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Q. What documents are required to apply for trademark rights in Japan?


Article 5 of the Japan Trademark Law provides that to apply to register a trademark in Japan, the following documents must be submitted to the Japan Patent Office (JPO):
A completed JPO application form that includes the following information:
a. the trademark that the applicant wants to register in Japan;
b. the applicant’s(s’) name(s) and address(es); and
c. the designated goods/services on which the trademark is, or will be, used.

Although the JPO does not require a signed Power of Attorney (POA) form executed by the applicant(s) when a trademark application is submitted, that might be required for subsequent proceedings, and therefore we ask that such a POA form be provided to us when a party requests that we process a trademark application.

To file a trademark application claiming priority of an earlier application in another country, it is also necessary to submit a priority certificate (An original certificate is essential, because the Japan Patent Office will not accept a copy).

In order for a trademark application to claim priority under the Paris Convention of an earlier application filed in another country, the applicant must submit to the JPO, within 3 months of the filing date of the application, a priority certificate (an original certified copy is essential, because the Japan Patent Office will not accept an ordinary photocopy or other non-certified copy), issued by the applicable foreign patent office, that specifies, among other information, the number and filing date of the earlier application (Trademark Law Article 13).



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