Japanese trademark law
Encyclopedia
Japanese trademark law is mainly enacted by of 1959, while protection for unregistered trademarks is carried out by .
Under Japanese trademark law, only registered trademarks establish a trademark right (Article 18), and examination procedure is necessary for trademarks to be registered (Article 14). A person first to file an application may obtain the registration for a trademark over a prior user of the same trademark (Article 8).

Effects of trademark right




















Goods/services identical to it is Goods/services similar to it is Goods/services neither identical nor similar to it is
Use of mark identical to registered trademark for Infringement of trademark right in terms of Trademark Act (Article 25 and 37(i)) Unfair competition in terms of Unfair Competition Prevention Act, if the registered trademark is well-known and the use is creating confusion, or if the registered trademark is famous (Article 2(1)(i) and (ii))
Use of mark similar to registered trademark for
use of mark neither identical nor similar to registered trademark for Fair




















Goods/services identical to it is Goods/services similar to it is Goods/services neither identical nor similar to it is
Use of mark identical to unregistered trademark for Unfair competition in terms of Unfair Competition Prevention Act, if the unregistered trademark is well-known and the use is creating confusion, or if the unregistered trademark is famous (Article 2(1)(i) and (ii))
Use of mark similar to unregistered trademark for
Use of mark neither identical nor similar to unregistered trademark for Fair

English translation

Japanese government
Government of Japan
The government of Japan is a constitutional monarchy where the power of the Emperor is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan and other elected...

 is now preparing an "unofficial" English translation of some fundamental statutes. The translation of the Unfair Competition Prevention Act is available, and the translation of the Trademark Act will soon become available, from the Cabinet Secretariat
Cabinet Secretariat
The Cabinet Secretariat is responsible for the administration of the Government of India. It functions from the Secretariat Building, New Delhi, where most of Cabinet of India sits...

's website http://www.cas.go.jp/jp/seisaku/hourei/data2.html.

External links

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