Method screening and substance examination
When you apply for a trademark registration, the method is first reviewed.
If there is an important defect, such as the absence of the applicant's name, the date of application will not be certified.In Japan, where early winners adopt a pre-application principle, it is very important to have the filing date certified.
However, since it is an electronic application recently, important items, etc. are checked by the application software before filing, and the application itself is not possible, so there are few defects that are not certified on the filing date.
When the filing date is certified, formal matters such as whether the items are properly stated or whether the necessary prescribed fees are paid are reviewed, and the applicant is notified of the correction order if compensation is required.
If the method requirements are met, the examiner of the Patent Office will conduct a substantive examination to determine whether the applied trademark meets the requirements that can be registered, approximately six to nine months after filing.
What is substance review?
In the substantive examination, the examiner of the Patent Office checks the matters described in Article 15 of the Trademark Act "Assessment of Rejection" and determines whether the trademark filed should be registered.If it is determined that it violates Article 15, the applicant will be notified of the reason for refusal.
The following describes the "reasons for refusal" as set forth in Article 15.
Trademark Registration Requirements (Article 3)
Trademarks used for their own business (article 3, paragraph 1)
Article 3,1 contains the "Trademarks used for products or services pertaining to their own business may be registered as trademarks except for the trademarks listed below. It is stipulated that you will not be able to register unless you have a trademark that you use for your business.
For example, the following is not allowed to be used for your own work:
(1) When it is obligatory to have a national qualification, etc. prescribed by law in order to perform the business pertaining to the designated service, from the name of the applicant, etc. described in the application, the applicant is a corporation capable of performing the business pertaining to the designated service, or, as an individual, the national qualification, etc. If you cannot confirm that you have (2) i
f the applicant has no intention of starting the use of the trademark within 3-4 years after filing (until the time equivalent to 3 years after registration).
Is it identifiable (article 3, paragraph 1, each item)
It is assumed that it is not possible to register it if it does not have the so-called "identification power" as a registration requirement of the trademark in article 3 paragraph 1 of the trademark law.
Article 3, paragraph 1, stipulates that it does not have "discerning power".
| No. 1 Displaythe common name in a normal way |
| No.2 Used Trademarks |
| No.3 Descriptive Trademarks |
| No. 4 Common mr. or name |
| No.5 Extremely Simple and Common Trademarks |
| No. 6 A trademark that does not recognize that the customer is a product or service pertaining to some business |
If the patent trademarks fall under these conditions, the applicant will be notified of the reason for refusal.
For more information, see "Non-Identifiable Trademarks."
Trademarks that have become prominent by use (Article 3, Paragraph 2)
Even if a trademark falls under No. 3 through 5, the trademark may be registered for the use of the trademark and is recognized nationwide among the consumers of the product or service as a notice of origin of some.
Trademarks that cannot be registered as trademarks (article 4, paragraph 1)
The examiner will determine whether the trademark falls under a trademark that cannot be registered under paragraph 4, paragraph 1, and, where applicable, notify the applicant of the reason for refusal.
These trademarks are largely
♦Trademarks contrary to the publ
ic interest ♦Trademarks of others and misleading trademarks
is divided into.Specific items are as follows.
| No. 1 National flag, chrysanthemum emblem, etc. |
| No.2 Trademarks that are the same or similar as those specified by the Minister of Economy, Trade and Industry in the Coat of Arms of allies of the Paris Convention, etc. and other emblems |
| No.3 Trademarks that are the same or similar as those specified by the Minister of Economy, Trade and Industry in representations of the United Nations and other international organizations |
| No. 4 Trademarks that are identical or similar to red cross marks |
| No. 5 Seal or symbol for supervision or proof of the government or local government of the Parties to the Convention |
| No. 6 Trademarks that are the same or similar to those of prominent countries, etc. |
| No. 7 Trademarks that may harm public order and morals |
| No. 8 Trademarks including portraits, names, names, and prominent names of others |
| No. 9 Trademarks identical or similar to exposition awards |
| No. 10 A trademark that is the same or similar to a prominent trademark and is the same or similar to its designated product. |
| No.11 Trademarks that are the same or similar to others' registered trademarks |
| No.12 Trademarks identical to other people's registration protection marks |
| No. 14 Trademarks that are the same or similar to the name of the variety registered |
| No. 15 Trademarks that may cause confusion with products of other people's business |
| No. 16 Trademarks that may cause misidentification of the quality of the product or the quality of the service |
| No.17 A trademark used for wine, etc. produced in a region other than the one in question |
| No. 18 A trademark consisting of only features of products, etc. that are specified by cabinet order. |
| No. 19 A trademark that is prominent in Japan or abroad and used for unauthorized purposes |
Other reasons for refusal
Violation of registration requirements for regional group trademarks (Article 7-2, Paragraph 1)
In the case of a regional group trademark application, the examiner determines whether the application falls under the registration requirements of the regional group trademark, and if not, the examiner notifies the applicant of the reason for refusal.
Violation of the requirements of the application (Article 8, Paragraph2, paragraph 5)
Article 8, Paragraph 2, "When two or more trademark registration applications have been filed on the same day for the same or similar trademarks used for the same or similar goods or service, Only one trademark registration applicant specified by the consultation of the trademark registration applicant may receive a trademark registration for the trademark. It is stipulated that only applicants who have applied for the application can receive registration.
In addition, when the fifth paragraph failed to determine the nearest applicant through consultation, "only a certain trademark registration applicant specified by lottery by a fair method performed by the Commissioner of the Patent Office may receive a trademark registration. It has been stipulated.
In the event of a trademark application in violation of these, the examiner will notify the applicant of the reason for the rejection.
Violation of re-application period after cancellation of trademark registration (Article 51, Paragraph 2, Paragraph 53, paragraph 2)
Not five years have passed since the date of the decision to cancel the trademark registration, the designated product or designated service or the service or service similar to the trademark registration, You may not register your trademark or similar trademark.
In the event of a trademark application in violation of these, the examiner will notify the applicant of the reason for the rejection.
Violation of the Rights of Foreigners (Article 77, Paragraph 3)
If a person who is not a foreign national who does not have an address or residence in Japan (for a corporation, a sales office) and does not have the right to file a trademark application in Japan has filed an application, the examiner will notify the applicant of the reason for refusal.
Those who cannot register a trademark pursuant to the provisions of the Convention (Article 15, Paragraph 2)
In the case of an application for a trademark that cannot be registered as a trademark under the provisions of the Convention, th
e examiner will notify the applicant of the reason for the rejection.
Is the trademark identified (Article 5, Paragraph 5)
If you intend to register a trademark for a special trademark, you must identify the trademark specifically as stipulated in the Ordinance of the Ministry of Economy, Trade and Industry.
If the trademark is not specifically identified, the examiner will notify the applicant of the reason for the rejection.
Application for one trademark (Article 6)
A trademark registration application must be made for each trademark, specifying one or more products or duties to use the trademark.(One-application multi-classif
ication system) and the designation must be in accordance with the classification of goods and duties specified by cabinet order.
In the event of a trademark application in violation of these, the examiner will notify the applicant of the reason for the rejection.
Reference material
Trademark Law
(Examination by examiner) Artic
le 14 The Commissioner of the Patent Office shall have the Examiner examine the trademark registration application.
Article 15 (Asses
sment of Rejection) The examiner shall make an assessment that a trademark registration application should be rejected when it falls under any of the following items:
1. Including cases in which trademarks pertaining to the trademark registration application shall apply mutatis mutandis to Article 3, Article 4, paragraph (1), Article 7-2, paragraph (1), Article 8, paragraph (2) or paragraph (5), article 51, paragraph (2) (paragraph (2).When it is not possible to register a trademark pursuant to the provisions of Article 25 of the Patent Act, which is mutatis mutandis under Article 53, paragraph (2) or Article 77, paragraph (3).
When a trademark pertaining to the trademark registration application is not able to register a trademark pursuant to the provisions of the Convention.
When the trademark registration application does not meet the requirements prescribed in Article 5, paragraph (1) or paragraph (1) of Article 6.
(Trademark registration requirements)
Article 3 (1) A trademark that uses a product or service pertaining to its own business may be registered as a trademark, except for the trademarks listed below.
Trademark 2 consisting only of the mark to display the normal name of the product or service in a way normally used, the product
or the trademark 3 that is conventional for the product or service the or
igin of the product, sales place, quality, raw material, efficacy, application, shape (including the shape of the packaging.The same shall be made in Article 26, paragraph (1), item (2) and item (3).Method or timing other features of production or use, quantity or price or the location of the provision of the service thereof, quality, those to be offered for the provision, efficacy, application, mode, method or time of provision, Trademark se, which consists only of marks that display quantities or prices in a way th
at is normally used, and trademarks consisting only of marks that display the common mr. or name in a w
ay that is normally used, and in addition to the ones listed in each ite
m of trademark six, which consists only of ordinary marks. Trademark 2, which cannot recognize that the customer is a commodity or service pert
aining to some business, even if the trademark corresponding to item 3 to 5 of the preceding paragraph, Any product or service that the customer is aware of as a result of the use of some business may be registered as a trademark, notwithstanding the provisions of the same paragraph.
(Trademarks that cannot be registered as trademarks) Art
icle 4 The following trademarks may not be registered with trademarks, notwithstanding the provisions of the preceding Article.
1 National flag, chrysanthemum emblem, medal, medal or trademark two
similar to the flag of a foreign country Paris Convention (1901 in Brussels on December 14, 191, in Washington on June 2, 1911, 1925 in The Hague, in London on June 2, 1934, 1958 may 31, 1958 in Lisbon and 1967 July 14, 1967 refers to the Paris Treaty on March 20, 1883 concerning the protection of industrial property revised in Stockholm.The same below.allies, countries of the World Trade Organization or parties to the Trademark Law Convention, emblems and other emblems of countries of the Trademark Law Convention (excluding the flags of allies of the Paris Convention, members of the World Trade Organization or parties to the Trademark Law Convention).trademarks that are the same or similar as those specified by the Minister of Economy, Trade and Industry, the U
nited Nations and other international organizations (hereinafter referred to as "International Organizations") in thetrademarks that are the same or similar as those specified by the Minister of Economy, Trade and Industry in the mark (excluding the following))
A trademark or similar that is widely recognized among the customer as displaying goods or services pertaining to his or her own business, and the use of the product or service or any goods or services similar thereto; A trademark consisting of a mark
that is the same or similar to a mark that displays the abbreviation of an international organization, and is used for goods or duties that are not likely to cause a misidentification that is related
to the international organization. Act on Restriction s e. Limitation of the Use of Red Cross Marks and Names, etc. (No. 159 of the Showa 22 Act) Article 1, paragraph (159) The First Mark or The Act on Measures for the Protection of The People in the Situation of An Armed Attack (Heisei 16 Law, No.
1112) A trademark that has the same or similar marks as those specified by the Minister of Economy, Trade and Industry in the seal or symbol for supervision or proof of the government or the parties to the World Trade Organization or the Convention on the Trademark Law, an ally of Japan or the Paris Convention. Any goods or services or services that are used in the seal
or symbol s. A trademark that is not intended for profit or that is not intended for profit in a public interest-related business and that is not intended for profit, and that is the same or similar as a prominent trademark, may harm the order
of the public or good morals. A likeness of another person or
a trademark that contains the name or name of another person or a prominent name, stage name or stroke name or these prominent abbreviations (except those with the consent of the others)9.
Governmentori local governments (hereinafter referred to as "governments, etc.")a trademark (in which the person who has the same or similar marks as an international exposition award established by a person who has been established by an exposition or a person other than the government, etc.) that conforms to the standards set forth by the Commissioner of the Patent Office or who has received the permission of the government, etc. or a foreign country (as part of the trademark by the person who received the award Except for those that use the mark.A
trademark that is widely recognized among the customer as displaying goods or services pertaining to the business of another person, or a trademark similar to this, and the product or service or the use of goods or services similar to these. A registered trademark or a trademark similar to an
other person's registration application prior to the date of the trademark registration application shall be a designated product or designated service pertaining to the trademark registration (including cases where mutatis mutandis in Article 6, paragraph (1) (paragraph 1 of Article 68)Refers to the goods or duties specified pursuant to the provisions ofThe same below.Or to use for goods or d
uties similar to these 12.The same below.13. For use with designated products or designated services pertaining to the registration of the protective mark, the name of t
he variety reg
istered under article 18, paragraph (1) of article 18, paragraph (1) of the 14th And 3rd Seed Seedling Act of the Heisei 10 years Law is a trademark that is the same or similar to the name of the breed, 15. For use in the seed or service of the breed or similar products or ser
vices, trademarks that may cause confusion with goods or services pertaining to the business of others (excluding those listed in item 10 through above)17
trademarks that may mislead the quality of the product or the quality of the serv
ice A sign that displays the origin of wine or spirited sake in Japan designated by the Commissioner of the Patent Office or the grape or distillation of wine or spirited wine of a member state of the World Trade Organization, and the use of wine or distilled liquor produced in a region other than the said one in that member state shall be used in the said member country. In a trademark that has a prohibited object, and what is used for wine or spirits produced in a region other than the desired region, etc. 18
products, etc. (refers to the packaging or service of goods or products).The same shall be made in Article 26, paragraph (1) (5).Trademark 19 consisting only of the fe
atures that The purpose of fraud (for the purpose of obtaining the benefit of injustice, the purpose of harming others, or other purposes of fraud)The same below.( excluding those listed in the preceding items).）