration may convert an application for trademark registration of a regionally based 
collective trademark into a regular application for trademark registration or an ap plication for trademark registration 
of a collective trademark.  
(3) An applicant for trademark registration may convert a regular application for trademark registration into an 
application for trademark registration of a collective trademark or an applicat ion for trademark registration of a 
regionally based collective trademark.  
(4) The conversion of an application for trademark registration pursuant to the provisions of the preceding three 
paragraphs may not be made after an examiner's decision or a trial decision on the application for trademark 
registration becomes final and binding.  
(5) Where the conversion of an application for trademark registration is made pursuant to paragraphs (1) to (3), the 
original application for trademark registration shall be deemed to have been withdrawn.   
 
 
 
 
12 (6) The provisions of Articles 10(2) and 10(3) shall apply mutatis mutandis to the conversion of an application for 
trademark registration pursuant to paragraphs (1) to (3).  
 
Article 12  (1) An applicant for a defensive mark registration may convert such an application into an application for 
trademark registration.  
(2) The conversion of an application pursuant to the preceding paragraph may not be made after an examiner's decision 
or a trial decision on t he application for a defensive mark registration becomes final and binding.  
(3) The provisions of Articles 10(2), 10(3) and 11(5) shall apply mutatis mutandis to the conversion of an application 
pursuant to paragraph (1).  
 
(Laying open of application)  
Article 12 -2 (1) Where an application for trademark registration is filed, the Commissioner of the Patent Office shall 
lay open the trademark application.  
(2) The laying open of a trademark application shall be effected by stating the following matters in the Trademark 
Gazette; provided, however, that this shall not apply to the matters listed in items (iii) and (iv), where the 
Commissioner of the Patent Office 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 application 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 applicati on 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 provided by Ordinance  of the Ministry of Economy, Trade and Industry" in Article 43(1) of 
the said Act shall be deemed to be replaced with "at the time of filing of the application for trademark registration,"  
"the description, scope of claims for patent or claim of utility model and drawings" in paragraph (2) of the said 
Article shall be deemed to be replaced with "the statement of the trademark for which registration is sought and the 
designated good s or desig nated services," "one year and four months from the earliest of the following dates" in 
paragraph(2) of the said Article  shall be deemed to be replaced with "three months from the filing date of an 
application for trademark registration"; "a person who has  received a notice provided under the preceding 
paragraph" in paragraph  (7) of the said Article shall be deemed to be replaced with "where a person who submits 
the document s under paragraph (2) is unable to submit the document s under the said paragraph wit hin the time limit 
provided in the said paragraph, even after the expiration of the said time limit," "the docu ments  specified in 
paragraph (2) or the document specified in paragraph (5)" in paragraph(7) of the said Article shall be deemed to be 
replaced w ith "the documents specified in the said paragraph as provided by Ordinance  of the Ministry of Economy, 
Trade and Industry"; "a person who has received a notice provided under paragraph (6)" in paragraph(8) of the said  
 
 
 
 
13 Article shall be deemed to be replace d with "a person who submits the documents  under paragraph (2),"  "the 
documents  specified in paragraph (2) or the document specified in paragraph (5)" in paragraph(8) of the said Article 
shall be deemed to be replaced with  "the documents  specified in parag raph (2)," "the documents or the document" 
in paragraph(8) of the said Article shall be deemed to be replaced with "the documents"; "the documents specified 
in paragraph (2) or the document specified in paragraph (5)" in paragraph  (9) of the said Article s hall be deemed to 
be replaced with "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 
Contracting Parti es to the Trademark Law Treaty"; "or nationals of members of the World Trade Organization" in 
the same paragraph shall be deemed to be replaced with "nationals of members of the World Trade Organization or 
nationals of Contracting Parties to the Trademark Law Treaty"; "preceding two Articles" in paragraph (3) of the 
said Article shall be deemed to be replaced with "Article 43"; and "preceding two paragraphs" in paragraph (3) of 
the said paragraph  shall be deemed to be replaced with "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 monet ary claim, etc. prior to registration of establishment of trademark right)  
Article 13 -2 (1) Where an applicant for trademark registration issues a warning after filing an application for trademark 
registration by presenting a document stating a description  of the application, the applicant may claim against any 
person who uses the trademark pertaining to the application, for the designated goods or designated services in the 
application during the period from the warning to the registration of establishment  of the trademark right, the 
payment of money in the amount equivalent to the loss incurred in the course of business due to 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) shall not preclude the exercise of the trademark right.  
(4) The right to claim under paragraph (1) shall be deemed never to have arisen in any of the following cases: where 
an application for trademark registration is abandoned, withdrawn or dismissed; where an examiner's decision or a 
trial decision to the effect that an application for trademark registration is to be refused becomes final and binding; 
where a ruling to rescind  a trademark under Article 43 -3(2) becomes final and binding; or where, 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 -2-11, 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 A ct as applied mutatis mutandis under Article 56(1) of this Act and Articles 719 and 724 
(Tort) of the Civil Code (Act No.89 of 1896) shall apply mutatis mutandis to the exercise of the right to claim under 
paragraph (1). In this case, where prior to the re gistration of the establishment of the trademark right, the person 
having the right to claim becomes aware of the fact that the trademark in connection with the application for 
trademark registration is used, and the identity of the person using the tradem ark, the term "by the victim or his/her 
legal representative 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 be deemed to be replaced with "by the perso n having the 
right to claim within three years from the date of the registration of the establishment of the trademark right."   
 
 
 
 
14  
CHAPTER III EXAMINATION  
 
(Examination by an examiner)  
Article 14  The Commissioner of the Patent Office shall direct the examinat ion of applications for trademark 
registration by an examiner.  
 
(Examiner's decision of refusal)  
Article 15  Where an application for trademark registration falls under any of the following items, the examiner shall 
render a decision to the effect that the application is to be refused:  
(i) the trademark pertaining to an application for trademark 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 und er 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 releva nt 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 t he effect that an application is to be refused, the 
examiner shall notify the applicant for trademark registration of the reasons for refusal and provide the applicant 
an opportunity to submit a written opinion, designating a reasonable time limit for such  purpose.  
 
Article 15 -3 (1) Where a trademark pertaining to an application for trademark registration is identical with, or similar 
to, another person's trademark pertaining to an application for trademark registration filed prior to the filing date of 
the said application, if the said trademark is used for goods or services identical with, or similar to, the designated 
goods or designated services pertaining to such other person's trademark, the examiner may notify the applicant for 
trademark registration of the fact that the said application for trademark registration will fall under Article 15(i) 
when the said other person's trademark is registered, and provide the applicant with an opportunity to submit a 
written opinion, designating a reasonable time li mit for such purpose.  
(2) Where the notification set forth in the preceding paragraph has already been served and the said other person's 
trademark is registered, the examiner shall not be required to serve the notification set forth in the preceding Artic le. 
 
(Examiner's decision of trademark registration)  
Article 16  Where no reasons for refusal are found in connection with an application for trademark registration within 
the time limit provided by Cabinet Order, the examiner shall render a decision to the  effect that the trademark is to 
be registered.  
 
(Dismissal of amendment)   
 
 
 
 
15 Article 16 -2 (1) Where an amendment made to the designated goods or designated services, or to the trademark for 
which registration is sought as stated in the application, is considered to cause any change of the gist thereof, the 
examiner shall dismiss the amendment by a ruling.  
(2) The ruling dismissing an amendment under the preceding paragraph shall be made in writing and state reasons 
therefor.  
(3) Where a ruling dismissing an amendment under paragraph (1) is rendered, the examiner shall not render any 
decision on the said application for trademark registration before the expiration of a three -month  period from the 
date of service of a transcript of the ruli ng. 
(4) Where an applicant for trademark registration files a request 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 application of the Patent Act)  
Article 17  The provisions of Articles 47(2) (Qualification of Examiners), 48 (Exclusion of Examiners), 52 (Formal 
Requirements for Examination) and 54 (Relationship with Litigation) of the Patent Act shall apply mutatis mutandis 
to the examination of applications for trademark registration.   
 
(Mutatis mutandis application of the Design Act)  
Article 17 -2 (1) The provision of Article 17 -3 (New Application for Designs as Amended) of the Design Act (Act No. 
125 of 1959) shall apply mutatis mutandis to the case where an amendment is dismissed by a ruling pursuant to 
Article 16 -2(1) of this Act.  
(2) The provision of Article 17 -4 of the Design Act shall apply mu tatis mutandis to the case of an extension of the 
time limit provided in Article 17 -3(1) of the Design Act as applied mutatis mutandis to the preceding paragraph or 
Article 55 -2(3) (including its mutatis mutandis application under Article 60 -2(2)) of this Act. 
 
CHAPTER IV TRADEMARK RIGHT S 
Section 1 Trademark Right s 
 
(Registration of establishment of trademark right)  
Article 18  (1) A trademark right shall arise upon registration of establishment of such right.  
(2) Where the registration fee under Article 40( 1) or the registration fee due and payable within thirty days from the 
date of service of a transcript of an examiner's decision or a trial decision to the effect that a trademark is to be 
registered pursuant to Article 41 -2(1) is paid, the establishment o f 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 residence of the holder of trademark right;  
(ii) the  number and date of the application for trademark registration;  
(iii) the trademark stated in the application;  
(iv) the designated goods or designated services;  
(v) the registration number and the date of registration of establishment; and   
 
 
 
 
16 (vi) other necessary matters in addition to those listed in the preceding items.  
(4) The Commissioner of the Patent Office shall make application documents and their annexed articles available for 
public inspection at the Patent Office for two months from the date of  issuance of the trademark bulletin containing 
matters listed in each item of the preceding paragraph (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 likely to damage the reputation or disturb the peaceful existence of an individual or to cause damage 
to public policy, and the Commissioner of the Patent Office finds necessary to be kept confidential.  
(5) Wher e 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 the Pate nt Office finds necessary to be kept confidential pursuant to the proviso set forth in 
the preceding paragraph, the Commissioner of the Patent Office shall notify the person who submitted the 
documents or the articles thereof and the reasons therefor.  
 
(Duration)  
Article 19  (1) The duration of a trademark right shall expire after ten years from the date of registration of 
establishment of such right.  
(2) The duration of a trademark right may be renewed by the holder of trademark right by filing an applicati on for 
registration of renewal.  
(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 renewal of the duration of a trademark right shall submit to 
the Commissioner of the Patent Office an application stating 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 two items, the matters provided by Ordinance  of the 
Ministry of Economy, Trade and Industry.  
(2) An application for registration of renewal sha ll be filed during 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 application for registration of renewal within the ti me 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 
said time limit.  
(4) W here the holder of trademark right fails to file an application for registration of renewal within the time limit for 
such request pursuant to the provision of the preceding paragraph, the trademark right shall be deemed to have been 
extinguished retroacti vely from the time of the expiration of its duration.  
 
(Restoration of trademark right)   
 
 
 
 
17 Article 21  (1) Where the original holder of a trademark right which was deemed to have been extinguished pursuant 
to Article 20(4) has justifiable reasons for having be en unable to file an application for registration of renewal 
within the time limit for such application pursuant to Article 20(3), the original holder of the trademark right may 
file the said application only within the time limit as provided in Ordinance  of the Ministry of Economy, Trade and 
Industry.  
(2) Where an application for registration of renewal is filed under 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 to Article 21(2) may not extend to the following acts 
committed after the expiration of the time limit for the filing of the application for registration of renewal provided 
in Article 20(3) and before the registration of renewal of the duration of the trademark right by the application 
under Article 21(1):  
(i) the use of the registered trademark in connection with the designate d goods or designated services; 
and 
(ii) the acts provided for in each item of Article37.  
 
(Registration of renewal of duration)  
Article 23  (1) Where the registration fee under Article 40(2) or the registration fee due and payable at the time of filing 
of the application for registration of renewal pursuant to the provision of Article 41-2(7) is paid, the renewal of the 
duration of the trademark right shall be registered.  
(2) Notwithstanding the preceding paragraph, where an application for registration of renewal is filed pursuant to 
Article 20(3) or 21(1), the renewal of the duration of the trademark right shall be registered at the time of payment 
of the registration fee under Article 40(2) and the registration surcharge under Article 43(1), or the regist ration fee 
due and payable at the time of filing of the application for registration of renewal under Article 41-2(7) and the 
registration surcharge under Article 43(2).  
(3) Upon registration as set forth under the preceding two paragraphs, the following matters shall be published in the 
trademark bulletin:  
(i) the name and the domicile or residence of the holder of trademark right;  
(ii) the registration number and the date of registration 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 good s or designated services.  
(2) Where a request for a trial is filed under Article 46(3) , the division provided for in the preceding paragraph may 
be made even after the extinguishment of the trademark right, provided that a trial, retrial or court proceedin g in 
connection with the case is pending.  
 
(Transfer of trademark right)   
 
 
 
 
18 Article 24 -2 (1) Where there are two or more designated goods or designated services, the trademark right may be 
divided into each of the designated goods or services in transferring such right.  
(2) A trademark right in connection with an application for trademark registration which falls under Article 4(2) filed 
by the State, a local government, an agency thereof, or a non -profit organization undertaking a business for public 
interest  may not be assigned.  
(3) A trademark right in connection with an application for trademark registration that falls under Article 4(2) filed by 
a non -profit enterprise undertaking a business for public interest, may not be transferred unless the business i s 
transferred together with such right.  
(4) A trademark right in connection with a regionally based collective trademark may not be assigned.  
 
(Transfer of collective trademark right)  
Article 24 -3 (1) Upon transfer, the trademark right to a collective 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 collective trademark desires to transfer the collective trademark right, th e said right 
holder shall submit an application for registration of transfer accompanied by a document stating thereof, and the 
documents provided in Article 7(3), to the Commissioner of the Patent Office.  
 
(Request for indication to prevent confusion aris ing from transfer of trademark right)  
Article 24 -4 Where, as a result of transfer of a trademark right, the trademark right to a similar registered trademark 
to be used in connection with identical goods or services, or the trademark right to an identical or similar registered 
trademark to be used in connection with similar goods or services becomes owned by a different holder of trademark 
right, if the use of one of such registered trademarks for its designated goods or designated services by its holder 
of trademark right, exclusive right to use or non -exclusive right to use is likely to damage business interests (limited 
to those pertaining to the designated goods or designated services using the said other registered trademark) of the 
other holder of trad emark right or of exclusive right to use, the other holder of trademark right or of exclusive right 
to use may 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 services pertaining to the business of 
the other party and those of its own.  
 
(Effects of trademark right)  
Article 25  The holder of trademark right shall have an exclusive right to use the registered trademark in connection 
with the designated goods or designated services; provided, however, that where an exclusive right to use the 
trademark is established in connection with the trademark right, this provision shall not apply to the extent that the 
holder of exclus ive right to use has an exclusive right to use the registered 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 part of other t rademarks):  
(i) a trademark indicating, in a common manner, one's own portrait, name, famous pseudonym, 
professional name, pen name or famous abbreviation thereof;   
 
 
 
 
19 (ii) a trademark indicating, in a common manner, the common name, place of origin, place of sale, 
quality, raw materials, efficacy, intended purpose, shape,  the method or features including time  of 
production or use , quantity or price  of the designated 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 provision , quantity or price  of services similar to the 
designated goods;  
(iii) a trademark indicating, in a common manner, the common name, location of pro vision, quality, 
articles to be used in such provision, efficacy, intended purpose,  modes,  method or features including 
time, quantity or price  of provision of the designated services or services similar thereto, or the 
common name, place of origin, place of sale, quality, raw materials, efficacy, intended purpose, 
modes , the method or  features including time  of production or use , quantity or price  of goods similar 
to the designated services;  
(iv) a trademark customarily used for the designated goods or des ignated 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 preceding items , a trademark which is not used in such a 
mode that consumers may recognize the goods or services as those pertaining to the business of a 
particular person.  
(2) Item (i) of the preceding paragraph shall not apply where, after the registration of establish ment of the trademark 
right, one's own portrait, name, famous pseudonym, professional name, pen name or famous abbreviation thereof 
is used for the purpose of unfair competition.  
(3) A trademark right shall have no effect against any of the following acts;  provided, however, that this shall apply only 
if such act is not performed for the purpose 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 a nd Fishery Products and Foodstuffs (Act No. 84 of 2014; hereinafter referred to as the " Specific 
Agricultural, Forestry and Fishery Product Name Protection Act ") (hereinafter referred to as a "geographical 
indication" in the following item and item (iii)) to goods or packages of goods pursuant to the provisions of Article 
3(1) of the said Act (including cases where applied mutatis mutandis pursuant to Article 30 of the said Act following 
the deemed replacement of terms; the same shall apply in the following  item and item (iii));  
 (ii) to assign, deliver, display for the purpose of assignment or delivery, import or export goods or packages of goods to 
which a geographical indication has been affixed pursuant to the provisions of Article 3(1) of the Specific A gricultural, 
Forestry and Fishery Product Name Protection Act ; or 
 (iii) to display an invoice of goods with a geographical indication affixed thereto pursuant to the provisions of Article 
3(1) of the Specific Agricultural, Forestry and Fishery Product Name Protection Act . 
 
(Scope of registered trademark, etc.)  
Article 27  (1) The scope of a registered trademark shall be determined based on the trademark stated in the application.  
(2) The scope of the designated goods or designated services shall be determined based on the statement in the 
application.   
 
 
 
 
20 (3) In the case of paragraph (1), meanings of statement of the trademark stated in the application shall 
be interpreted by considering the statement 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 under the preceding paragraph, the Commissioner of the Patent Office shall designate 
three administrative j udge s and have them make an advisory opinion.  
(3) Articles 71(3) and 71(4) of the Patent Act shall apply mutatis mutandis to the advisory opinion provided for in 
paragraph (1).  
 
Article 28 -2 (1) Where the Commissioner of the Patent Office is commissioned b y a court to provide an expert opinion 
on the effects of a trademark right, the Commissioner shall designate three administrative judge s and have them 
provide such expert opinion.  
(2) Articles 71 -2(2) of the Patent Act shall apply mutatis mutandis to the c ommissioned 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 particular manner in connection with its designated goods or 
designa ted services conflicts with another person's right to a patent, utility model or design for which an application 
has been filed prior to the filing date of an application of the said registered trademark or upon another person's 
copyright or neighboring ri ght arising prior to the filing date of the same, the holder of trademark right, exclusive 
right to use or non -exclusive right to use may not use the registered trademark in the same manner on the conflicting 
part of the designated goods or designated serv ices.  
 
(Exclusive right to use)  
Article 30  (1) The holder of trademark right may establish an exclusive right to use to the trademark to which he/she 
holds the right; provided, however, that this provision shall not apply to the trademark right pertaining to an 
application for trademark registration provided in Article 4(2) or a regionally based collective trademark.  
(2) The holder of exclusive right to use shall have an exclusive right to use a registered trademark in connection with 
the designated goods o r designated services to the extent provided by the agreement under which such right is 
granted.  
(3) The exclusive right to use may be transferred only where the consent of the holder of trademark right is obtained 
or where the transfer falls under general  succession including inheritance.  
(4) Articles 77(4) and 77(5) (establishment of pledge, etc.), 97(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)  
Article 31  (1) The holder of trademark right may grant to another 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 right to use the registered trademark for the designated 
goods or designated services to the extent provided by the agreement under which such right is granted.   
 
 
 
 
21 (3) A non -exclusive right to use may be transferred only where the consent of the holder of trademark right (the  holders 
of trademark right and of exclusive right to use in the case of a non -exclusive right to use granted in connection 
with an exclusive right to use) is obtained or where the transfer falls under general succession including inheritance.  
(4) When a n on-exclusive right to use is registered,  the non -exclusive right to use shall have effect on any person who 
subsequently acquires the trademark r ight or the exclusive right to use, or the exclusive right to use on the trademark 
right.  
(5) The transfer, mod ification, extinguishment or restriction on disposition of a non -exclusive right to use shall have 
no effect on any third party unless registered.  
(6) Articles 73(1) (joint ownership), 94(2) (establishment of right of pledge) and 97(3) (waiver) of the Patent Act shall 
apply mutatis mutandis to a non -exclusive right to use.  
 
(Right of members of corporation or association)  
Article 31 -2 (1) Members of a juridical person provided in Article 7(1) holding a trademark right to a collective 
trademark (hereinaf ter referred to as "collective members") or members of an association, etc. holding a trademark 
right to a regionally based collective trademark (hereinafter referred to as "regional collective members") shall have 
the right to use a registered trademark r elating to collective trademark or regionally based collective trademark for 
the designated goods or designated services as provided by the said juridical person or association, etc.; provided, 
however, that in the case and only to the extent that an exclu sive 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 clause of the preceding paragraph may not be transferred.  
(3) For the purpose of a pplication of Articles 24 -4, 29, 50, 52 -2, 53 and 73, collective members or regional collective 
members shall be deemed to be holders of non -exclusive right to use.  
(4) For the purpose of the application of Article 33(1)(iii) in relation to registered trad emarks in connection with 
collective trademarks and regionally based collective trademarks, "or a person who has the non -exclusive right to 
use which is effective regarding the trademark right or the exclusive right to use under Article 31(4) of this Act. " 
in the said item shall read, "or a person who has the non -exclusive right to use which is effective regarding the 
trademark right or the exclusive right to use under Article 31(4) of this Act, or collective members or regional 
collective members who have  the right to use the said trademark."  
 
(Right to use trademark arising from prior use)  
Article 32  (1) Where a trademark identical with, or similar to, the trademark for which the application is filed by 
another person has been used in Japan in connection with the designated goods or designated services of the 
trademark for which the application is filed, or in connection with goods or services similar thereto, without any 
intention to be engaged in unfair competition, from the time prior to the filing of s uch other person'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 wr itten amendment, 
if the application for trademark registration is deemed to have been filed at the time of submission of a written 
amendment under Article 9 -4 of this Act or Article 17 -3(1) of the Design Act as applied mutatis mutandis under 
Article 17 -2(1) or 55 -2(3) of this Act (including its mutatis mutandis application under Article 60 -2(2))), such 
trademark has become well known among consumers as that indicating goods or services pertaining to the business  
 
 
 
 
22 of the person, the person shall have the righ t to use the trademark in connection with such goods or services as far 
as the said person continuously uses the trademark for the goods or services.  The same shall apply to those by whom 
such business is succeeded.  
(2) The holder of trademark right or of exclusive right to use may request the person who has the right to use the 
trademark pursuant to the preceding paragraph to affix an indication that may sufficiently prevent any confusion 
between the goods or services 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 trademark identical with, or similar to, a regionally based 
collective trademark for which an application for registration is filed by another person in connection wit h the 
designated goods or designated services for which the application for trademark registration is filed, or in 
connection with goods or services similar thereto, without any intention to be engaged in unfair competition, prior 
to the filing of such oth er person's application for trademark registration of the said regionally based collective 
trademark, shall have the right to use the trademark in connection with such goods or services as far as the said 
person continuously uses the trademark in connectio n with such goods or services.  The same shall apply to those 
by whom such business is succeeded.  
(2) The holder of trademark right may request the person who has the right to use the trademark pursuant to the 
preceding paragraph to affix an indication that  may sufficiently prevent any confusion between the goods or services 
pertaining to the business of the said person and those of its own or its members.  
 
(Right to use trademark arising from use prior to registration of request for invalidation trial)  
Article 33  (1) Where, prior to the registration of a request for a trial provided for in Article 46(1), a person falling 
under any of the following items has been using in Japan a registered trademark or a trademark similar thereto in 
connection with the d esignated goods or designated services or goods or services similar thereto without the 
knowledge that the said trademark registration falls under any of the items of the said paragraph, and the said 
trademark has become well known among consumers as that indicating goods or services pertaining to its business, 
the person shall have the right to use the trademark in connection with such goods or services as far as the said 
person continuously uses the trademark for such goods or services; the same shall app ly to those by whom such 
business is succeeded:  
(i) the original holder of trademark right, where one of two or more trademark registrations for identical 
or similar trademarks to be used in connection with identical or similar designated goods or 
designat ed 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 trademark to be used in connection with identical or 
similar designated  goods or designated services is registered for the person who is entitled to such a 
trademark; or  
(iii) in the case of the preceding two items, a person who, at the time of registration of the request for 
a trial under Article 46(1), has the exclusive rig ht 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 right or the exclusive right to use under Article 31(4) of this Act.   
 
 
 
 
23 (2) The said holder of trademark right or of exclusive right to use shall be entitled to receive reasonable compensation 
from the person who has the right to use the trademark pursuant to the preceding paragraph.  
(3) Article 32(2) shall apply 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 has been filed prior to or on the same date as the filing date 
of an application for trademark regi stration conflicts with the trademark right of the application for trademark 
registration, upon expiration of the duration of the said patent right, the original patent right holder shall have the 
right to use the registered trademark or a trademark simila r thereto in connection with the designated goods or 
designated services specified in the application, or goods or services similar thereto, within the limits of the original 
patent right; provided, however, that such trademark is not used for the purpose of unfair competition.  
(2) Article 32(2) shall apply mutatis mutandis to the preceding paragraph.  
(3) The preceding two paragraphs shall 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 trademark 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 has been filed prior to or on the same date as the filing date 
of an application for trademark registration conflicts with the trademark right of the application for trademark 
registration, upon expiration 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 exclusive license to work the patent right, or a non -exclusive license to work 
which is effective on the patent right or on the exclus ive 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 goods or designated services specified in the application for tradem ark registration, or goods or services 
similar thereto; provided, however, that such trademark is not used for the purpose of unfair competition.  
(2) Articles 32(2) and 33(2) shall apply mutatis mutandis to the preceding paragraph.  
(3) The preceding two pa ragraphs shall apply mutatis mutandis, where a utility model or a design right of an application 
which has been filed prior to or on the same date as the filing date of an application for trademark registration 
conflicts with the trademark right of the app lication 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 right, exclusive right to use or non -exclusive right to use, 
unless oth erwise provided for by contract, the pledgee may not use the registered trademark in connection with the 
designated goods or designated services.  
(2) The establishment, transfer, modification, extinguishment or restriction on disposition of a pledge on a n on-
exclusive right to use shall have no effect on  any third party without registration.  
(3) Article 96 (subrogation) of the Patent Act shall apply mutatis mutandis to pledges on a trademark right, exclusive 
right to use or non -exclusive right to use.   
 
 
 
 
24 (4) Article 9 8(1)(iii) and (2)  (effects of registration) of the Patent Act shall apply mutatis mutandis to pledges on a 
trademark right or exclusive right to use.  
 
(Mutatis mutandis application of the Patent Act)  
Article 35  Article 73 (co-ownership), 76 (Lapse of patent rights in absence of heir), 97(1) (waiver), and 98(1)(i) and 
98(2) (Effect of registration) of the 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 Patent Act 
shall be deemed to be replaced with "division and transfer (excluding those by general succession including 
inheritance)."  
 
Section 2 Infringement of Rights  
 
(Right to demand injunct ion) 
Article 36  (1) The holder of trademark right or of exclusive right 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.  
(2) In making such a deman d under the preceding paragraph, the holder of trademark right or of exclusive right to use 
may demand the person to take measures necessary for the prevention of such infringement, including the 
destruction of articles which constitute the act of infringe ment and the removal of equipment used for or 
contributing to the act of infringement.  
 
(Acts deemed to constitute infringement)  
Article 37  The following acts shall be deemed to constitute infringement of a trademark right or an exclusive right to 
use: 
(i) the use of a trademark similar to the registered trademark in connection with the designated goods 
or designated services, or the use of the registered trademark or a trademark similar thereto in 
connection with goods or services similar to the designa ted goods or designated services;  
(ii) the possession for the purpose of assignment, delivery or export of the designated goods, or goods 
similar to the designated goods or designated services, affixed with the registered trademark or a 
trademark similar t hereto on the goods or their packages;  
(iii) the possession or importation of articles affixed 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 desi gnated services or the designated goods by a person who receives the said services, for the 
purpose of the provision of the said services through use of the said articles;  
(iv) the assignment, delivery, or possession or importation for the purpose of assig nment 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 rec eives the said services, for the purpose of causing the provision 
of the said services through use of the said products;   
 
 
 
 
25 (v) the possession of products indicating the registered trademark or a trademark similar thereto, for 
the purpose of using the registe red 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 
indicatin g the registered trademark or a trademark similar thereto, for the purpose of causing the 
registered trademark or a trademark similar thereto to be used in connection with the designated 
goods or designated services, or goods or services similar thereto;  
(vii) the manufacture or importation of products indicating the registered 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 designated goo ds or designated services or goods 
or services similar thereto; and  
viii) the manufacture, assignment, delivery or importation, as a business, of products to be used 
exclusively for the manufacturing of products indicating the registered trademark or a tra demark 
similar thereto.  
 
(Presumption of amount of damage, etc.)  
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 infringe ment of the trademark right or the exclusive 
right to use, and the infringer assigned the goods that constitute  the act of infringement, the amount of damage 
sustained by the holder of trademark right o r of exclusive right to use may be presumed to be the total of the amounts 
provided in each of the following items.  
(i)the amount of profit per unit of goods  which would have been sold by the holder of trademark right or of exclusive 
right to use if there had been no such act of infringement, multiplied by the portion not exceeding the quantity (if 
there are circumstances due to which the holder of trademark  right or of exclusive right  to use  would have been 
unable to sell the quantity of goods  equivalent to all or part of the portion, the quantity due to such circumstances 
(referred to as “specified quantity ” in the same item) shall be deducted) proportionate to the ability of the holder 
of trademark  right or of exclusive right  to use  to work t he 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 “assig ned quantity ”) ; 
(ii) the  amount equivalent to the amount of money to be received 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 quantity that exceeds  
the usage quantity within  the assigned quantity , or a specified quantity ( except in the case where it is not recognized 
that the holder of trademark  right or of exclusive right to use woul d have been able to establish the exclusive right 
to use  or grant a  non-exclusive right to use  on the trademark right of the holder of trademark right, or grant a non -
exclusive right to use  on the exclusive right to use  of the holder of  exclusive right to use ) .) 
(2) Where the holder of trademark right or of exclusive right to use claims against an infringer compensation for 
damage sustained as a result of the intentional or negligent infringement of the trademark right or the exclusive 
right to use, and the infringer earned profits from the act of infringemen t, 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.   
 
 
 
 
26 (3) The holder of trademark right or of exclusive right to use may claim against an infri nger compensation for damage 
sustained as a result of the intentional or negligent infringement of the trademark right or the exclusive right to use, 
by regarding the amount the holder of trademark right or of exclusive right to use would have been entitle d to 
receive for the use of the registered trademark as the 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  agrees with the infringer  on the premise that the trademark right or exclusive right to use have 
been infringed as per the compensation of the use of the registered tradema rk relating to the trademark right or the 
exclusive right to 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 righ t 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 use, 
and the infringement has been committed  by using a registered trademark (i ncluding a trademark deemed identical 
from a common sense perspective with the registered trademark, including a trademark consisting of characters 
identical with the registered trademark but in different fonts, a trademark that is written in different cha racters, 
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 figures that are 
considered ide ntical 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 services , the amount of damage sustained by the holder 
of trademark right or of exclusive right to use may be presumed to be the amount equivalent to the expenses 
normally required for the acquisition and maintenance of the trademark right.  
(6) Paragraph (3) and t he preceding paragraph shall not prevent any relevant party from claiming compensation f or 
damage in an amount exceeding the amount provided therein. In this case, where the infringer committed the 
infringement of the trademark right or the exclusive right to use without intent or gross negligence, the court may 
take these circumstances into consideration in determining the amount of damages to be awarded.  
 
(Limitation to assertion)  
Article 38 -2 Where the following trial decisions or rulings have become final and binding after the final judgment on 
a litigation pertaining to infringement of the trademark right or the exclusive right to use or to a claim for payment 
of money as provided in Article 13 -2(1) (including cases where it is applied mutatis mutandis in Article 68(1)) has 
become final and binding, a person who was a par ty of the said litigation may not claim that the said trial decisions 
or rulings have become final and binding in the appeal 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 which the said litigation is the case and appeals for the purpose of the claim of the compensation for 
damages and the return for unjust enrichment against an obligee of the case of provisional disposit ion 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 application of the Patent Act)   
 
 
 
 
27 Article 39  Articles 103 (Presumption of negligence), 104 -2 (Obligation to clarify the specific condition); 104 -3(1) and 
(2) (Restriction on exercise of rights of patentee, etc.) , 105 (Production of documents, etc.), 105-2-11 to 105 -6 
(Expert opinion for calculation of damages; Determination of reasonable damages; Protective order; Rescission of 
protective order and Notice, etc. of a request inspect ion of  record, etc.) and 106 (Measures to restore credibility) of 
the P atent 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 obtaining the registration of establishment of a trademark right shall pay as a registration fee 
for each trademark registration the amount of 28,200 yen multiplied by the number of classes (referring to classes 
of goods and services provided by Cabinet Order provided for in Article 6(2), to which the designated goods or 
designated services belong; the same shall apply hereinafter).  
(2) A person filing a request for the registration of renewal of the duration of a trademark right shall pay as a 
registration fee for each trademark registration the amount of 38,800  yen multiplie d by the number of classes.  
(3) The preceding two paragraphs shall not apply to trademark rights belonging to the State.  
(4) Where a trademark right is jointly owned by the State and a person or persons other than the State, and the portion 
of their respec tive shares of the said trademark right has been agreed, notwithstanding paragraphs (1) and (2), the 
registration fee provided for in the said paragraphs shall be the amount of the registration fee provided in the said 
paragraphs multiplied by the total ra tio of the share of each person other than the State, which shall be paid by the 
person or persons other than the State.  
(5) Any fractional figures of the registration fee calculated in accordance with the preceding paragraph smaller than 
10 yen, if any, shall be discarded.  
(6) The registration fee provided for in paragraphs (1) and (2) shall be paid by patent revenue stamps as provided by 
Ordinance  of the Ministry of Economy, Trade and Industry; provided, however, that the payment may be made in 
cash if permitted under the Ordinance  of the Ministry of Economy, Trade and Industry.  
 
(Time limit for payment of registration fees)  
Article 41  (1) The regi stration fee under Article 40(1) shall be paid within 30 days from the service of a transcript of 
an examiner's decision or a n appeal/trial  decision to the effect that a trademark is to be registered.  
(2) Upon the request of a person required to pay the re gistration fee, the Commissioner of the Patent Office may extend 
the period of time provided in the preceding paragraph by a maximum of 30 days.  
(3) Where a person required to pay the registration fee  is unable to pay the registration fee within the time l imit under 
paragraph (1) (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 registration 
fee only within the time limit as provided in Ordinance  of the Ministry of Economy, Trade and Industry, even after 
the expiration of the time limit . 
(4) Where, due to reasons beyond the control of a person required to pay a registration fee, the person is unable to pay 
the registration fee within the time limit for payment of the registration fee provided in the preceding paragraph, 
the said person may, notwithstanding the provisions of the said paragraph, pay the registration fee within 14 days  
 
 
 
 
28 (two months for resident ab road) 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 the time of filing of a request for re newal of registration.  
 
(Payment of registration fee by installments)  
Article 41 -2 (1) Notwithstanding Article 40(1), a person obtaining a registration of establishment of a trademark right 
may pay the prescribed registration fee by installments. In this c ase, 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 shall be paid for each trademark registration no later than five years prior to the expiration 
of the duration of the trademark right.  
(2) Upon the request of a person required to pay the registration fee  to be paid 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  has 
been made under the preceding paragraph (hereinafter, referred to as "an e arlier -installation registration fee") , the 
Commissioner of the Patent Office  may extend the time limit as provided in the said paragraph  by a period not 
exceeding 30 days.  
(3) Where a person required to pay an earlier -installment registration fee  is unabl e 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 paragraph is 
extended, within the extended time limit), the said person may, in accordance with Ordinance  of the Minist ry of 
Economy, Trade 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 expiration of the time limit . 
(4) Where, due to reasons beyon d the control of a person required to pay an earlier -installment registration fee, the 
person is unable to pay the earlier -installment 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 registration fee within 14 days (two months for a resident abroad) from the date on which the reasons for not 
paying the fee ceased to be applicable, but not later than six months after the exp iration of the said time limit.  
(5) Where a person required to pay a registration fee due and payable no later than five years prior to the expiration of 
the duration of the trademark right under paragraph (1) (hereinafter referred 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 registration fee and the registration surcharge under Article 43 (3) have not been paid 
within the time limit for late payment of the later -installment registration fee under the preceding paragraph, the 
trademark right shall be deemed to have been extinguished retroactively upon the day which is five years prior to 
the expiration of the duration of the  trademark right . 
(7) Notwithstanding Article 40(2), a person filing a request for the registration of renewal of the duration of a trademark 
right may pay the prescribed registration fee by installments. In this case, the said applicant shall pay 22,600  yen 
multiplied by the number of classes for each trademark registration at the time of filing of the request for the 
registration of renewal, and an additional 22,600  yen multiplied by the number of classes for each trademark 
registration no later t han five years prior to the expiration of the duration of the trademark right.   
 
 
 
 
29 (8) The provisions of paragraphs ( 5) and (6) shall apply mutatis mutandis to the case where late payment of the 
registration fee to be paid not later than five years prior to th e 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 right 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 
extinguishe d pursuant to Article 41 -2(6) has justifiable reasons for having been unable to pay the later -
installment registration fee and the registration surcharge under Article 43(3)  within the time limit for 
late payment of the later -installment registration fee a s 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 within the time limit provided by Ordinance  of the Ministry of 
Economy, Trade and Industry.  
(2) Where a late payment  of the later -installment registration 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 expiration of the duration.  
(3) The provisions of the preceding two paragraphs shall apply mutatis 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 and the registration surcharge under Article 43(3) are made under paragraph 
(7) of the preceding Article.  
 
(Limitations of effects of trademark right restored by late payment  of a later -installment registration 
fee, etc.)  
Article 41 -4 The effects of a trademark right restored pursuant to paragraph (2) of the preceding Article 
may not be effective against  the following 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 trademark in connection with the designated goods or the designated 
services; and  
(ii) the acts provided for in ea ch item of Article37.  
(2) The provision of the preceding paragraph shall apply mutatis mutandis to the effects of a trademark 
right restored pursuant to paragraph (2) of the preceding Article  as applied mutatis mutandis pu rsuant 
to paragraph (3) of the pre ceding Article . 
 
(Payment of registration fee by interested person)  
Article 41 -5 (1) Any interested person may make payment of the registration fee (excluding the registration fee due 
and payable at the time of filing of a request for renewal of registrati on) even against the intention of the person by 
whom the said fee is to be paid.   
 
 
 
 
30 (2) An interested person who makes payment of the registration fee in accordance with the preceding paragraph may 
demand payment to reimburse the expense thereof from the per son 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 following registration fees are refundable 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 five 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 resc ission decision 
under Article 43 -3(2) or appeal/trial  decision to the effect that a trademark registration is to be 
invalidated becomes final and binding no later than five years prior to the expiration of the duration 
of the trademark right).  
(2) No refund of any registration fee under the preceding paragraph 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 six months  from the day on which a rescission decision under Article 43 -3(2) or a n appeal/trial  
decision becomes final and binding in the case of registration fees provided for in item (ii) of the preceding 
paragraph.  
(3) Where, due to reasons beyond the control of the person, the person filing a request for refund a registration fee is 
unable to file the request within the time limit as provided in paragraph (1), the said person may, notwithstanding 
the said paragraph, file the request within 14 days (two months for  resident abroad) from the date on which the 
reasons for not filing ceased to be applicable, but not later than six months after the expiration of the said time 
limit.  
 
(Registration surcharge)  
Article 43  (1) A person filing a request for renewal of regist ration 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 applicable, a person filing a request provided  in the preceding paragraph shall pay, in 
addition to the registration fee due and 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 Articl e 41-2(5) (including 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 be 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 in 
cash, if permitted by Ordinance  of th e Ministry of Economy, Trade and Industry.  
 
CHAPTER IV -2 OPPOSITION TO REGISTRATION  
  
 
 
 
 
31 (Opposition to registration)  
Article 43 -2 Any person may file with the Commissioner of the Patent Office an opposition to registration within two 
months from the date of p ublication of the bulletin containing the trademark, on the grounds that the trademark 
registration falls under any of the following items; in this case, an opposition to registration may be filed for each 
of designated goods or designated services if the relevant trademark has been registered in connection with two or 
more designated goods or designated services:  
(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 mutand is application under Article 52 -2(2)), 53(2) of this Act or Article 
25 of the Patent Act as applied mutatis mutandis under Article 77(3) of this Act; and  
(ii) where the trademark registration has been made in violation of a treaty.  
(iii) where the trademar k registration 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 to registration shall be conducted by a panel consisti ng 
of three or five administrative judge s. 
(2) Where the administrative judge s find the trademark registration pertaining to an opposition to registration falls 
under any of the items of Article 43 -2, the administrative judge s shall render a decision to th e effect that the 
trademark registration is to be rescinded (hereinafter referred to as "rescission decision").  
(3) Where the rescission decision becomes final and binding, the relevant trademark right shall be deemed never to 
have existed.  
(4) Where the administrative judge s find the trademark registration pertaining to an opposition to registration does not 
fall under any of the items of Article 43 -2, the administrative judge s shall render a decision to the effect that the 
trademark registration is to be maintained.  
(5) No appeal may be made against t he decision under the preceding.  
 
(Formal requirements for filing 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 domicile or residence of the opponent to the 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 registration and the indication of supporting evidence.  
(2) An amendment of the written opposition to registration submitted under the preceding paragraph shall not change 
the gist thereof.  Notwithstanding, this provision shall not apply to any amendment with respect to the matters 
provided for in item (iii) of the preceding paragraph; provided that such amendment is made no later than thirty 
days from the lapse of the term provided in Article 43 -2. 
(3) The Commissioner of the Patent Office may, upon request or ex officio, extend the period provided in the preceding 
paragraph for a person in a remote area or an area with transportation difficulties.  
(4) The chief administrative judge  shall transmit a copy of the written opposition to the holder of trademark right.   
 
 
 
 
32 (5) Article 46(4)  shall apply mutatis mutandis to the case where an opposition to registration is filed.  
 
(Designation of administrative judge s, etc.)  
Article 43 -5 Articles 1 36(2) and 137 to 144 of the Patent Act as applied mutatis mutandis under Article 56(1) of this 
Act shall apply mutatis mutandis to the panel under Article 43 -3(1) and the administrative judge s constituting 
thereof.  
 
 (Trial Clerk)  
Article 43 -5 (2) The Comm issioner of the Patent Office shall designate 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 mutandis to the trial clerk provided for in the preceding paragraph.  
 
(Proceedings of examination, etc.)  
Article 43 -6 (1) The examination of the opposition to registration shall be conducted by documentary examination; 
provided, however, that where  a petition 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 Patent  Act as applied mutatis mutandis under Article 
56(1) of this Act shall apply mutatis mutandis to a n oral examination provided for in the proviso to the preceding 
paragraph.  
(3) Where any ground for suspension or termination of procedures is applicable to o ne of the joint holders of trademark 
right for an examination and decision on an opposition to registration, the said suspension or termination shall have 
effect on all such joint holders of trademark right.  
 
(Intervention)  
Article 43 -7 (1) In an examinati on to render a decision on an opposition to registration, any person who has a right 
relating to the trademark right or any other person who has an interest in the trademark right may intervene in the 
examination in order to assist the holder of trademark right until the decision on the opposition to registration is 
rendered.  
(2) Articles 148(4), 148(5) and 149 of the Patent Act as applied mutatis mutandis under Article 56(1) of this Act shall 
apply mutatis mutandis to the intervenor provided for in the pre ceding 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 examination 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 registration, any grounds not pleaded by the holder of trademark 
right, the opponent or the intervenor may be examined.   
 
 
 
 
33 (2) In an examination of an opposition to registration, no examination shall be conducted on any designated goods or 
designated services for which the opposition to registration is not raised.  
 
(Joint or separate conduct of oppositions)  
Article 4 3-10 (1) Where two or more oppositions to registration are filed in relation to the same trademark right, unless 
special circumstances exist, the examinations thereof shall be conducted jointly.  
(2) An examination conducted jointly in accordance with the p receding paragraph may later be divided.  
 
(Withdrawal of opposition)  
Article 43 -11 (1) An opposition to registration, once filed, may not be withdrawn after the notification under Article 
43-12 is served.  
(2) Article 155(3) of the Patent Act as applied mut atis mutandis under Article 56(2) of this Act shall apply mutatis 
mutandis to the withdrawal of an opposition to registration.  
 
(Notification of reasons for rescission)  
Article 43 -12 Where the chief administrative judge  intends to render a rescission decis ion, the chief administrative 
judge  shall notify the holder of trademark right and the intervenor of the reasons for rescission of the trademark 
registration and give the said parties an opportunity to submit a written opinion, designating a reasonable tim e 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 trademark registration on which the decision was rendered;  
(iv) the conclusions of and reasons for the decision; a nd 
(v) the date of the decision.  
(2) Where a decision has been rendered, the Commissioner of the Patent Office shall serve a transcript of the decision 
to the holder of trademark right, the opponent, the intervenor and persons whose request for intervention in the 
examination on the opposition to registration has been refused.  
 
(Scope of final and binding decision)  
Article 43 -14 A decision with regard to an opposition to registration shall become final and binding for each case of 
opposition to r egistration; provided, however, that the decision with regard to an opposition to registration filed 
against the designated goods or designated services shall become final and binding for each designated goods or 
services.  
 
(Mutatis mutandis application of  provisions concerning appeal/trial )  
 
 
 
 
34 Article 43 -15 (1) Articles 133, 133 -2, 134(4), 135, 152, 168, paragraphs (3) to (6) of Article 169, and 170 of the Patent 
Act as applied mutatis mutandis under Article 56(1) of this Act shall apply mutatis mutandis to a n examination and 
a decision on an opposition to registration.  
(2) Article 43 -3(5) of this Act shall apply mutatis mutandis to a decision under Article 135 of the Patent Act as applied 
mutatis mutandis under the preceding paragraph.  
 
CHAPTER 5 TRIAL S AND APPEAL S  
 
(Appeal against  examiner's decision of refusal)  
Article 44  (1) A person who has received an examiner's decision to the effect that an application is to be refused and 
is dissatisfied may file a request for appeal against  the examiner's decis ion of refusal within three months from the 
date the transcript of the examiner's decision has been served.  
(2) Where, due to reasons beyond the control of the person, the person filing a request for a ppeal  pursuant to the 
preceding paragraph is unable to file the request within the time limit as provided in the preceding paragraph, 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 cease d to be applicable, but not later than six months after 
the expiration of the said time limit.  
 
(Appeal against  examiner's decision of dismissal of amendment)  
Article 45  (1) Any person who has received a decision of dismissal of amendments under Article 16 -2(1) and is 
dissatisfied may file a request for appeal against  the decision within three months from the date the transcript of 
the decision has been served; provided, however, that this provision shall not apply where a new application for 
trademark regi stration provided in Article 17 -3(1) of the Design Act as applied mutatis mutandis pursuant to Article 
17-2(1) of this Act is filed.  
(2) Article 44(2) shall apply mutatis mutandis to a request for a ppeal  under the preceding paragraph.  
 
(Invalidation trial  of trademark registration)  
Article 46  (1) Where a trademark registration falls under any of the following items, a request for invalidation trial  of 
the trademark registration may be filed; in this case, where the trademark has been registered in connectio n with 
two or more designated goods or designated services, a request may be filed for each of the designated goods or 
designated services:  
(i) where the trademark registration has been made in violation of Article 3, 4(1), 7 -2(1), 8(1), 8(2), 8(5), 
51(2) (including cases where it is applied mutatis mutandis pursuant to Article 52 -2(2)), 53(2) of this 
Act or Article 25 of the Patent Act as applied mutatis mutandis pursuant to Article 77(3) of this Act;  
(ii) where the trademark registration has been made in violation of a treaty;  
(iii) where the trademark registration 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 trade mark registration filed 
by a person who has not succeeded the rights deriving from the application for trademark 
registration;   
 
 
 
 
35 (v) where, after the trademark registration, the holder of trademark right has become unable to enjoy 
the trademark right pursuan t to Article 25 of the Patent Act as applied mutatis mutandis pursuant 
to Article 77(3) of this Act, or the trademark registration has become in violation of a treaty;  
(vi) where, after the trademark registration, the registered trademark has become a trad emark 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, etc. , or the registered trademark has ceased to be 
a trademark well known among consumers as that indicating goods or services in connection with 
the business of the holder of trademark right or its members, or ceases to fall under any of the items 
of Article 7-2(1).  
(2) A request for a trial under the preceding paragraph may be filed only by an interested person . 
(3) A request for a trial under paragraph (1) may be filed even after the extinguishment of the trademark right.  
(4) Where a request for a trial is filed under paragraph (1), the chief administrative judge shall notify the holder of 
exclusive right to use the trademark right relating thereto or any other person who holds any right registered with 
regard to the trademark registration, of the fact.  
 
Article 46 -2 (1) Where a trial decision to the effect that the trademark registration is to be invalidated becomes final 
and binding, the trademark right shall be deemed never to have existed; provided, however, that where the trademark 
registration falls und er any of items (v) to (vii) of paragraph (1) of Article 46 , and a trial decision to the effect that 
the trademark registration is to be invalidated becomes final and binding, the trademark right shall be deemed not 
to have existed from the time any of items (v) to (vii) of the said paragraph  first became applicable to the trademark 
registration.  
(2) In the case of the proviso to the preceding paragraph, where 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 trademark right shall be deemed 
not to have existed from the date of registration of the request for invalidation trial  of the said trademark registration.  
 
Article 47  (1) Where a trademark registration has been ma de in violation of Article 3, 4(1)(viii), 4(1)(xi) to 4(1)(xiv), 
8(1), 8(2) or 8(5), where a trademark registration has been 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 unf air competition), where a trademark 
has been registered in violation of item (xv) of the said paragraph  (excluding the case where a trademark has been 
registered for unfair purposes), or where a trademark registration falls under Article 46(1)(iv) , a reque st for a trial 
relating to the trademark registration under Article 46(1) may not be filed after a lapse of five years from the date 
of registration of the establishment of the trademark right.  
(2) Where a trademark registration has been made in violation of 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 goods or services 
in connection with the business of the applicant for the trademark registration or its members) and five years have 
lapsed from the date of registration of the establishment of the trademark right, and further the registered trademark 
is well known among consumers as that indicating goods and services in connection with the business of t he holder 
of trademark right or its members, a request for a trial pertaining to the trademark registration under Article 46(1) 
may not be filed.   
 
 
 
 
36  
Article 48 and Article 49  Deleted  
 
 (Trial for rescission of trademark registration)  
Article 50 (1) Where a registered trademark has not been used in Japan in connection with any of the designated goods 
and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right 
to use or non -exclusive right to use,  any person may file a request for a trial for rescission of 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 pr oves that any of the holder 
of trademark right, exclusive right to use or non -exclusive right to use has used the registered trademark in Japan 
in connection with any of the designated goods or designated services pertaining to the request within three yea rs 
prior to the registration of the request for the trial, the holder of trademark right may not prevent the rescission of 
the trademark registration in connection with the relevant designated goods or designated services; provided, 
however, that this shal l not apply where the demandee shows just causes for non -use of the registered trademark in 
connection with the relevant designated goods or designated services.  
(3) Where the registered trademark in connection with the designated goods or designated serv ices 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 the request, and where the demandant proves that the 
registered trademark has been used after the user became aware of the fact that the said request for a trial would be 
filed, the use of t he registered trademark shall not fall under the use of the registered trademark provided in 
paragraph (1); provided, however, that this shall not apply to the case where the demandee shows just causes for 
the use of the registered trademark.  
 
Article 51  (1) Where a holder of trademark right intentionally uses, either a trademark similar to a registered trademark 
in connection with the designated goods or designated services, or a registered trademark in connection with goods 
or services similar to the desi gnated 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, any 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 thereto in connection with the designated goods or designated services for which the trademark registration 
has been rescinded, or in connection with goods or services similar thereto, until after a lapse of five years from the 
date the trial decision to the effect that the trademark registration is to be rescinded under the preceding paragraph 
becomes final and binding.  
 
Article 52  A request for a trial under Article 51(1) may not be filed after the lapse of five years from the date on which 
the holder of trademark right ceased to use the trademark in the manner provided in the said paragraph.  
  
 
 
 
 
37 Article 52 -2 (1) Where a trademark right to a similar registered trademark to be used in connection with identical 
goods or services, or a trademark right to an identical or similar registered trademark to be used in  connection with 
similar goods or services becomes owned by a different holder of trademark right as a result of transfer of the 
trademark right, if the holder of trademark right of one of the registered trademarks uses, for the purpose of unfair 
competiti on, the registered trademark for its designated goods or designated services in a manner that causes 
confusion in connection with the goods or services pertaining to the business of the holder of trademark right, 
exclusive right to use or non -exclusive rig ht to use of the other registered trademark, any person may file a request 
for a trial for rescission of the trademark registration.  
(2) Articles 51(2) and 52 shall apply mutatis mutandis to a trial under the preceding paragraph.  
Article 53  (1) Where a hol der of exclusive right to use or non -exclusive right to use uses a registered trademark in 
connection with the designated goods or designated services or in connection with goods or services similar thereto, 
or a trademark similar thereto, in a manner that  misleads as to the quality of the goods or services or causes 
confusion in connection with the goods or services pertaining to the business of another person, any person may 
file a request for a trial for rescission of the trademark registration; provided , however, that this shall not apply to 
the case where the holder of trademark right was not aware 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 manner provided in the preceding paragraph may not be granted a registration of the same trademark or of a 
trademark similar thereto in connection with the designated goods or designated services for which the trademark 
registration has been rescinded, or in connection with goods or services similar thereto, until after the lapse of five 
years from the date the trial decision to the effect that the trademark registration is to be rescinded under the 
preceding paragraph becomes final and binding.  
(3) Article  52 shall apply mutatis mutandis to a trial under paragraph (1).  
Article 53 -2 Where a registered trademark is a trademark pertaining to a right to a trademark (limited to a right 
equivalent to a trademark right) held by a person in a country of the Union t o the Paris Convention, a member of 
the World Trade Organization or a Contracting Party to the Trademark Law Treaty or a trademark similar thereto, 
and the designated goods or designated services thereof are goods or services pertaining to the said right o r goods 
or services similar thereto, and further, the application for trademark registration was filed without the approval of 
the person who has the right pertaining to the trademark, without a just cause, by his/her agent or representative or 
by his/her former agent or representative within one year prior to the filing date of the trademark registration, the 
person who has the right pertaining to the trademark may file a request fora trial for rescission of the trademark 
registration.  
 
Article 53 -3 A requ est fora trial under Article 53 -2 may not be filed after the lapse of five years from the date on which 
the establishment of the trademark right has been registered.  
 
Article 54  (1) Where a trial decision to the effect that the trademark registration is to  be rescinded becomes final and 
binding, the trademark right shall become extinguished thereafter.  
(2) Notwithstanding the preceding paragraph, where a trial decision to the effect that the trademark registration is to 
be rescinded becomes final and bindin g by a trial under Article 50(1), the trademark right shall be deemed to have 
become extinguished on the date of registration of the request for a trial under the said paragraph.   
 
 
 
 
38  
Article 55  The provision of Article 46(4)  shall apply mutatis mutandis to th e 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  against 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 are different from those contained in the examiner's decision are found in the appeal  under Article 44(1).  
(2) The provision of Article 16 shall apply mutatis mutandis where a request for appeal/trial  under Article 44(1) is 
found to have reasonable grounds; provided, however, that this provision shall not apply where appeal/trial  decision 
to the effect that a further examination is to be carried out under Article 160(1) of the Patent Act as applied mut atis 
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 Act. In this case, the term "three m onths" in Article 16 -2(3) of this Act and 
Article 17 -3(1) of the 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 "instit utes an action under 
Article 63(1)."  
 
(Scope of final and binding appeal/trial  decision)  
Article 55 -3 appeal/trial  decision shall become final and binding for each appeal/trial  case; provided, however, that 
the appeal/trial  decision of a request for appeal /trial  under Article 46(1) of this Act filed for each designated goods 
or designated services shall become final and binding for each designated goods or designated services.  
 
(Mutatis mutandis application of the Patent Act)  
Article 56  (1) The provisions of Articles 131(1), 131 -2(1) (excluding items (ii) and (iii)), 132 to 133 -2, 134(1), 134(3), 
134(4), 135 to 154, 155(1), 155(2), 156(1), 156(3), 156(4), 157, 158, 160(1), 160(2), 161, 167, 168 to 170 (effect 
of appeal/trial  decision, request for  appeal/trial , administrative judge , appeal/trial  procedures in relation to 
litigation, and costs of appeal/trial ) of the Patent Act shall apply mutatis mutandis to appeal/trial . In this case, the 
term "ground for the request as provided in paragraph (1) i tem (iii) of the preceding Article in the course of filing 
a request for appeal/trial  other than invalidation  trial, or in the event that approval is granted by the chief 
administrative judge  under the following paragraph" in Article131 -2(1) of the Patent Act shall be deemed to be 
replaced with "ground for the request as provided in Article 131(1)(iii) of the Patent Act as applied mutatis mutandis 
pursuant to Article 56(1) of this Act in the course of filing a request for appeal/trial  other than appeal/tria l under 
Article 46(1) of the Trademark Act" , the term "invalidation  trial or invalidation trial  of the registration of extension 
of duration" in Articles 132(1) and 167 of the Patent Act and the term "invalidation  trial and a n invalidation trial  of 
the registration of extension of duration" in Articles 145(1) and 169(1) of the Patent Act shall be de emed to be 
replaced with " appeal/trial  under Article 46(1), 50(1), 51(1), 52 -2(1), 53(1) or 53 -2 of the Trademark Act", the term 
", in appeal/trial  other than  invalidation  trial, notify" in Article 156(1) of the Patent Act shall be deemed to be 
replaced wi th "notify" , the term " appeal  against the examiner's decision of refusal" in Article 161 of the Patent Act 
and " appeal against  an examiner's decision of refusal and correction  trial" in Article 169(3) of the Patent Act shall 
be deemed to be replaced with  "appeal/trial  under Article 44(1) or 45(1) of the Trademark Act" .  
 
 
 
 
39 (2) The provisions of Article 155(3) (Withdrawal of request for trial) of the Patent Act shall apply mutatis mutandis 
to a trial under Article 46(1) of this Act.  
 
(Mutatis mutandis applicat ion of the Design Act)  
Article 56 -2 The provision of Article 51 of the Design Act shall 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 th e case may file a request for a retrial against a final and binding rescission 
decision 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 demandant of appeal/trial  in conspiracy with the demandee has caused appeal/trial  decision 
to be rendered for the purpose of harming the right or interest of a third party, the third party may file a request for 
a retrial against the final and binding appeal/trial  decision.  
(2) A request for a retrial under the preceding paragraph shall be filed against the demandant and the demandee in the 
appeal/trial  as joint demandees.  
 
(Limitations of effects of trademark right restored by a retrial)  
Article 59  Where a trademark right pe rtaining to a rescinded or invalidated trademark registration has been restored 
by a retrial, the 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 goo ds 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 th e rescission decision 
or appeal/trial  decision became final and binding but before the registration of the request for a 
retrial.  
 
Article 60  (1) Where a trademark right pertaining to a rescinded or invalidated trademark registration has been restored 
by a retrial or, where the establishment of a trademark right with respect to an application for trademark registration 
refused by appeal/trial  decision has been registered through a retrial, and where a person, after the rescission 
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 designated services or in connection wit h goods or services similar thereto, and as a result, such trademark 
has become well known among consumers as that indicating goods or services pertaining to the business of the 
person at the time of registration of the filing of a request for a retrial, t he person shall have the right to use the  
 
 
 
 
40 trademark in connection with such goods or services as far as the said person continuously uses the trademark for 
such goods or services.  The same shall apply to those by whom such business is succeeded.  
(2) The pr ovision of Article 32(2) shall apply mutatis mutandis to the preceding paragraph.  
 
(Mutatis mutandis application of provisions concerning appeal/trial ) 
Article 60 -2 (1) The provisions of 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), 154, 155(1) and 156(1), 156(3), 156(4) of the Patent Act as applied mutatis 
mutandis pursuant to Article 56(1) of this Act, and Article 155(3) of the Patent Act as applied mutatis mutandis 
pursua nt to Articles 56(2) of this Act shall apply mutatis mutandis to a retrial against a final and binding rescission 
decision.  
(2) The provision of Article 55 -2 shall apply mutatis mutandis to a retrial against a final and binding appeal/trial  
decision on appeal/trial  under Article 44(1).  
(3) The provisions of Articles 55 -3 and 56 -2 shall apply mutatis mutandis to a retrial against a final and binding 
appeal/trial  decision on appeal/trial  under Article 45(1).  
(4) The provision of Article 55 -3 shall apply mutat is mutandis to a retrial against a final 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 application of the Patent Act)  
Article 61  The p rovisions of Article 173 (Time limit for request for retrial) and Articles 174(3) and 174(5)  (Application 
mutatis mutandis of provisions regarding appeal/trial , etc.) of the Patent Act shall apply mutatis mutandis to a 
request for a retrial. In this case, the term "Article 167 to 168" in paragraph (3) of the said Article  shall be deemed 
to be replaced with "Article 167, 168", the term "invalidation  trial or invalidation trial  of the registration of 
extension of the duration" in Article 174(2) of the Patent Act shall be deemed to be replaced with " appeal/trial  
under Article 46(1), 50(1), 51(1), 52 -2(1), 53(1) or 53 -2 of the Trademark Act".  
 
(Mutatis mutandis appl ication 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  decision on 
appeal/trial  under Article 44(1) of this Act. In this case, the term "the main clause of Article 167 -2, 168" in Article 
58(2) of the Design Act shall be deemed to be replaced with "Article 168."  
(2) The provision of Article 58(3) of the Design Act shall app ly mutatis mutandis to a retrial against a final and binding 
appeal/trial  decision on appeal/trial  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 repl aced with "Article 168."  
 
(Actions against appeal/trial  decisions, etc.)  
Article 63  (1) The Tokyo High Court shall have exclusive jurisdiction 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 Article 55 -2(3) (including cases where it is applied mutatis mutandis pursuant to Article 60 -
2(2)) and an action against a ruling to dismiss a written opposition or a written request f or appeal/trial  or retrial.   
 
 
 
 
41 (2) The provisions of paragraphs (2) to (6) of Article 178 (time limit for institution of action, etc.), 179 to 182 
(appropriate party as defendant, notice of institution of action, opinion of the Commissioner of the Patent Offi ce 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 the preceding paragraph. 
In this c ase, the term "invalidation  trial or invalidation 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."  
 
 
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 another person of the registered trademark in connection with goods other than the designated 
goods pertaining to the registered trademark or goods similar thereto or in conne ction with services other than those 
similar to the designated goods is likely to cause confusion between the said other person's goods or services and 
the designated goods pertaining to his/her own business, obtain a defensive mark registration for the ma rk identical 
with the registered trademark in connection with the goods or services for which the likelihood of confusion exists.  
(2) Where a registered trademark pertaining to services is well known among consumers as that indicating the 
designated servic es in connection with the business of a holder of trademark right, the holder of trademark right 
may, where the use by another person of the registered trademark in connection with services other than the 
designated services pertaining to the registered tr ademark or services similar thereto or in connection 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 designated services pertaining to his/her own busines s, obtain a defensive mark 
registration for the mark identical with the registered trademark in connection with the services or goods for which 
the likelihood of confusion exists.  
(3) For the purpose of the application of the preceding two paragraphs in relation to defensive mark registrations 
pertaining to a trademark right pertaining to a regionally based collective trademark, the term "his/her own" in the 
said paragraphs shall be deemed to be replaced with "its own or its members'."  
 
(Con version of application)  
Article 65  (1) An applicant for trademark registration may convert an application for trademark registration into an 
application for defensive mark registration.  
(2) The conversion of an application under the preceding paragraph may not be made after the examiner's decision or 
the appeal/trial  decision on the application for trademark registration becomes final and binding.  
(3) The provisions of Articles 10(2), 10( 3) and 11(5) shall apply mutatis mutandis to the conversion of an application 
under paragraph (1).  
 
(Duration of right based on defensive mark registration)   
 
 
 
 
42 Article 65 -2 (1) The duration of a right based on defensive mark registration shall expire after te n years from the date 
of registration of the establishment of such right.  
(2) The duration of a right based on defensive mark registration may be renewed by filing an application for registration 
of renewal; provided, however, that this shall not apply to the case where the registered defensive mark becomes 
unregistrable as a defensive mark pursuant to Article 64.  
 
(Registration of renewal of duration of right based on defensive mark registration)  
Article 65 -3 (1) A person filing an application for registra tion of renewal of the duration of a right based on defensive 
mark registration shall submit to the Commissioner of the Patent Office an application stating the following matters:  
(i) the name and the domicile or residence of the applicant;  
(ii) the regist ration number of the 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 during the period from six months prior to the expiration 
of the duration of the right based on defensive mark registration to the date of expiration thereof.  
(3) Where a person filing an application for registration of renewal of the duration of a right b ased on defensive mark 
registration has justifiable reasons for having been unable to file the application for registration of renewal within 
the time limit for such application pursuant to the preceding paragraph, the person may file such application only 
within the time limit provided by Ordinance  of the Ministry of Economy, Trade and Industry.  
(4) Where an application for registration of renewal of the duration of a right based on defensive mark registration is 
filed, the duration shall be deemed to have  been renewed upon expiration of the duration (where an application is 
filed under the preceding paragraph, upon filing of the application); provided, however, that this shall not apply to 
the case where the examiner's decision or appeal/trial  decision to the effect that the application is to be refused 
becomes final and binding or the renewal of the duration of a right based on defensive mark registration is 
registered.  
 
Article 65 -4 (1) Where an application for registration of renewal 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 the 
application is to be refused:  
(i) the registered defensive mark pertaining to application is filed becomes unreg istrable as a defensive 
mark pursuant to Article 64; and  
(ii) the applicant is not a person who has the right based on the defensive mark registration.  
(2) Where no reasons for refusal are found in connection with an application for registration of renewal  of the duration 
of a right based on defensive mark registration, the examiner shall render a decision to the effect that the renewal 
is to be registered.  
 
Article 65 -5 The provisions of Articles 14 and 15 -2 of this Act and Articles 48 (Exclusion of examin ers) and 52 
(Formal requirements for examination) of the Patent Act shall apply mutatis mutandis to an examination of an 
application for registration of renewal of the duration of a right based on defensive mark registration.  
  
 
 
 
 
43 (Registration of renewal of d uration of right 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 mark registration shall be registered.  
(2) Upon registration under the preceding paragraph, the following matters shall be published in the trademark bulletin:  
(i) the name and the domicile or residence of the person who has the right based on defensive mark 
registration;  
(ii) the registration number an d the date of registration 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 establishment of a right based on defensive mark registration shall 
pay as a registration fee for each defensive mark registration the amount of 28,200  yen multiplied by the number 
of classes.  
(2) A person obtaining a r egistration of renewal of the duration 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) t o (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 e xaminer's decision or the appeal/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 within 30 days from the service of a transcript of the 
examiner's decision or the appeal/tri al decision to the effect that the renewal of the duration of the right based on 
defensive mark registration 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).  
(3) The Commissioner of the Patent Office may extend the period of time provided in the preceding two paragraphs 
by a maximum of 30 days upon the request of a person who is required to pay the registration fee.  
(4) Where a p erson 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 wi th Ordinance  of the Ministry of Economy, Trade and Industry, pay the said 
registration fee only within the time limit as provided in Ordinance  of the Ministry of Economy, Trade and Industry, 
even after the expiration of the time limit.  
(5) Where, due to re asons beyond the control of a person, the person paying a registration fee is unable to pay the 
registration fee within the time limit for payment of registration fees pursuant to the preceding paragraph, the said 
person may, notwithstanding the said parag raph, 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.  
 
(Payment of registration f ees by interested persons)   
 
 
 
 
44 Article 65 -9 (1) Any interested person may make the payment of the registration fee under Article 65 -7(1) or 65 -7(2) 
even against the intention of the person by whom the said fee is to be paid.  
(2) The interested person who makes  the payment of the registration fee under the preceding paragraph may request 
the person by whom the said payment was to be paid to reimburse the expense thereof to the extent that the said 
person receives actual benefits therefrom.  
 
(Refund of registrati on fee paid in excess or in error)  
Article 65 -10 (1) A registration fee under Article 65 -7(1) or 65 -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 request for the refund of a registration 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 request 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 o f the period, notwithstanding the provision of paragraph (1).  
 
(Incidental nature of right based on defensive mark registration)  
Article 66  (1) The right based on defensive mark registration shall become extinguished when the trademark right 
relating there to is divided.  
(2) When a trademark right is transferred, the right based on defensive mark registration shall be transferred with the 
trademark right relating thereto.  
(3) When a trademark right becomes extinguished, the right based on defensive mark regi stration relating thereto shall 
become extinguished.  
(4) Where a trademark right is deemed to have become extinguished under Article 20(4), the effects of the right based 
on defensive mark registration pertaining to the trademark right restored under Artic le 21(2) may not extend to the 
acts provided in each of the items of Article 67 committed during the period after the expiration of the time limit 
for the filing of an application for registration of renewal provided in Article 20(3) but before the registr ation of 
renewal of the duration of the trademark right by an application under Article 21(1).  
(5) Where a trademark right is deemed to have been  extinguished under Article 41 -2(6), the right based on defensive 
mark registration pertaining to the trademark  right restored under Article 41 -3(2) shall  not be effective against the 
acts provided in each of the items of Article 67 conducted  after the expiration of the time limit for making late 
payment  of a later -installment registration fee but before the regist ration to the effect that the trademark right is 
deemed to have been existed under Article 41 -3(2) is made, pursuant to Article 41 -2(5). 
(6) The provision of the preceding paragraph shall apply mutatis mutandis to the effects of the right based on defensiv e 
mark registration pertaining to the trademark right restored under Article 41 -3(2) as applied mutatis mutandis 
pursuant to Article 41 -3(3).  
 
(Acts deemed to constitute infringement)  
Article 67  The following acts shall be deemed to constitute infringement  of a trademark right or an exclusive right to 
use:  
 
 
 
 
45 (i) the use of the registered defensive mark in connection with the designated goods or designated 
services;  
(ii) the possession for the purpose of assignment, delivery or export of the designated goods a ffixed 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 services 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 defensiv e 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 causing the 
provision of the said services through use of the said articles;  
(v) the possession of articles indicatin g a registered 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 
indica ting a registered defensive mark, for the purpose of causing the registered defensive mark to 
be used in connection with the designated goods or designated services; and  
(vii) the manufacture or importation of articles indicating a registered defensive mar k, for the purpose 
of using the registered defensive mark or causing the registered defensive mark to be used in 
connection with the designated goods or designated services.  
 
(Mutatis mutandis application of provisions concerning trademarks)  
Article 68  (1) The provisions of Articles 5, 5 -2, 6(1), 6(2), 9 -2 to 10, 12 -2, 13(1), and 13 -2 shall apply mutatis mutandis 
to an application for defensive mark registration.  In this case, the term "(iii) the designated goods or designated 
services and the class of the goods or services provided by Cabinet Order as provided for in Article 6(2)" in Article 
5(1) shall be deemed to be replaced with "(iii) the designated goods or designated services and the class of the 
goods or services provided by Cabinet Order as provided  for in Article 6(2), (iv) the registration number of the 
trademark registration pertaining to the application for defensive mark registration," the term "(iv) the designated 
goods or designated services are not stated" in Article 5 -2(1) shall be deemed to  be replaced with "(iv) the 
designated goods or designated services are not stated, (v) the registration number of the trademark registration 
pertaining to the application for defensive mark registration is not stated" and the term "Article 37" in Article 13-
2(5) shall be deemed to be replaced with "Article 67 (except the part pertaining to item (i))."  
(2) The provisions of Articles 14 to 15 -2 and 16 to 17 -2 shall apply mutatis mutandis to the examination of an 
application for defensive mark registration.  In this case, the term "Articles 3, 4(1), 7 -2(1), 8(2), 8(5), 51(2) 
(including cases where it is applied mutatis mutandis pursuant to Article 52 -2(2)), 53(2)" in Article 15(i) shall be 
deemed to be replaced with "Article 64 ", and the term "Articles 5(5), or  6(1) or (2)" in Article 15(iii) shall be 
deemed to be replaced with "Article 6(1) or (2)."  
(3) The provisions of Article 18, 26 to 28 -2, 32 to 33 -3, 35, 38 -2 and 69 of this Act and Article 104 -3(1), (2) of the 
Patent Act as applied mutatis mutandis pursuant to Article 39 of this Act shall apply to a right based on defensive 
mark registration. In th is 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  
 
 
 
 
46 to the effect that the trademark is to be re gistered pursuant to Article 41 -2(1)" in Article 18(2) shall be deemed to 
be replaced with "the registration 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 mutatis mutandis to an opposition to registration and appeal/trial  pertaining to 
defensive mark registration.  In this case, the term "Articles 3, 4(1), 7 -2(1), 8(1), 8(2), 8(5), 51( 2) (including cases 
where it is applied mutatis 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 registered trademark has become a trademark 
that fal ls 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 the preceding Chapter  shall apply to a retrial and litigation pertaining to defensive mark 
registration.  In this case, the term "each of the items in Article 37" in Article 59(ii) shall be deemed to be replaced 
with "items (ii) to (vii) of Article 67," the term "a trademark ri ght pertaining to ... trademark registration" in Article 
60 shall be deemed to be replaced with "a right based on defensive mark registration in connection with ... defensive 
mark registration," the term "an application for trademark registration" in the s ame article shall be deemed to be 
replaced with "an application for the registration of a defensive mark or an application for the registration of a 
defensive mark or an application for registration of renewal of the duration of a right based on defensive mark 
registration," the term "the establishment of a trademark right ... has been registered" in the same article shall be 
deemed to be replaced with "the establishment of a right based on defensive mark registration or the renewal of the 
duration of a rig ht based on defensive mark registration ... has been registered" and the term "the registered 
trademark or a trademark similar thereto ... in connection with the designated goods or designated services or in 
connection with goods or services similar theret o" in the same article shall be deemed to be replaced with "a 
trademark identical with the registered defensive mark."  
 
CHAPTER 7 -2 SPECIAL PROVISIONS UNDER THE PROTOCOL RELATING TO THE 
MADRID AGREEMENT  
Section 1 Application for international registration  
 
(Application for international registration)  
Article 68 -2 (1) A Japanese national or a foreign national domiciled or resident (or, in the case of a juridical person, 
with a place of business) in Japan who desires to obtain an international registration (h ereinafter referred to as an 
"application for international registration") provided in Article 2(1) of the Protocol Relating to the Madrid 
Agreement Concerning the International Registration of Marks adopted at Madrid on June 27, 1989 (hereinafter 
referred  to as the "Protocol") shall file with the Commissioner of the Patent Office an application (hereinafter 
referred to as an "application for international registration") pursuant to Article 2(2) of the Protocol based on any 
of the following items; in this c ase, where requirements provided by Ordinance  of the Ministry of Economy, Trade 
and Industry are applicable, 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 referred to as the "application for 
trademark registration, etc."); or   
 
 
 
 
47 (ii) the trademark registration or defensive mark registration of the applicant (h ereinafter referred to 
as the "trademark registration, etc.").  
(2) Any person who desires to file an application for international registration shall submit the prescribed application 
and required documents in foreign language pursuant to Ordinance  of the Ministry of Economy, Trade and Industry.  
(3) The application shall state the following matters:  
(i) the name(s) of the Contracting Party to the Protocol in which the protection of the trademark 
pertaining to the application for international registration i s sought; and  
(ii) the goods or services in connection 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 Protocol in connection with a trademark or a mark pertaining 
to the application for international registration shall state in the application a statement indicating thereof and the 
color or the combinatio n of colors claimed and append to the application copies of the trademark or mark pertaining 
to the application for trademark registration, etc., in color, or of the registered trademark or registered defensive 
mark in color.  
 
Article 68 -3 (1) The Commissi oner of the Patent Office shall send the application for international registration and the 
required documents to the International Bureau provided in Article 2(1) of the Protocol (hereinafter referred to as 
the "International Bureau").  
(2) In the case of the preceding paragraph, where the matters stated in the application correspond to the matters stated 
in the basic application for trademark registration, etc. or in the basic trademark registration, etc., the Commissioner 
of the Patent Office shall state in the application the fact thereof and the date of receipt of the application for 
international registration.  
(3) In the case of paragraph (1), the Commissioner of the Patent Office shall send to the applicant of the application 
for international registra tion a copy of the application for international registration sent to the International Bureau.  
 
(Subsequent designation)  
Article 68 -4 The registered holder of international registration 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 the Protocol (hereinafter referred to as "territorial extension") subsequent to the international 
registration (hereinafter referred to a s the "subsequent designation.")  
 
(Application for renewal of the duration of international registration)  
Article 68 -5 The registered holder of international registration may file with the Commissioner of the Patent Office, 
pursuant to Ordinance  of the Ministry of Economy, Trade and Industry, an application for renewal of the duration 
of international registration provided  in Article 7(1) of the Protocol (hereinafter referred to as "renewal of the 
duration of international registration").  
 
(Request for recording of change in the ownership of international registration)   
 
 
 
 
48 Article 68 -6 (1) The registered holder or transferee of  international registration may, pursuant to Ordinance  of the 
Ministry of Economy, Trade and Industry, present to the Commissioner of the Patent Office a request for the 
recording of a change in the ownership of an international registration, as provided i n Article 9 of the Protocol 
(hereinafter referred to as "change in the ownership of international registration").  
(2) The request provided in the preceding paragraph may be made for each of the goods or services listed in the 
international registration or for each of the Contracting Parties in which the international registration has effect.  
 
(Mutatis mutandis application of provisions concerning application for trademark registration)  
Article 68 -7 Article 17(3) (limited to the part pertaining to item (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, subsequent designation, an application for the renewal of the duration of international 
registration and a request for the recording of a change in the ownership of international registration.  
 
(Delegation to Ordinance  of the Ministry 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 
international registration, subsequent designation, an application for renewal of the duration of international 
registration and a request for the recording of a change in the ownership of interna tional registration required for 
the implementation of the Protocol and the regulations thereunder shall be provided by Ordinance  of the Ministry 
of Economy, Trade and Industry.  
 
Section 2 Special Provisions pertaining to International Application for Trad emark 
Registration  
 
(Application for trademark registration based on request for territorial extension)  
Article 68 -9 (1) Any request for territorial extension to designate Japan shall be deemed to be an application for 
trademark registration filed on the d ate of international registration provided in Article 3(4) of the Protocol 
(hereinafter referred to as the "date of international registration"); provided, however, that in the case of subsequent 
designation, such request shall be deemed to be an applicati on for trademark registration filed on the date on which 
the subsequent designation pertaining to the international registration pursuant to Article 3ter(2) of the 
Protocol(hereinafter referred to as the "date of subsequent designation") is recorded in the  International Register of 
the International Bureau provided in Article 2(1) (hereinafter referred to as the "International Register").  
(2) Matters stated in the left column of the following table contained in the International Register pertaining to the 
international registration designating Japan shall be deemed to be the matters stated in the right column of the said 
table contained in the application submitted pursuant to 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   
 
 
 
 
49  
The trademark subject to international 
registration   
The trademark for which registration is sought  
 
The goods or services listed in the international 
registration and the class of the goods or services   
The designated goods or designated services and 
the class of the goods or services provided by 
Cabinet Order as provided for in Article 6(2);  
 
Among matters stated in the International 
Register, those required for the interpretation of 
the meanings of statement of the trademark that 
is a subject of an international registration 
provided by Ordinance  of the Ministry of 
Economy, Trade and Industry   
Detailed description of the trademark  
 
(Special provisions concerning time of filing of international application for trademark registration)  
Article 68 -10 (1) Where a registered trademark (hereinafter in this article referred to as a "registered trademark based 
on international registration") pertaining to the request for territorial extension which is deemed to have been an 
application for trademark registration pursuant to Article 68 -9(1) (hereinafter in this chapter referred to as an 
"international application for trademark registration") is  identical with the registered trademark prior to the 
trademark registration (except registered trademarks based on international registration, hereinafter referred to in 
this article as a "registered trademark based on national registration") and the desi gnated goods or designated 
services pertaining to the registered trademark based on international registration overlap with the designated goods 
or designated services based on national registration, and further the holder of trademark right of the registe red 
trademark based on international registration is identical with the holder of trademark right of the registered 
trademark based on national registration, the international application for trademark registration shall be deemed 
to have been filed on the  date of filing of the application for trademark registration pertaining to the registered 
trademark based on national registration to the extent of the scope which is overlapping.  
(2) The provisions of paragraphs (3) and (4) of Article 68 -32 shall apply mutatis mutandis to the international 
application for trademark 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 internationa l 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 "within thirty days from the date of the international application for trademark registrat ion."  
 
(Special provisions concerning division of application)  
Article 68 -12 Article 10 shall not apply to an international application for trademark registration.  
 
(Special provisions concerning conversion of application)   
 
 
 
 
50 Article 68 -13 Articles 11 and 65 shall not apply to an international application for trademark registration.  
 
(Special provisions concerning matters to be contained in the trademark bulletin pertaining to laying 
open of application)  
Article 68 -14 For the purpose of application of Article 12-2(2) to the international application for trademark 
registration, the term "the number and date of the application for trademark registration" in item (ii) of the said 
paragraph shall be replaced with "the number and the date of the international regist ration (in the case of the 
international application for trademark registration pertaining to the subsequent designation, the date of subsequent 
designation)."  
 
(Special provisions concerning proceedings for priority claim governed by the Paris Convention,  etc.) 
Article 68 -15 (1) The provisions of paragraphs (1) to (4) , and (7) to (9)  of Article 43 of the Patent Act as applied 
mutatis mutandis upon reading the specified terms in accordance with Article 13(1) of this Act shall not apply to 
an international application for trademark registration.  
(2) For the purpose of application of Art icle 43(1) of the Patent Act as applied mutatis mutandis pursuant to Article 
43-3(3) of the Patent Act as applied mutatis mutandis upon reading the specified terms in accordance with Article 
13(1) of this Act to the international application for trademark registration, the portion " within the time limit 
provided 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 international application for trademark registratio n." 
 
(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  international application for trademark registration, the portion ", except in the 
case of general succession including inheritance, without the Commissioner of the Patent Office." in the said 
paragraph shall be replaced with "without notification to the International Bureau."  
(2) The provisions of paragraphs (5) to (7) of Article 34 of the 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 re sult of a change in the ownership of international registration, the international application for 
trademark registration shall be deemed to have become applications for trademark registration with respect to each 
of the registered holders after the change . 
 
(Special provisions concerning new application for trademark as amended)  
Article 68 -18 (1) Article 17 -3 of the Design Act as applied mutatis mutandis pursuant to Article 17 -2(1) or 55 -2(3) 
(including cases where it is applied mutatis mutandis pursuant t o Article 60 -2(2)) of this Act shall not apply to an 
international application for trademark registration.   
 
 
 
 
51 (2) Article 17 -4 of the Design Act as applied mutatis mutandis pursuant to Article 17 -2(2) of this Act shall not apply 
to an international applicatio n for trademark registration.  
 
(Special provisions concerning registration 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 t he 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 an examiner's decision or a n appeal/trial  decision to the effect 
that the trademark is to be registered under Article 41 -2(1) is paid" in the said paragraph shall be replaced with 
"where the communication is made by the International Bureau notifying that the payment of the individual fee in 
the amount prescribed in Article 68 -30(1)(ii) has been recorded in the International Register."  
(2) For the purpose of application of Article 18(3) to the international application for trademark registration, in item 
(ii) of the said paragraph the portion "the  number and date of the application for trademark registration" shall be 
replaced with "the number and the date of international registration (in the case of the international application for 
trademark registration pertaining to the subsequent designation,  the date of subsequent designation)" and in item 
(v) of the said paragraph the portion "the registration number and the date of registration of establishment" shall be 
replaced with "the number of international registration and the date of registration of  the establishment."  
 
(Effect of the lapse of international registration)  
Article 68 -20 (1) Where all or a portion of the international registration on which the international application for 
trademark registration is based has lapsed, the international ap plication for trademark registration shall be deemed 
to have been withdrawn in respect of all or the portion of the designated goods or designated services that have 
lapsed.  
(2) Where all or a portion of the international registration on which the internat ional registration is based has lapsed, 
the trademark right based on such international 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) (hereina fter referred 
to as the "trademark right based on international registration") shall be deemed to have lapsed in respect of all or 
the portion of the designated goods or designated services that have lapsed.  
(3) The preceding two paragraphs shall take effe ct as of the date the international registration lapses in the International 
Register.  
 
(Duration of trademark right based on international registration)  
Article 68 -21 (1) The duration of a trademark right based on international registration shall expire a fter ten years from 
the date of the international registration (where the duration of the international registration has been renewed prior 
to the registration of the establishment of the trademark right, the date of most recent renewal).  
(2) The duration of a trademark right based on international registration may be renewed based on the renewal of the 
duration of the international registration.  
(3) Where the duration of international registration is renewed, the duration of the trademark right based on 
international registration shall be renewed at the time of expiration of the duration.  
(4) Where the duration of international registration is not renewed, the trademark right based on international 
registration shall be deemed to have extinguished retroactively at the time of expiration of the duration.   
 
 
 
 
52  
(Special provisions concerning registration of renewal of duration)  
Article 68 -22 (1) Articles 19 to 22, 23(1) and 23(2) shall not 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 forth under the preceding two paragraphs" in the said paragraph shall be replaced with 
"renewa l of the duration of international registration" and the portion "the registration number and the date of 
registration of renewal" in item (ii) of the said paragraph shall be replaced with "the number of international 
registration and the date of renewal o f the duration of international registration."  
 
(Special provisions concerning division of trademark right)  
Article 68 -23 Article 24 shall not apply to a trademark right based on international registration.  
 
(Special provisions pertaining to transfer of co llective trademark right)  
Article 68 -24 (1) A collective trademark right based on international registration may not be transferred, unless the 
document provided in Article 7(3) is submitted.  
(2) Article 24 -3 shall not apply to a trademark right based on i nternational registration.  
 
(Special provisions concerning waiver of trademark right)  
Article 68 -25 (1) The holder of trademark right based on international registration may abandon the trademark right.  
(2) Article 97(1) of the Patent Act as applied mutati s mutandis pursuant to Article 35 of this Act shall not apply to a 
trademark right based on international registration.  
 
(Special provisions concerning effects of registration of trademark right)  
Article 68 -26 (1) A transfer , modification due to trust , ext inguishment by waiver or restriction on disposition of a 
trademark right based on international registration shall have no effect unless registered.  
(2) Articles 98(1)(i) and 98(2) of the Patent Act as applied mutatis mutandis upon reading the specified te rms in 
accordance with Article 35 of this Act shall not apply to a trademark right based on international registration.  
 
(Special provisions concerning registration in the Trademark Registry)  
Article 68 -27 (1) For the purpose of application of Article 71(1 )(i) to a trademark right based on international 
registration, the term "the establishment, renewal of the duration, division, transfer, modification, extinguishment, 
restoration or restriction on disposition of a trademark right" in the said item shall be  replaced with "the 
establishment, 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 trademark right based on international registration shall have effect in accordance with that registration in the 
International Register.  
 
(Special provisions concerning amendment of proceedings)   
 
 
 
 
53 Article 68 -28 (1) After receiving a notification under  Artic le 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 to the designated goods or 
services stated in the international application for a trademark registration may be made only when  the case is a 
pending examination, appeal/ trial or retrial.  
(2) Article 68 -40 shall not apply to an international application for trademark registration, except for matters deemed 
to be the detailed description of a trademark under Article 68 -9(2).  
 
(Extra provisions relating to special provisions on trademark right covering two or more designated 
goods or designated services)  
Article 68 -29 For the purpose of the application of Article 69 relating to a trademark right based on international 
registration, the  portion "20(4) or 33(1) of this Act, Article 97(1) or 98(1)(i) of the Patent Act as applied mutatis 
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 "Article 71(1)(i)" in Article 69 shall be replaced with "71(1)(i) as applied mutatis mutandis upon reading 
the specified terms in accordance with Article 68 -27(1), 68 -27(2)."  
 
(Individual fee for trademark right based on international registration)  
Article 68 -30 (1) Any person who desi res to obtain a registration of establishment of a trademark right based on 
international registration shall pay to the International Bureau, as the individual fee provided in Article 8(7)(a) of 
the Protocol (hereinafter referred to as the "individual fee" ) for each registration in the following amounts:  
(i) the amount equivalent to 2,700 yen plus 8,600 yen for each class of the goods and services; and  
(ii) the amount equivalent to 28,200  yen multiplied by the number of classes of the goods and services.  
(2) The individual fee in the amount prescribed in item (i) of the preceding paragraph shall be paid prior to the 
international registration and the individual fee in the amount prescribed in item (ii) thereof shall be paid within 
the time limit provided by Ordinance  of the Ministry of Economy, Trade and Industry.  
(3) Where an examiner's decision or appeal/trial  decision is rendered to the effect that a trademark pertaining to an 
international application for trademark registration is to be registered, the Co mmissioner of the Patent Office shall 
notify the International 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 in the amount prescribed in items (ii) of paragraph (1) is not paid, and as a result the 
international registration on which the international application for trademark registration is based is rescinded, the 
said application shall be deemed to have been withdraw n. 
(5) A person requesting the renewal of the duration of a trademark right based on international registration shall pay 
as the individual fee to the International Bureau for each registration the amount equivalent to 38,800  yen multiplied 
by the number o f classes.  
(6) Articles 40 to 43 and 76(2) (limited to the portion listed under item (i) of the appended table) shall not apply to an 
application for international trademark registration and a trademark right based on the international registration.  
 
(Dele gation to Ordinance  of the Ministry of Economy, Trade and Industry)   
 
 
 
 
54 Article 68 -31 In addition to the provisions of Articles 68 -9 to 68 -30, details of matters required for the implementation 
of the Protocol and the regulations thereunder shall be provided b y Ordinance  of the Ministry of Economy, Trade 
and Industry.  
 
SECTION 3 SPECIAL PROVISIONS CONCERNING APPLICATION FOR TRADEMARK 
REGISTRATION, ETC.  
 
(Special provisions concerning application for trademark registration after rescission of international 
regis tration)  
Article 68 -32 (1) Where an international registration relating to a trademark that was the subject of an international 
registration designating Japan is rescinded pursuant to Article 6(4) of the Protocol in respect of all or some of the 
goods or s ervices listed in the international registration, the person who was the registered holder of the international 
registration may file an application for trademark registration in relation to all or some of the said goods or services.  
(2) Where an applicati on for trademark registration under the preceding paragraph 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 registration under the said paragraph is related to the subsequent designation, the date of the 
subsequent designation pertaining to the said international registration) of the international registration under the 
said paragraph.  
 (i) the application for trademark registration under the preced ing paragraph is filed within three 
months from the date on which the international registration under the said paragraph was 
rescinded;  
(ii) the trademark for which the registration is sought is identical with the trademark that was the 
subject of the international registration under the preceding paragraph; and  
(iii) the designated goods or designated services in connection with the application for trademark 
registration under the preceding paragraph are within the scope of the goods or services listed  in the 
international registration under the preceding paragraph.  
(3) Where an international application for trademark registration pertaining to an international registration under 
paragraph (1) enjoyed a right of priority pursuant to Article 4 of the Par is Convention, the application for trademark 
registration under the 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 
pertainin g to an international registration 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 specified terms in accordance with Article 9 -3 or 
13(1) of this Act.  
(5) For the p urpose of the application of Article 10(1) to an application for trademark registration under paragraph (1), 
the portion of the said paragraph "part of an application" shall be replaced with "part of an application  (limited to 
the goods or services that fa ll 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 filing 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, notwithstanding the said item, file the application within 14 days (two months for resident abroad)  
 
 
 
 
55 from the date on which the reasons for not filing ceased to be appl icable, but not later than six months after the 
expiration of the said time limit.  
(7) The application for trademark registration filed under the preceding paragraph shall be deemed to have been filed 
at the time of expiration of the time limit under parag raph (2)(i).  
 
(Special provisions concerning application for trademark registration after denunciation of Protocol)  
Article 68 -33 (1) Where, pursuant to Article 15(5)(b) of the Protocol, the registered holder of the international 
registration designating J apan 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 said international 
registration may file an application for trademark regis tration in connection with the goods or services listed in the 
said international registration.  
(2) The provisions of paragraphs (2) to (7) of Article 68 -32 shall apply mutatis mutandis to an application for trademark 
registration under the preceding paragraph . In this case, the portion "within three months from the date on which 
the international registration under the said paragraph was res cinded" in paragraph(2)(i) of the said Article  shall be 
deemed to be replaced with "within two years from the date on which the denunciation under Article 15(3) of the 
Protocol took effect."  
 
(Special provisions concerning reasons for refusal)  
Article 68 -34 (1) For the purpose of the application of Article 15 to an application for trademark registration pursuant 
to Article 68 -32(1) or 68 -33(1), the portion "falls under any of the following items" in Article 15 shall be replaced 
with "falls under any of the following items or where an application for trademark registration under Article 68 -
32(1) or 68 -33(1) does not comply with the requirements provided in Article 68 -32(1), 68 -33(1) or each item of 68 -
32(2) (including cases where applied mutatis mutandis upon  reading the specified terms in accordance with Article 
68-33(2))."  
(2) The provision of Article 15 (limited to the part pertaining to item (i) and (ii)) shall not apply to an application for 
trademark registration under Article 68 -32(1) or 68 -33(1) pertai ning to a trademark right that was related to the 
international registration (referred to in Article 68 -37 and 68 -39 as "re -filing of trademark right pertaining to former 
international registration").  
 
(Special provisions concerning registration of establi shment of trademark right)  
Article 68 -35 Notwithstanding Article 18(2), where, in connection 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 effect that the trad emark is 
to be registered has been rendered within ten years from the date of international registration of the international 
registration pertaining to the said application (where the duration of the international registration has been renewed, 
the date o f 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 application 
is rescinded pursuant to Article 6(4) of the Protocol or to the date on which the denunciation under Article 15(3) of 
the Protocol takes effect, the establishment of the trademark right shall be registered.  
 
(Special provisions concerning duration)   
 
 
 
 
56 Article 68 -36 (1) The duration of a trad emark right provided in Article 68 -35 shall expire after ten years from the date 
of the international registration of the international registration pertaining to the said application (where the duration 
of the international registration has been renewed, the date of most recent renewal).  
(2) Article 19(1) shall not apply to the duration of a trademark right provided in the preceding paragraph.  
 
(Special provisions concerning opposition to registration)  
Article 68 -37 For the purpose of application of Articl e 43-2 to a trademark registration pertaining to the re -filing of a 
trademark right pertaining to a former international registration, the term "trademark registration" in the said article 
shall be replaced with "trademark registration (in the case of a tr ademark registration pertaining to the re -filing of 
a trademark right pertaining to a former international registration, except any trademark registration for which the 
term provided in this Article has lapsed without any opposition to registration of the former trademark registration 
pertaining to the former international registration)."  
 
(Special provisions concerning invalidation trial  of trademark registration)  
Article 68 -38 For the purpose of the trial prescribed in Article 46(1) for the trademark registration pertaining to an 
application for trademark registration under Article 68 -32(1) or 68 -33(1), the term "falls under any of the following 
items" in the said paragraph 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 cases where 
applied mutatis mutandis upon reading the specified terms in accordance with Article 68 -33(2))."  
 
Article 68 -39 For the purpose o f the application of Article 47 to a trademark registration pertaining to the re -filing of 
a trademark right pertaining to a former international 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 
pertaining to the re -filing of the trademark right pertaining to former international registration, even prior to a lapse 
of five years from the date of registration of the establishment of the trademark right, when a request for trial under 
Article 46(1) can be no longer filed pursuant to this article pertaining to the trademark registration pertaining to the 
former international registration."  
 
CHAPTER 8 MISCELLANEOUS PROVISIONS  
 
(Amendment  of proceedings)  
Article 68 -40 (1) The person undertaking a procedure before the Patent Office with regard to an application for 
trademark registration, an application for defensive mark registration, any requests or any other procedures relating 
to tradem ark registration or defensive mark registration, may make amendments relating thereto only when the case 
is pending in examination, examination on opposition to registration, appeal/trial  or retrial.  
(2) Notwithstanding the preceding paragraph, a person wh o has applied for trademark registration may, at the time of 
payment of the registration fee under Article 40(1) or 41 -2(1), make amendments to reduce the number of classes 
pertaining to the application for trademark registration.  
 
(Special provisions on trademark right covering two or more designated goods or designated services)   
 
 
 
 
57 Article 69  For the purpose of the application of Article 13 -2(4) (including where it is 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 Patent Act as 
respectively applied mutatis mutandis pursuant to Article 56(1) of this Act or Article 174(3)  of the Patent Act as 
applied mutatis mutandis pursuant to Article 61 of this Act, Article 59, 60, 71(1)(i) or 75(2)(iv) of this Act, to the 
trademark registration or trademark right covering two or more designated goods or designated services, the 
trademark shall be deemed to have been registered or the trademark right shall be deemed to exist, for each of the 
designated goods or designated services.  
 
(Special provisions on trademarks, etc., similar to registered trademar ks) 
Article 70 (1) The term "registered trademark" as used in Article 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 include trademarks similar to the registered trademark that would be regarded as 
being identica l 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 a s 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 sim ilar 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.  
(4) The preceding three paragraphs shall not apply to a trademark  that consists solely o f 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, extinguish ment, 
restoration or restriction on disposition of a trademark right;  
(ii) the establishment, renewal of the duration, transfer or extinguishment of right based on defensive 
mark registration;  
(iii) the establishment, maintenance, transfer, modification, extinguishment or restriction on 
disposition of exclusive right to use or non -exclusive right to use; and  
(iv) the establishment, transfer, modification, extinguishment or restriction on disposition of a right of 
pledge on a trademark right, exclusive right to use or non -exclusive right to use.  
(2) The Trademark Registry may be prepared, in whole or in part, in the form of magnetic tapes (including other 
storage media using a similar method that may record or reliably store certain matters; th e same shall apply 
hereinafter).  
(3) In addition to those provided in this act, matters relating to the registration shall be provided by Cabinet Order.  
 
(Issuance of certificate of trademark registration, etc.)  
Article 71 -2 (1) Upon registration of the es tablishment of a trademark right or upon registration of the establishment 
of rights based on defensive mark registration, the Commissioner of the Patent Office shall issue a certificate of 
trademark registration or defensive mark registration to the holde r of trademark right.   
 
 
 
 
58 (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 ma y file a request with regard to trademark registration or defensive mark registration to 
the Commissioner of the Patent Office to issue a certificate, a transcript of documents or an extract of documents, 
to allow the inspection or copying of documents  or materials under Article 5(4),  or to issue documents stored on 
the magnetic tapes that constitute a part of the Trademark Registry; provided, however, that if the Commissioner 
of the Patent Office considers it necessary to keep such documents or materials confidential, this provision shall 
not apply in the case of the following documents  or the materials under Article 5(4) : 
(i) documents pertaining to a trial under Article 46(1) (including cases where it is applied mutatis 
mutandis pursuant to Article 68(4)), 50(1), 51(1), 52 -2(1), 53(1) or 53 -2 (including cases where it is 
applied mutatis mutandis pursuant to Article 68(4)) or a retrial of the final and binding trial decision 
rendered in the said trial, with respect to which the party in the case or an intervener has given 
notice that a trade secret owned by the said party in the case or intervener has been described (trade 
secret as provided in Article 2(6) of the Unfair Competition Prevention Act (Act No. 47 of 1993) ; the 
same shall apply in the following item ); 
(ii) documents concerning an advisory opinion on the effects of a trademark right, with respect to which 
a party i n 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 damag e 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 provided in item s (i) to (iii) of the said paragraph, the Commissioner of 
the Paten t Office shall notify the person who submitted the said documents thereof and reasons therefor.  
(3) Provisions of the Act Concerning Access to Information Held by Administrative Organs (Act No. 42 of 1999) shall 
not apply to the documents concerning tradem ark registration or defensive mark registration and the part of the 
Trademark Registry stored on magnetic tapes.  
(4) Provisions in Chapter 4 of the Act Concerning Protection of Personal Information Possessed by Administrative 
Organs (Act No. 58 of 2003) sh all not apply to the possessed Personal Information (referring to the possessed Personal 
Information as provided in Article 2( 5) of the said Act) recorded in the documents concerning trademark registration 
or defensive mark registration and the part of the  Trademark Registry stored on magnetic tapes.  
 
(Indication of trademark registration)  
Article 73  Where the holder of trademark right, exclusive right to use or non -exclusive right to use affixes the registered 
trademark to the designated goods, packages of  the designated goods or articles to be used for the provision of the 
designated services, or affixes, in the provision of the designated services, the registered trademark to the goods 
pertaining to the provision of the designated services that belong to the person receiving the designated services 
pursuant to the provisions of Ordinance  of the Ministry of Economy, Trade and Industry, he/she shall make efforts  
 
 
 
 
59 to affix to the trademark an indication (hereinafter referred to as an "indication of trademark r egistration") stating 
that the trademark is a registered trademark.  
 
(Prohibition of false indication)  
Article 74  It shall be prohibited for a person to do the following acts:  
(i) in using a trademark that is not a registered trademark, to affix an indication of trademark 
registration or an indication confusing therewith to the trademark;  
(ii) in using a registered trademark for goods or services that are not the designated goods or designated 
services, to affix an indication of trademark registratio n 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 registration or an indica tion confusing therewith 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 course of the provision of services by a person who receives the said  
services, articles affixed with a registered trademark in connection with services, that are used in 
the course of the provision of services other than the designated services by a person who receives 
the said services, or articles affixed with a register ed 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 registration or an indication confusing therewith is affixed to the said 
trademark  (hereinafter referred to in the following item as "articles with a false indication of 
trademark registration pertaining to services"), for the purpose of the provision of the said services 
through use of the said articles; and  
(v) the assignment, deliver y, or possession or importation for the purpose of assignment or delivery of 
articles with a false indication of trademark registration pertaining to services, for the purpose of 
causing the provision of the said services through use of the said articles;  
 
(Trademark Gazette)  
Article 75  (1) The Patent Office shall publish the trademark gazette  
(2) In addition to those matters provided in this Act, the trademark gazette shall contain the following matters:  
(i) examiner's decisions to the effect that an appli cation is to be refused, or the waiver, withdrawal or 
dismissal of applications for trademark registration or applications for defensive mark registration 
after laying open of application;  
(ii) succession of right deriving from an application for trademark  registration after laying open of 
application;   
 
 
 
 
60 (iii) amendments made to the designated goods or designated services stated in an application, to the 
trademark for which the registration is sought, or to the mark for which the defensive mark 
registration i s sought after laying open of application;  
(iv) extinguishments of trademark rights (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 request 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 an 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 pu rsuant to Article 17 -2(2) (including 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 Article 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 mutatis mutandis pursuant to Article 77(1) of this 
Act. 
(iii) persons filing an application for international registration to the Commissioner of the Patent Office 
pursuant to Article 68 -2; 
(iv) persons presenting to the Commissioner of the Patent Office a request for subsequent designation 
pursuant to Article 68 -4; 
(v) persons filing an application for renewal of the duration of international registration to the 
Commissioner of the Patent Office 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 cer tificate pursuant to Article 72(1);  
(ix) persons filing a request for the issuance of a transcript of documents or an extract of documents 
pursuant to Article 72(1);  
(x) persons filing a request to allow 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 documents whose contents are stored on magnetic tapes 
that constitute part of the Trademark Registry pursuant to Article 72(1).   
 
 
 
 
61 (2) The persons listed in th e center column of the attached table shall pay fees in the amount as provided by Cabinet 
Order within the range of the amounts specified in the corresponding right -hand column of the table.  
(3) The preceding two paragraphs shall not apply where the person  to pay the fee in accordance with these paragraphs 
is the State.  
(4) Where the State has co -ownership of a trademark right, a right deriving from an application for trademark 
registration or a right based on an application for defensive mark registration with a person other than the State, 
and the portion of their respective shares of the said right has been agreed, notwithstanding the provisions of 
paragraph (1) or (2), the fees payable thereunder (limited to those provided by Cabinet Order) shall be dete rmined 
as the sum of the provided fees multiplied by the ratios of the share of each person other than the State, and, the 
person(s) other than the State shall pay such sum.  
(5) Where the amount of the fees calculated under the preceding paragraph has a fr actional figure of less than ten yen,  
the said portion shall be discarded.  
(6) The payment of the fees under paragraph (1) or (2) shall be made by patent revenue stamps as provided by 
Ordinance  of the Ministry of Economy, Trade and Industry; provided, howe ver, 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 paragraph 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 the request within the time limit as provided 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 filin g ceased to be applicable, but not later 
than six months after the expiration of the said time limit.  
 
(Mutatis mutandis application of Patent Act)  
Article 77  (1) The provisions of Articles 3 to 5 (time periods and dates) of the Patent Act shall apply muta tis mutandis 
to time periods and dates provided in this 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 194 (procedures) of the Patent Act shall apply mutatis 
mutandis to an application for trademark registration, an application for defensive mark registration, any petitions 
or any other procedures pertaining to trademark registration or defensive mark registration.  In this case, the portion 
"appeal against  an examiner's decision of refusal" in Article 9 of the Patent Act shall be deemed to be replaced with 
"appeal  under Article 44(1) or 45(1) of the Trademark Act," the portion " appeal against  an examiner's decision of 
refusal" in Article 14 of the Patent Act shall be deemed to be replaced with " appeal  under Article 44(1) or 45(1) of 
the Trademark Act," the portion "(ii) where the procedures do not comply with the formal requireme nts provided 
by this Act or an order thereunder" in Article 17(3) of the Patent Act shall be deemed to be replaced with "(ii) where 
the procedures do not comply with the formal requirements provided by this Act or an order thereunder; (ii) -2 
where, pertain ing to the procedures, the registration fee under Article 40(2) of the Trademark Act or the registration 
fee (including the registration surcharge due and payable pursuant to Article 43(1) or 43(2) of the Trademark Act) 
payable at the time of application f or registration of renewal pursuant to Article 41 -2(7) of the Trademark Act is  
 
 
 
 
62 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 pursuant to Article 68(1) of the Trademark Act))."  
(3) The provision of Article 25 (Enjoyment of rights by foreign nationals) of the Patent Act shall apply mutatis 
mutandis to a trademark right and other rights relating to the trademark registration.  
(4) Article 26 (Effect of treaties) of the Patent Act shall apply mutatis mutandis to the trademark registration and 
defensive mark registration.  
(5) The provisions of Articles 189 to 192 (Serv ice) of the Patent Act shall apply mutatis mutandis to service provided 
in this Act.  
(6) Article 195 -3 of the Patent Act shall apply mutatis mutandis to dispositions under this Act or under an order based 
on this Act.  
(7) Article 195 -4 (Restriction on request for review under provisions of Administrative Complaint Review Act ) of the 
Patent Act shall apply mutatis mutandis to an examiner's decision, a ruling to dismiss an amendment, a rescission 
decision, appeal/trial  decision, a ruling to dismiss a written opposition, a ruling to dismiss a written request for 
appeal/trial  or retrial under this Act and to a disposition against which no appeal lies in accordance with this act , or 
inaction thereof . 
 
(Transitional measures)  
Article 77 -2 Where an order is established, revised or abolished pursuant to this Act, transitional measures (including 
transitional measures relating to penal provisions) to the extent deemed reasonably necessary for the establishment, 
revision or abolishment may be provided by the sai d order.  
 
CHAPTER 9 PENAL PROVISIONS  
 
(Crime of infringement)  
Article 78  An infringer of a trademark right or an exclusive right to use (excluding one who has committed an act that 
shall be deemed to constitute infringement of a trademark right or an exclu sive right to use under Article 37 or 
Article 67) shall be punished by imprisonment with work for a term not exceeding ten years or a fine not exceeding 
10,000,000 yen or combination thereof.  
 
Article 78 -2 Any person who has committed an act that shall be deemed to constitute 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 or 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 right based on defensive mark registration, decision on opposition to 
registratio n 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 exceeding 3,000,000 yen.  
  
 
 
 
 
63 (Crime of false indication)  
Article 80  Any person who fails to comply with Arti cle 74 shall be punished by imprisonment with work for a term 
not exceeding three years or a fine not exceeding 3,000,000yen.  
 
(Crime of perjury, etc.)  
Article 81  (1) A witness, an expert witness or an interpreter who has taken an oath under this Act and made a false 
statement or given a false expert opinion or a false interpretation before the Patent Office or a court commissioned 
thereby, shall be punished 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 preceding paragraph has made a voluntary confession before 
a transcript of the judgment on the case has been served, or a decision on an opposition to registration or appeal/trial  
decision has become final and binding, the punishment may be reduced or waived  
 
(Crime of breach of confidentiality order)  
Article 81 -2 (1) Any person who fails to comply with an order pursuant 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 term not exceeding five years or a fine 
not exceeding 5,000,000yen or combination thereof.  
(2) The prosecution of the crime  under the preceding paragraph may not be instituted unless a complaint is filed.  
(3) The crime under paragraph (1) shall apply to a person who commits 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 person or 
individual, any act in violation of the provisi ons prescribed in the following items, in addition to the offender, the 
juridical 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 in the following i tems:  
(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 Article 81 -2(2) against the offender shall a lso have effect 
on the juridical person or individual and 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 period of prescription shall be governed by the same rules as for crimes in the 
provisions thereof.  
 
(Non -penal fine)  
Article 83  Where a person who has taken an oath under Article 207(1) of the Code of Civil  Procedure as applied 
mutatis mutandis pursuant to Article 151 of the Patent Act as applied mutatis mutandis pursuant to Article 71(3) of 
the Patent Act as applied mutatis mutandis pursuant to Article 28(3) (including cases where it is applied mutatis  
 
 
 
 
64 muta ndis pursuant to Article 68(3) of this Act) of this 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 t o 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 mutat is mutandis pursuant to Article 62(1) (including cases where it is 
applied mutatis mutandis pursuant to Article 68(5) of this Act), or Article 58(3) of the Design Act as applied mutatis 
mutandis pursuant to Article 62(2) (including cases where it is applie d mutatis mutandis pursuant to Article 68(5) 
of this Act) has made a false statement before the Patent Office or a court commissioned thereby, the said person 
shall be liable to a non -penal fine not exceeding 100,000 yen.  
 
Article 84  A person who has been summoned by the Patent Office or a court commissioned thereby in accordance with 
this Act and fails to appear or refuses to take an oath, make a statement, testify, give an expert opinion or interpret 
without a just cause shall be liable to a non -penal fin e not exceeding 100,000yen.  
 
Article 85  A person who has been ordered by the Patent Office or a court commissioned thereby to submit or present 
documents or other materials for the purpose of examination or preservation of evidence in accordance with this 
Act, and fails to comply with the order without a just cause 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  
 
 
Attache d 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  
4,200  yen per case   
 
 
 
 
65 as applied mutatis mutandis 
under Article 9(3) and  Article 
13(1), or Article 5(3) of the 
Patent Act as applied mutatis 
mutandis under Article 77(1)  
 
4  
Person requesting the division 
of a trad emark 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 40,00 0 
yen for each class  
 
9  
Person requesting to intervene 
in a trial or retrial   
55,000 yen per case