Q1: What is a trademark?
A trademark is a sign—such as a name, logo, slogan, symbol, or design—that distinguishes the goods or services of one business from others.
Q2: Why should I register a trademark?
Trademark registration provides exclusive rights, legal protection against misuse, brand value, and enforceability against infringers
Q3: What can be registered as a trademark?
Words, logos, slogans, labels, device marks, shapes, colors (in some countries), sounds, and combinations thereof.
Q4: Can I register a trademark without starting my business?
Yes. In most countries, trademark applications can be filed before commercial use, subject to later use requirements.
Q5: How do I know if my trademark is available?
A trademark search is conducted to identify identical or similar existing marks in relevant classes.
Q6: What is a trademark class?
Trademark classes categorize goods and services. Correct class selection is critical for protection.
Q7: How long does trademark registration take?
Timelines vary by country, typically ranging from 3 months to 24 months, depending on objections and oppositions.
Q8: How long does a trademark last?
Most trademarks are valid for 10 years and can be renewed indefinitely.
Q9: Is trademark protection worldwide?
No. Trademark rights are territorial and apply only in the countries where the mark is registered.
Q10: Can I register my trademark in multiple countries?
Yes, through individual national filings or via the Madrid Protocol for international registration.
Q11: What is the Madrid Protocol?
It is an international system that allows trademark owners to seek protection in multiple member countries through a single application.
Q12: What can cause a trademark application to be rejected?
Lack of distinctiveness, similarity to existing marks, generic terms, or prohibited content.
Q13: Can I register my name or logo together?
Yes. If the name is included in the logo, protection is granted to the entire representation as filed.
Q14: What is trademark opposition?
A legal challenge by a third party during the publication stage of a trademark application.
Q15: Is trademark use mandatory after registration?
Yes. In many countries, non-use for 3–5 consecutive years may lead to cancellation.
Q16: Can a trademark be sold or licensed?
Yes. Trademarks are intellectual property assets that can be assigned or licensed.
Q17: Can foreign individuals or companies register trademarks?
Yes. Most countries allow foreign applicants, often requiring a local agent or representative.
Q18: Does trademark registration prevent domain name misuse?
A registered trademark strengthens legal action against infringing domain names.
Q19: Is trademark registration a one-time process?
No. Trademarks require periodic renewals and, in some jurisdictions, maintenance filings.
Q20: Can a trademark be sold or licensed?
Yes. Trademarks are intellectual property assets that can be assigned or licensed.
Q21: Can foreign individuals or companies register trademarks?
Yes. Most countries allow foreign applicants, often requiring a local agent or representative.
Q22: Does trademark registration prevent domain name misuse?
A registered trademark strengthens legal action against infringing domain names.
Q23: Is trademark registration a one-time process?
No. Trademarks require periodic renewals and, in some jurisdictions, maintenance filings.
Q24: How long does a Japan trademark last?
A registered trademark in Japan is valid for 10 years from the date of registration and may be renewed indefinitely for successive 10-year periods.
Q25: Do I need a Japan address to file a trademark?
No. Foreign applicants do not need a Japan address; however, appointment of a locally qualified Japanese trademark agent is mandatory.
Q26: How long does trademark registration take in Japan?
If no objections or oppositions arise, trademark registration in Japan generally takes 6–8 months.
Q27: Is Japan a first-to-file country?
Yes. Japan follows a first-to-file system.
Q28: Are multi-class trademark applications allowed in Japan?
Yes. Japan permits multi-class trademark applications.
Q29: What is the opposition period in Japan?
Japan – Trademark FAQs (10)
1. How long does a Japan trademark last?
A registered trademark in Japan is valid for 10 years from the date of registration and may be renewed indefinitely for successive 10-year periods.
2. Do I need a Japan address to file a trademark?
No. Foreign applicants do not need a Japan address; however, appointment of a locally qualified Japanese trademark agent is mandatory.
3. How long does trademark registration take in Japan?
If no objections or oppositions arise, trademark registration in Japan generally takes 6–8 months.
4. Is Japan a first-to-file country?
Yes. Japan follows a first-to-file system.
5. Are multi-class trademark applications allowed in Japan?
Yes. Japan permits multi-class trademark applications.
6. What is the opposition period in Japan?
Japan has a post-registration opposition system, allowing oppositions to be filed within 2 months after registration.
7. Is proof of use required at the time of filing?
No. Proof of use is not required to file a trademark application.
8. Can I file a Japan trademark through the Madrid Protocol?
Yes. Japan is a member of the Madrid System, and protection can be obtained by designating Japan in an international application.
9. Can foreign individuals or companies own trademarks in Japan?
Yes. There are no nationality restrictions, subject to local agent appointment.
10. What happens if a trademark is not used in Japan?
A registered trademark may be cancelled for non-use if it is not used for three consecutive years after registration.
Q30: Is proof of use required at the time of filing?
No. Proof of use is not required to file a trademark application.
Q31: Can I file a Japan trademark through the Madrid Protocol?
Yes. Japan is a member of the Madrid System, and protection can be obtained by designating Japan in an international application.
Q32: Can foreign individuals or companies own trademarks in Japan?
Yes. There are no nationality restrictions, subject to local agent appointment.
Q33: What happens if a trademark is not used in Japan?
Japan – Trademark FAQs (10)
1. How long does a Japan trademark last?
A registered trademark in Japan is valid for 10 years from the date of registration and may be renewed indefinitely for successive 10-year periods.
2. Do I need a Japan address to file a trademark?
No. Foreign applicants do not need a Japan address; however, appointment of a locally qualified Japanese trademark agent is mandatory.
3. How long does trademark registration take in Japan?
If no objections or oppositions arise, trademark registration in Japan generally takes 6–8 months.
4. Is Japan a first-to-file country?
Yes. Japan follows a first-to-file system.
5. Are multi-class trademark applications allowed in Japan?
Yes. Japan permits multi-class trademark applications.
6. What is the opposition period in Japan?
Japan has a post-registration opposition system, allowing oppositions to be filed within 2 months after registration.
7. Is proof of use required at the time of filing?
No. Proof of use is not required to file a trademark application.
8. Can I file a Japan trademark through the Madrid Protocol?
Yes. Japan is a member of the Madrid System, and protection can be obtained by designating Japan in an international application.
9. Can foreign individuals or companies own trademarks in Japan?
Yes. There are no nationality restrictions, subject to local agent appointment.
10. What happens if a trademark is not used in Japan?
A registered trademark may be cancelled for non-use if it is not used for three consecutive years after registration.