World Intellectual Property Organization

Japan (JP)

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Miscellaneous

Nice Classification

The Office does not accept the following terms of the Class Headings for the following classes:

1: Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry;

6: Ironmongery, small items of metal hardware; goods of common metal not included in other classes;

7: Machines and machine tools;

9: Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signaling, checking (supervision), life-saving and teaching apparatus and instruments;

12: Vehicles; apparatus for locomotion by land, air or water;

14. Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes;

16: Paper, cardboard and goods made from these materials, not included in other classes;

17: Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; packing, stopping and insulating materials;

18: Leather and imitations of leather, and goods made of these materials and not included in other classes;


20: Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics;

24: Textiles and textile goods, not included in other classes;

31: Grains and agricultural, horticultural and forestry products not included in other classes;

36: Financial affairs; monetary affairs;

37: Repair;

40: Treatment of materials;

41: Sporting and cultural activities;

42: Scientific and technological services and research and design relating thereto;

44: Agriculture, horticulture and forestry services;

45: Personal and social services rendered by others to meet the needs of individuals.


The JPO provides the Nice Alphabetical List with Japanese translation and Similar Group Codes. The Similar Group Codes group goods/services that are in principle presumed to be similar to each other in terms of trademark examination at the JPO. These groupings are available in the Examination Guidelines for Similar Goods and Services. The guidelines are made based on comprehensive criteria such as production sector, sales sector, materials, intended purpose, targeted consumers and other factors associated with the respective goods/services. This uniform standard not only enables examiners to conduct efficient searches and consistent examination, but also enhances predictability of determination on the similarity of goods/services for the applicants.

For details, please refer to the following two URLs.
Alphabetical List in Japanese Translation with Similar Group Code
Examination Guidelines for Similar Goods and Services (corresponding to the 10-2013th edition of the international classification)

Representation before the Office

Local representation is required for all persons who do not have either residence or domicile or in the case of a legal entity establishment in Japan.
List of local representatives.

Collective and Guarantee Marks

A certificate proving that the holder of a collective mark is a legal entity must be submitted to the Office within three months from the date of the provisional refusal being notified to WIPO.
Guarantee marks are not protected as trademarks.

Replacement

Recording of overlap in the National Register takes place ex officio under Article 68decies of the Japanese Trademark Law.
Recording of replacement in the international register takes place upon written request filed with the Office. No fees are required.

Transformation

If the international mark has not been granted protection in Japan on or before the date of cancellation, the Office examines the application resulting from transformation as to absolute and relative grounds and the following fees are to be paid to the JPO:

1. For international applications filed before January 1, 2003:
Filing fee: 3,400 JPY plus 8,600 JPY per class.

2. For international applications filed on or after January 1, 2003:
a) Filing fee: 3,400 JPY plus 8,600 JPY per class.
b) Registration fee: 37,600 JPY per class payable at the time of registration.

If the international mark has been granted protection in Japan on or before the date of cancellation, the Office examines whether other requirements are met, and then the following fees are to be paid: Filing fee: 3,400 JPY + 8,600 JPY per class.

Maintenance Requirement

Not required.

Licenses

Recording in the International Register of a trademark license related to international registration does not have effect in Japan.
However, the national legislation provides for recording in the National Register of licenses related to an international registration.

Last updated on: November 22, 2013

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