Businesses entering Japan should consider trademark protection early. Although the system resembles Korean practice, procedures and examination standards differ in important respects.
In particular, the Japanese notation of the name of the applicant, the way the address is converted, the expression of the designated goods, and the determination of the distinctiveness of the trademark are frequently problematic factors in the actual application process.
In this article, we have summarized the frequently asked questions about Japanese trademark applications in the form of Q&A.
What is the name of the applicant in the Japanese trademark application?
The applicant is the individual or legal entity who obtains the trademark right, and the applicant's name must be written in Japanese in the Japanese patent application form. This process requires a careful approach, as it is not a simple translation, but a notation that has real legal effect.
The biggest question is how to express your name or company name in Japanese.
Options include katakana transliteration, appropriate Chinese characters, or a Japanese rendering of the English pronunciation.
The important thing is that the brand image can vary depending on the notation. Even the same name can give a natural and stylish impression, or vice versa, an awkward or negative nuance.
For example,
- For “SeAH”, the Japanese rendering 「セアー」 may give a more stable impression than 「セア」.
- For “ISOL”, 「イソル」 may evoke a type of fish, whereas 「アイソル」 may be perceived more naturally.
Since such a simple sound difference can cause unexpected connotations, a comprehensive review of industry, target, and brand images is also required.
How do I enter an applicant address?
The applicant's address must also be written in Japanese and reconstructed in a format that can be understood by the Japanese patent office.
For international addresses, in particular, it is necessary to arrange the notation according to the Japanese administrative document, not just translation. If you don't reflect this correctly, a correction command may occur.
For example,
5th Floor, ABC Building, 123, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Incorrect example: 「ソウル特別市 カンナム区 テヘラン路 123 ABCビル 5階」
Appropriate example: 「大韓民国 ソウル特別市 江南区 テヘラン路123 ABCビル5階」
The key is:
- Place the country name at the beginning of the address.
- Converting administrative districts into notations in Japan
- Reordered in Japanese style
The same approach applies to other overseas addresses.
Example: “123 Oxford Street, London, UK” → 「イギリス ロンドン市 オックスフォード通り123」
What type of trademark should I submit?
Trademarks may be filed in the form of letters, shapes, and logos (character + shape combination), and the scope of rights may vary by choice.
- Word marks
Protects the letter itself and provides a wide range of rights regardless of font or color. - Word marks
Protects the visual element, depending on whether it is colored or not. - Logo trademark
It can protect letters and designs together, which is good for anti-copying.
Therefore, it is important to strategically select the type of application, taking into account the way the brand operates and the plan for future use.
How to set a designated good (service)?
Japan uses the Nice Classification, but a class number alone is insufficient. Goods and services must be described in clear terms accepted by the Japan Patent Office.
For example, comprehensive representations such as “skincare products” may not be recognized,
Specify the goods more precisely, for example 「化粧水」 (toner), 「乳液」 (lotion), 「クリーム」 (cream) or 「美容液」 (serum).
The same applies to services: “consulting services” → 「経営のコンサルティング」 (business management consulting).
Corrective procedures may occur if they are different from the standard name, requiring accurate clearance in the early stages.
Is Distinctiveness Important in Japan?
Yes, distinctiveness is a key criterion for registering in Japan as well.
The description of the product's properties, quality, and effectiveness is generally difficult to register.
Example:
- 「美味しいパン」 (“delicious bread”)
- 「やさしい薬」 (“gentle medicine”)
Coined words, suggestive expressions, and distinctive logos may be more likely to meet the distinctiveness requirement.
Assess distinctiveness before filing.
A Japanese trademark application is not just a document submission process, but a comprehensive design process including name, address, trademark form, designated goods, and distinctiveness.
In the early stages, these factors should be thoroughly reviewed to ensure a stable right without unnecessary correction or delay.
For businesses entering Japan,
trademark protection should be considered early in the market-entry plan.
This article reflects the information available when it was published. Contact us to discuss your circumstances.