Unique Features of the Japanese Trademark System
Japan’s trademark system has several distinctive characteristics compared with other jurisdictions. Understanding these features is essential when seeking trademark protection in Japan.
1. Strict Examination by the Japan Patent Office (JPO)
The Japan Patent Office conducts a substantive examination of trademark applications.
Examiners carefully review whether a mark is distinctive and whether it conflicts with prior registered marks.
As a result, refusal decisions based on similarity with earlier marks are relatively common.
2. Strong Protection Against Similar Marks
Japan adopts a strict similarity standard when comparing trademarks.
The examination considers three aspects:
- Appearance (visual impression)
- Sound (pronunciation)
- Concept (meaning)
Even if marks are not identical, they may be refused if the overall impression is considered similar.
3. Classification and Similar Goods/Services System
Japan uses a unique similar goods and services examination system.
Even if goods or services belong to different Nice classes, the application may still be refused if the goods or services are regarded as similar under the JPO’s examination guidelines.
This system sometimes surprises foreign applicants who assume that different Nice classes automatically avoid conflicts.