Service Guide
03Trademark
What is the trademark system?
The trademark system serves to protect credibility established on a trademark (mark) for use to indicate goods or service by granting exclusive rights (under Articles 25 and 37 of the Trademark Act) to trademarks for which applications for trademark registration have been filed and which satisfy prescribed requirements (such as those under Articles 3 and 4 of the Trademark Act). Once a trademark right has been granted, the applicant is generally permitted to use the trademark for the designated goods or service exclusively for 10 years from the date of its registration of establishment. The trademark system serves the purpose of protecting goodwill associated with a trademark which is established through business activities of the trademark user. A trademark holder is thus entitled to extend the duration of the trademark right any number of times by applying for such an extension, unlike a patent right or a design right.
Advantages of obtaining trademark right
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For Defense
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- Exclusively use your registered trademarks for the designated goods or service
- Prevent others from filing a usurped application
- Promote your products
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For Offense
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- Eliminate imitations from others
- Demand an injunction (*1), damages (*2), and measures to restore credibility (*3) against infringement
- *1: The right holder is entitled to demand discontinuation of sale of the infringing article.
- *2: The right holder is entitled to demand damages in compensation for infringement.
- *3: The right holder is entitled to demand that the infringer should take such measures as advertising a public apology if the right holder's credibility has been damaged by infringement.
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Others
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- Increase profits with license fees
- Expand your business overseas
Service Guide
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We help our clients in Japan take procedures with the Japan Patent Office. |
We help our clients in Japan take procedures with patent offices in foreign countries. |
We help our clients overseas take procedures with the Japan Patent Office. |
We help our clients overseas take procedures with patent offices in foreign countries. |
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Filing an application |
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After obtaining a right |
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Flow of Trademark Right Acquisition
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1 |
Consultation and interview | |
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2 |
Suggestion of a trademark to be filed for and designated goods | |
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3 |
Conducting of a search before filing and providing a search report on registrability and safety for use of a mark | |
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Filing of a trademark application | |
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Responding to an official communicationsuggestions offered based on abundant experiences | suggestions offered based on abundant experiences |
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Decision of registration | |
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Payment of a registration fee | |
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Creation of a trademark right | |
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Support after obtaining the rightManaging renewal time limits, handling opposition, invalidation and cancellation actions, taking measures against infringing or counterfeit goods, etc. | Managing renewal time limits, handling opposition, invalidation and cancellation actions, taking measures against infringing or counterfeit goods, etc. |
Service Guide
03
Trademark
Features of our firm
R&C has about a dozen experienced staffers specializing in trademark. They place importance on facts, and make efforts in collecting evidence and materials for arguments, trials, and litigations. In addition, they have extensive experience not only in the trademark law but also in related laws such as the unfair competition prevention act and the copyright law, as well as domain name dispute resolution, customs procedures, and more. They are capable of handling a wide range of tasks and consultations. The team members are also proficient in foreign languages and well-versed in the practice of filing, litigation, negotiation, and others overseas. Through a record of filing applications in over 150 countries and regular attendance at international conferences, they strive to stay updated on overseas information and build and expand their global network.
