最終更新日 2023-02-17
What is a trademark register?
A trademark register is an official record of registered Japanese national trademarks kept by the Japanese Patent Office. It is created when a trademark right is established. It is updated when a change to the trademark right has occurred.
Since a trademark right is an exclusive right that affects the general public, its existence, content, ownership, and change are to be made known by recording them with the trademark register under the Japanese trademark system.
As to an international registration designating Japan under the Madrid Protocol, a Mad-pro register is created by the JPO when a trademark right is established based on the international registration, in addition to the International Register maintained by WIPO. The Mad-pro register is maintained by the JPO, which records registrable matters specific to Japan, such as a license.
What can be registered?
Among others, the following transactions can be registered:
- Transfer of ownership of a trademark right by assignment, corporate merger, succession, etc.;
- Establishment or transfer of an exclusive license or a non-exclusive license;
- Establishment or transfer of a pledge (security interest);
- Division or divisional transfer of a trademark right;
- Cancellation of a trademark right in whole or in part by abandonment;
- Change or correction of name or address of the registrant; and
- Request for trial (such as non-use cancellation request and invalidation trial) and its concluded decision.
When do you need a copy of a trademark register?
You may need to obtain a copy of it in the following situation, for example:
- When considering purchasing another person’s registered trademarks, you may want to determine who the current registered owner is and whether any license, pledge, or any detrimental facts are recorded.
- When preparing for application for the recordal of change to your registered trademark, you will need to carefully confirm the information currently recorded to avoid typos in the new application.
- If you want to review your trademark portfolio, you may want to confirm whether all the registrations are up to date.
- If the examiner preliminarily refuses your trademark application by citing prior registered trademarks, you may want to determine whether they are valid or if any trials are filed against them.
- When you are considering enforcing your trademark right against a potential infringer, you will need to show them that your registration is valid and current.
How to obtain one?
A copy of a trademark register can be obtained through the online application system or by making a written request before the JPO or its branch offices for a fee.
Although the current status of a registered (or applied-for) trademark is available on the official Japanese trademark database (J-Plat-Pat), the information contained in the database is about three to four weeks older than that of the trademark register.
Furthermore, the name and address of the registrant (or applicant) are not translated into English (in fact, even on the Japanese language pages, the address of the registrant or applicant is shown partially due to privacy reasons).
If you need a copy of a trademark register, please contact your Japanese associate or me.