From April 1, 2015 on, non-traditional trademarks, i.e., (1) a color mark, (2) a sound mark, (3) a motion mark, (4) a hologram mark, and (5) a position mark, will be introduced into the Japanese trademark law. For example, you may file applications for the following marks:

(1) Color Mark

(2) Sound Mark

(3) Motion Mark

(4) Hologram Mark

(5) Position Mark

If, for example, your company has a specific corporate color, use a specific sound or motion on your TV commercials, apply a hologram to your goods, or makes a specific feature on your goods, these may be protected as trademark. It should be noted, however, that the so-called “secondary meaning” or “acquired distinctiveness” may be required.
 
Please note that there is no transitional period for these new non-traditional trademarks. This means that applications for non-traditional trademarks will be examined on a first-come-first-served basis from April 1, 2015, as in the case of normal trademark applications. Therefore, you should be prepared to file applications for non-traditional trademarks in advance. For your information, the following information or materials will be necessary to file applications for non-traditional trademarks.

YES: necessary. NO: unnecessary. OPTIONAL: optional.
* Please note that “Mark Description” and “Materials to be Filed” are taken into consideration for the purpose of determining the scope of a trademark right. Article 27(3) of the new Trademark Law.

If you have any questions or need any additional information, please feel free to contact us.