Patent Attorneys
CONTENTS
CONTACT

HARAKENZO
WORLD PATENT & TRADEMARK


OSAKA
HEAD OFFICE

DAIWA MINAMIMORIMACHI BLDG.,
2-6, 2-CHOME-KITA, TENJINBASHI,
KITA-KU,OSAKA 530-0041 JAPAN
TEL:+81-6-6351-4384
(Main Number)
FAX:+81-6-6351-5664
(Main Number)
E-Mail:

TOKYO
HEAD OFFICE

WORLD TRADE CENTER BLDG. 21 F,
2-4-1, HAMAMATSU- CHO, MINATO-KU,
TOKYO 105-6121,JAPAN
TEL:+81-3-3433-5810
(Main Number)
FAX:+81-3-3433-5281
(Main Number)
E-Mail:


HIROSHIMA
OFFICE

NOMURA REAL ESTATE HIROSHIMA BLDG. 4 F, 2-23 TATEMACHI, NAKA-KU, HIROSHIMA CITY, HIROSHIMA 730-0032, JAPAN
TEL:+81-82-545-3680
(Main Number)
FAX:+81-82-243-4130
(Main Number)
E-Mail:


In the background of the HARAKENZO trademark is a global map wherein countries/regions are sized according to the number of patents registered there in 1991.

Privacy policy


 

Trademark Search (Japan)

Premium & LCS®

3 options of search and assessment

 

May 1st, 2014


 

 

For clients who seek trademark protection in Japan, regarding prior trademark search and assessment of distinctiveness services, we provide Premium (highly specialized legal service) and LCS (Low Cost Strategy).

 

As you are aware, in order to use a trademark or obtain registration of a trademark, it is desirable to conduct a search for prior trademark rights as well as an assessment of whether or not the trademark has distinctiveness.

 

This is because a trademark application is objected as not being eligible for registration (registrable) if the trademark is judged to be devoid of distinctiveness or be identical or similar to a registered trademark of a third party. Further, if you initiate the use of a trademark even though there is an identical or similar registered trademark of a third party, you are responsible for infringing the trademark right of the third party. In order to avoid such situations, it is essential to conduct the prior trademark search and the assessment of distinctiveness before using a trademark or applying for trademark protection.

 

We offer three options available for the clients to select depending on the budget and need.

 

 

 

 

FEES

Option

Distinctiveness

Prior

trademark

Database

Attorney’s Fee

A: Premium

(Full Search)

Yes

Yes

Charge

Letters:

30,000 JPY or more


Figures:

50,000 JPY or more

B: LCS

(Prior trademark search)

-

Yes

Free

10,000 JPY

C:
Premium & LCS

(Assessment of Distinctiveness)*

Yes

-

-

10,000 JPY

or more

*Note: You can optionally switch to option A (Premium) later.

 

When you file a trademark application, the Japan Patent Office (JPO) conducts an examination as to whether or not the trademark is eligible for registration. In a substantive examination conducted at this time, the examiner mainly determines whether or not the trademark has distinctiveness and whether or not the trademark is identical or similar to a registered trademark of a third party. Therefore, it is important to conduct a pre-application search and assessment to confirm that the trademark meets the registration requirements.

 

The following are details of options A to C.

 

 

 

Option A: Premium (Full Search)

 

Service under option A

(1) Both a prior trademark search and an assessment of distinctiveness are conducted.

(2) For the prior trademark search, a charged database with high accuracy (e.g., Brandy) is used.

(3) Based on the results of the prior trademarks search and the assessment of distinctiveness, our trademark specialist provides an opinion on the overall registrability of your trademark and a possibility of infringement of a trademark right of a third party, if any.

 

<Advantage of option A>

Under option A, both a prior trademark search using an accurate charged database and an assessment of distinctiveness are conducted by our trademark specialist in accordance with the examination standard of the JPO. This enables you to obtain a highly accurate estimate of the overall registrability of your trademark before filing an application. Therefore, we basically recommend the Premium option (highly-specialized legal service) in which full search is conducted.

 

 

 

Option B: LCS (Prior Trademark Search)

 

How the examiner decides whether your trademark is similar to prior trademarks

A trademark is not eligible for registration if the trademark is identical or similar to a registered trademark of a third party. The decision of whether or not a trademark is identical or similar to a registered trademark is made on the basis of both (i) whether or not the trademark itself is identical or similar to the registered trademark and (ii) whether or not the designated goods or services of the trademark are identical or similar to those of the registered trademark.

 

Service under option B

(1) Only the prior trademark search is conducted without the assessment of distinctiveness.

(2) For the prior trademark search, a free database (J-PlatPat) is used.

(3) Our trademark specialist provides an opinion on the registrability of your trademark in relation to prior trademarks.

 

Option B is available in combination with our LCS trademark application service.

LCS Trademark Application Service(LCSの調査ページへリンク)

 

<Advantage of option B>

Option B is useful in cases where your trademark obviously has distinctiveness or you would like to narrow down candidate trademarks for application by a simple prior trademark search.

 

 

 

Option C: Premium & LCS (Assessment of Distinctiveness)

 

How the examiner decides whether your trademark has distinctiveness

A trademark must enable goods or services associated with the trademark to be distinguished from other goods or services. Accordingly, a trademark must allow the consumers to recognize the goods or services as those pertaining to a business of a particular person (in other words, a trademark must have distinctiveness).

 

Service under option C

(1) Only the assessment of distinctiveness is conducted without the prior trademark search.

(2) Our trademark specialist provides an opinion on the registrability of your trademark in relation to distinctiveness.

(3) The basic fee is 10,000 JPY. In a case of a trademark associated with two or more classes, an additional fee of 2,000 JPY per class is charged.

 

If you are considering option C for five or more trademarks, please let us know as we can offer a volume discount of the basic fee and the additional fee.

 

In a case where you further request us to conduct a full search after a distinctiveness search, we will include the distinctiveness search fee in the full search fee.

 

<Advantage of option C>

Option C is useful if you have multiple candidate trademarks for application and would like to use option C to narrow them down and then use option A (Premium) only with respect to candidates judged to have distinctiveness. In other words, option C can be used as a preliminary step for option A.

 

[Flow of Procedure]

Please fill out the followings in the Request Form below:

 

(1) Your selected option (from options A to C); and

(2) Trademark for which to conduct a search and/or an assessment;

and

(3) Scope of the search and/or the assessment (designated goods

and designated services)

 

 

Our staff member will contact you and let you know the flow of the procedure.

 

 

 

 

We recommend this service to those who would like to receive low-cost legal service concerning trademark search and assessment in Japan while enjoying sense of safety with reliable support of a large-scale, international, integrated, and well organized intellectual property law firm.




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