By Trish Sawhney
The information in this guide has been provided by the Canadian Department of Industry. Please note that this guide does not constitute legal advice and is merely intended to act as an aid if you are considering global expansion.
Where is IP registered?
The Japan Patent Office (JPO) is the Japanese government agency responsible for granting trademark, patent, utility model and design rights.
Filing System: Japan follows a "first-to-file" system for trademark rights, which means that whoever registers a trademark first holds the exclusive right to the use of the trademark.
Registration Period: In Japan, a trademark is registered for 10 years and can be renewed every 10 years.
Non-Use: If you are not regularly using your trademark in the Japanese marketplace, it may be subject to a dispute or challenged for non-use. Cancellation may be requested if the trademark is not used for 3+ consecutive years.
Madrid Protocol: As a member of the Madrid Protocol, Japan can be designated in an international application filed via the Madrid System.
There are several ways to enforce your rights against unauthorized use of your IP in Japan: