Overview
Japan has relaxed the requirements for registering trademarks that include another person’s name under an amendment to the Trademark Law enacted on 14 June 2023. The revised provisions apply to applications filed on or after 1 April 2024.
Background
Under the previous system, a trademark containing another person’s name could not be registered without obtaining consent from all individuals with the same name, regardless of the fame of the name or the nature of the mark (Article 4(1)(viii)).
This strict rule often led to refusals even for well-known brands, especially in industries such as fashion, where personal names (e.g., founders or designers) are commonly used as trademarks.
Key Changes
1. Introduction of a “Fame Requirement”
Consent is now required only for names that are:
- Widely recognized among relevant consumers in the field of goods or services concerned.
If the name is not sufficiently well-known, consent from all individuals with the same name is no longer required.
2. Additional Government Ordinance Requirements
To prevent abusive filings, two additional conditions must be satisfied:
- There must be a reasonable relationship between the applicant and the name included in the mark
(e.g., the applicant’s own name, founder’s name, or a name already used in business) - The application must be filed without malicious intent
3. Examination Framework
As illustrated in the flowchart on page 2, the JPO examines:
- Whether a person with a well-known identical name exists
- Whether the ordinance requirements are satisfied
Depending on these factors, the application may proceed, require consent, or be refused.
Practical Implications
- Reduces the burden of obtaining consent from all individuals with the same name
- Facilitates branding strategies using personal names
- Maintains protection of personality rights through:
- Fame-based filtering
- Anti-abuse requirements
Additional Notes
- The revised rules apply equally to foreign names.
- Consent alone does not automatically satisfy all requirements, particularly the “reasonable relationship” condition.
- Prior users may continue using their marks under certain conditions (continuous use rights).
Source
- Japan Patent Office (JPO), “Relaxation of Requirements for Trademarks Containing Another Person’s Name” (updated October 1, 2025)
The cases presented here are based on publicly available JPO decisions and are provided for informational purposes only.