Where to file a trademark application with?

Have you decided to trademark your goods name or service name in Japan ? I am sure that you have no idea where to ask for in the fist place. If you are going to marry, you sort of know how to do it., don’t you. However, how about obtaining trademark rights in Japan ?   Do you know what organization handle trademarks in Japan ?

Japanese Patent Office (JPO)

As for where to accept trademark application, it is the “Japan Patent Office” hereinafter called JPO.

When I was a child, there was a famous tongue twister saying “Tokyo-to Tokkyo Kyoka-kyoku (東京都特許許可局)”. Have you ever heard of that? This is half-right and half-wrong. The wrong thing is there is no organization called TTK.

The right thing is that JPO is located in in Tokyo.
I’ll show you a google map whereabouts, so please pinch out and see the distance from Tokyo Station, which is a gateway to Tokyo.
JPO is not far from Tokyo Station.

The place where the JPO is located is called “Kasumigaseki”, where a lot of public (civil) servant work. Japanese Diet and Metropolitan Police Department are also located in Kasumigaseki. You may call it the center of Japan.

More correctly to JPO commissioner

Now, you understand where to file a trademark application. Strictly speaking, you address it to a JPO commissioner when making an application form for trademark registration. The postal address is also addressed to the JPO commissioner, and is also described on the JPO website as follows.

3-4-3 Kasumigaseki, Chiyoda-ku, Tokyo
To JPO commissioner

In fact, examinations and office work are handled by those working for the JPO.
I’ve been there some times, but I don’t know how to deal with the phone now. No.

Since the request for trademark registration is made by the Commissioner of the JPO, a registration certificate issued upon registration will also be issued in the name of the JPO commissioner.

Related article in Japanese Trademark Law is below.

(Application for Trademark Registration)
Article 5 (1) Any person who desires to register a trademark must submit an application to the Commissioner of the Patent Office accompanied by the required documents. The application must state the following:
(i) the name and the domicile or residence of the applicant for trademark registration;
(ii) the trademark for which registration is sought; and
(iii) the designated goods or designated services and the class of goods or services provided by Cabinet Order as provided for in Article 6, paragraph (2)
Quotation: http://www.japaneselawtranslation.go.jp/

How much does it cost for trademark registration ?

If you know where to file with, you might be wondering how much it costs.
Next, I will write how much money is required for trademark registration.
In order to protect your brand name/mark as a registered trademark, you have to pay the Japanese government, but the cost of registration is roughly divided into “service fees for patent attorney” and “patent revenue stamp fees” .

The JPO accept payment by patent revenue stamps.

Patent revenue stamp

You can buy patent revenue stamps at post offices.

Please note that revenue stamps cannot be used for trademark registration application and payment of registration fees.
When applying for trademark protection or paying  the registration fee via post, you can put it on the necessary documents. However, if you use the Internet called electronic application (application software), you do not have to buy a patent revenue stamp.

For your information, you can see the building of the JPO designed on the patent revenue stamp of the above tweet.
The design of the stamp changed from April 1, 2011.

Costs at least JPY40,200  for TM registration (10 years)

I would like to write here on the amount of patent revenue stamp charges. A simple calculation formula is as follows.

・ Trademark registration application fee
JPY3,400  + (number of classes x JPY 8,600)
・ Trademark registration fee
Number of classes × JPY28,200

For example, if you try to register a trademark related to your restaurant service in class 43, it is one class, so the cost of registration from application is applied to the above formula, application (3,400 + 8,600) + registration (2,8200).  It will be JPY40,200 in 10 years.

At the time of registration, you can choose to pay in installments twice every 5 years or in a lump sum for 10 years, but installments are a little higher, and the trademark registration fee is replaced by the following formula (in the case of installments: classification Number x JPY16,400 x 2). In the case of installment payment, it will be JPY44,800 in 10 years and JPY28,400  in 5 years.

What do you think?
If you pay JPY40,000  a month, it’s not very cheap, but you can think of it as a monthly rent.
Since the trademark right is effective for the whole of Japan, assuming that the whole of Japan is a single building, the tenant fee for restaurants on the 43rd floor (class) is about 40,000 per month, which is too cheap. You can only register your own trademark.

I calculated the cost (patent revenue stamp fees) required for 1 class to 4 classes, please refer to the table below.

If you are small business owners, I believe that  four classes are enough to cover all potential your business products and services.

Extra charges for document electrification

However, if you apply for trademark application via post without using a computer software, you will be charged a fee as handling fee for document electrification in accordance with the number of application paper.
・ Electrification fees
JPY1,200 + (number of documents x JPY700)

If you designate multiple (2 or 3) classes, your application will not fit on a single A4 sheet, so if you apply for in writing, The extra  fees of JPY1,900 or YEN3,600 will be required in addition the the fee table above.

The following is our attorney’s sales talk.
If you are not familiar with Japanese, it might be difficult for you to obtain trademark rights in Japan. We recommend you hire a someone who specialize in it is recommended that you ask a patent attorney to register.
Would you like to register your trademark and make it a registered trademark?

Please feel free to contact us.
We are looking forward to supporting you.

By |2019-11-07T21:19:51+09:001月 15th, 2019|