2026.02.25
Updates on the “Letter of Consent” System in Japan
TRADEMARK
Updates on the “Letter of Consent” System in Japan
Updates on the “Letter of Consent” System in Japan
The Letter of Consent ("LoC") system was introduced into the Japanese Trademark Law in April 2024. It should be noted that, in Japan, a LoC is not binding on the examiner. In other words, if the examiner believes that there is still a likelihood of confusion, she/he retains the discretion to refuse the application. Accordingly, applicant also needs to provide information and/or additional document(s) showing there are no likelihood of confusion between the junior and senior trademarks.
On April 7, 2025, the Japan Patent Office (“JPO”) registered a trademark for the first time under the LoC system. As of December 2025, the JPO granted 19 registrations in total during the examination process.
Here are a few examples of registration under the new LoC system.
1.
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(Applied-for) Trademark Reg. No. 6983844 Appl. No. 2024-82286 Filed on 30/07/2024 |
SKINHAPTICS |
Applicant: K.K. ESSENCE (JP) Class(es) and Goods/ Services:03 Soaps and detergents; cosmetics. |
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(Prior) Trademark 1. IR No. 1301647 2. IR No. 1687688 |
1.
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Registrant: SKINHAPTICS. sarl (FR) Class(es) and Goods/ Services:03 Cosmetics; skin care preparations; preparations for face, body and hand care; perfuming and cleaning preparations; toiletries; products for body hygiene; essential oils and aromatic extracts; baby oils [toiletries]; massage oils; massage gels other than for medical use; non-medicated massage preparations; body milks and baby lotions. Other Class(es) / Omitted |
In Case 1, the Applicant is the General Sales Agent (GSA) in Japan for the cosmetic goods of the Registrant of the prior marks, a French company.
2.
2.
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(Applied-for) Trademark Reg. No. 6973734 Appl. No. 2024-116207 Filed on 30/10/2024 |
SNOW FOX |
Applicant: Apex Commerce Inc.(JP) Class(es) and Goods/ Services:03 Breath freshening preparations; soaps and detergents; dentifrices; cosmetics; lotions; perfumery; false nails; false eyelashes. Other Class(es) / Omitted |
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(Prior) Trademark Reg. No.6464590 |
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Registrant: Spa Monkeys Limited (HK) Class(es) and Goods/ Services:03 Beauty care cosmetics; beauty creams; facial beauty masks. |
In Case 2, it appears that the Registrant of the prior mark, a Hong Kong company, did not use the mark in Japan. Accordingly, both parties agreed that the Registrant would not sell goods bearing the mark in Japan, while the Applicant would exclusively sell goods bearing the mark in Japan. On this basis, it was found that there is no likelihood of confusion.
3.
3.
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(Applied-for) Trademark Reg. No. 6989472 Appl. No. 2024-64097 Filed on 14/06/2024 |
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Applicant: KINOKUNIYA Co., Ltd. (JP) Class(es) and Goods/ Services:35 Administration of the business affairs of franchises; business advisory services relating to the establishment and operation of franchises; providing assistance in the field of business management and product commercialization within the framework of a franchise contract; business management. |
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(Prior) Trademark Reg. No. 3128233 |
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Registrant: KINOKUNIYA COMPANY LTD. (JP) Class(es) and Goods/ Services:35 Providing information concerning commercial sales; Providing information on market research; books import-export agency services. |
In Case 3, the Applicant is a high-end Japanese supermarket chain founded in 1910, while the Registrant is a Japanese bookstore chain founded in 1927. Besides the LoC, the Applicant filed a written argument stating that, because the products covered by their respective core retail businesses—namely, food and beverages vs. books and magazines—are entirely different, the two businesses have coexisted in clearly segregated markets for approximately 100 years peacefully without any likelihood of confusion.
4.
4.
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(Applied-for) Trademark Reg. No. 6959455 Appl. No. 2024-34316 Filed on 01/04/2024 |
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Applicant: K.K. YAKUMO (JP) Class(es) and Goods/ Services:3 Incense. |
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(Prior) Trademark 1. Reg. No. 6769486 2. Reg. No. 6796974 3. Reg. No. 6796975 |
1. “melt”
2.
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Registrant: Kao Corporation (JP) Class(es) and Goods/ Services:3 Soaps and detergents; perfumery; incense; cosmetics; adhesives for affixing false hair; adhesives for affixing false eyelashes; laundry starch; etc. Other Class(es) / Omitted |
In Case 4, during the examination process, the Applicant limited the designated goods to “incense” only. In addition to submitting a letter of consent from the Registrant of the prior marks, the Applicant also submitted an agreement between the parties confirming that the applied-for mark would be used only in its stylized font letter and solely in connection with “incense”, and would not be used on the same goods as those covered by the Registrant’s marks, while the Registrant uses the mark mainly on “cosmetics and soaps”.
Conclusion:
As mentioned at the beginning, Japan’s LoC system requires not only a written consent from the prior trademark owner, but also proof that there is no likelihood of confusion between the marks, with the final determination left to the Examiner’s discretion. Nevertheless, as one possible approach to overcoming refusals based on similarity to prior trademark(s), the number of trademark registrations relying on the LoC system is expected to increase in the future. Accordingly, it may be worthwhile to consider pursuing a LoC as a practical option to address the prior mark(s).
Conclusion:
As mentioned at the beginning, Japan’s LoC system requires not only a written consent from the prior trademark owner, but also proof that there is no likelihood of confusion between the marks, with the final determination left to the Examiner’s discretion. Nevertheless, as one possible approach to overcoming refusals based on similarity to prior trademark(s), the number of trademark registrations relying on the LoC system is expected to increase in the future. Accordingly, it may be worthwhile to consider pursuing a LoC as a practical option to address the prior mark(s).
