Once a trademark has been registered, the applicant is entitled to the exclusive rights to use the registered mark on the Goods/Services of the registration. If a third party uses a trademark which is identical or similar to the registered trademark, it will be considered an infringement of the trademark right. In that case, a demand to stop the use of the mark in question can also be made. Claims for damages against the infringer then can be made.

If the application doesn’t meet the conditions of registration, the Japan Patent Office issues notice for a provisional refusal. The applicant has an opportunity to submit an argument to overcome the provisional refusal. It is most important to understand the details of the reason of the refusal and respond to it accurately. ASAMURA PATENT OFFICE, p.c. suggests the best way for registration and supports clients in obtaining trademark rights.

In case arguments and/or amendments can not be eliminated, a decision of refusal will be made. But, applicants can demand an appeal against the examiner’s decision of refusal, when dissatisfied with the decision of the refusal. ASAMURA PATENT OFFICE, p.c. endeavors to the utmost to ensure the best results for its clients.

Any person can file an opposition to the decision to register with the commissioner of the Japan Patent Office within two months from the publishing date of the Trademark Gazette. Even after a trademark is registered, interested parties can demand an appeal for invalidation.

Where a registered trademark has not been used in Japan for three consecutive years or longer by the holder from the registration date, any person can demand a trial for cancellation based on non-use. For instance, in case some prior trademarks are cited in the provisional refusal against an application, an opposition, an appeal for invalidation or cancellation can be filed against the cited marks. Then, if an appeal examiner issues a decision that the cited trademark right is revoked, the obstacle against the client’s application will be resolved. In this way, ASAMURA PATENT OFFICE , p.c. gives the most appropriate advice for each case and strongly supports clients to obtain trademark rights. To the contrary, if a client’s registered trademark(s) are opposed, it will be considered whether the client’s trademark rights lapsing can be avoided and the best option for the client to defend would be advised.

Attorneys at law of the Legal department represent clients in connection with revocation suits against appeal decisions of refusal, infringement litigations, and other various court procedures. Patent attorneys belonging to the Trademark and Design department cooperate with attorneys at law. ASAMURA PATENT OFFICE, p. c. endeavors to the utmost to always ensure the best results for its clients.

Trademark rights which have been granted are valid for 10 years unless cancelled. And, they are renewable for the period of 6 months before the expiration date. ASAMURA PATENT OFFICE, p. c. certainly administrates the renewal date of trademark registrations with a sophisticated computer system. At the appropriate time, Renewal Reminders are sent asking for instructions to either renew or remove registered trademarks before the said due date. The sophisticated computer system allows that client’s important trademark rights are maintained without fail.

In addition to the above matters, ASAMURA PATENT OFFICE, p. c. also deals with the following matters.

Transfer of rights (assignment; inheritance; merger) / Change of name /Change of address / License (exclusive license; non-exclusive license) / Pledge / Voluntary cancellation (abandonment) / Negotiation (compromise; requests for withdrawal of the trial or opposition; assignment) / Warning letters / Expert opinion on similarity of trademarks (risk for infringement) / Requests for official opinions in connection with the scope of the right

If you have any other requests regarding trademarks, please feel free to contact us.