 |
Until March 31, 2013, Japan’s Trademark Law Article 4(1)(xiii) provided that a trademark that was registered in Japan but that had been expired for a period of less than one year could not be registered to a different party, but that limitation was deleted when Japan’s Trademark Law was revised effective April 1, 2013. As a result — and unlike a registered patent or design — a trademark that once was registered but has expired or has been cancelled or invalidated can be registered to a different party that files an application to again register that trademark.
However, if a previously registered trademark is well-known, or if use of the trademark by a different party might cause confusion for consumers regarding the origin of goods or products, the trademark may not be registered. Please contact us here if you want to register a trademark that has already been registered in Japan by another party but whose registration you believe might no longer be valid.
|
