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No trademark can be registered if it is determined to be identical with, or similar to, another person’s registered trademark that has been already filed before the date on which the application to register the subject trade has been made, and provided that the subject trademark is used in connection with the same designated goods or designated services related to the said registered trademark (Trademark Act, Article 4, 1(xi).
When examining whether a trademark, for which a trademark registration has been filed, is subject to the above stated reason for refusal, examiners at the Japan Patent Office judge similarity and dissimilarity between the designated goods or designated services of the filed trademark and the designated goods or designated services of another person’s already registered trademark based on applying the “Examination Guidelines for Similar Goods and Services.”
The “Examination Guidelines for Similar Goods and Services” group goods that have commonality in terms of the production sector, the sales sector, raw materials, qualities, etc.; or services that have commonality in terms of how they are being offered, the purposes for which they are being offered, the places they are being offered, etc., and are used to determine which goods group or services group belongs in the same groups, and are therefore, in principle, considered to be similar goods or services.
The goods or services in each group are given a “Similar Group Code”, which is a five-digit, common, alphanumeric code.
When conducting actual examinations, examiners consider any goods and services assigned to the same group code to be in principle similar to each other.
Similar group codes can be verified by using the classification table called the “Examination Guidelines for Similar Goods and Services” for trademark (services).
* For Examination Guidelines for Similar Goods and Services , refer to the Japan Patent Office webpage here.
【Example of similar group codes for goods】
【Example of similar group code for services】
Many of the same similar group codes exist not only in the same classification but also in the different classifications.
【Similarity and dissimilarity between same classifications】
【Similarity and dissimilarity between the different classifications】
Similar group codes for goods are specified as follows according to the main class and intermediate class described in the Examination Guidelines for Similar Goods
Classes of Goods |
Goods |
|||
---|---|---|---|---|
05 |
Main class | Intermediate class | ||
Fuel | A | Solid fuel | 01 | |
Liquid fuel / Gas fuel | 02 | |||
Industrial oil | B | Industrial oil | 01 | |
Industrial fat and oil | C | Animal oil & fat Vegetable oil Modified fat |
01 | |
Wax | D | Wax | 01 | |
Higher fatty acid | E | Higher fatty acid | 01 |
The similar group code for goods “Liquid fuel” is “05A02.”
The similar group codes for services are granted based on the Examination Guidelines for Similar Goods and Services which were amended in 1991.
(Class 35 to 42 at that time)
Classes of Goods | Services | |
---|---|---|
35 | Advertising and publicity services | 35A01 |
Business management analysis or business consultancy Marketing research or analysis Providing information concerning commercial sales Business management of hotels |
35B01 | |
Preparation, auditing or certification of financial statements | 35C01 | |
Employment agencies | 35D01 | |
Auctioneering | 35E01 | |
Import-export agencies | 35F01 | |
Shorthand services Transcription |
35G01 | |
Document reproduction | 35G02 | |
Office functions, namely filing, in particular documents or magnetic tape |
35G03 | |
Reception services for visitors in buildings | 35H01 | |
Publicity material rental | 35J01 | |
Rental of photocopying machines | 35J02 |
Similar group codes are assigned to every designated good and every designated service and are used to check for the following: “prior applications/existing registrations,” “scope of rights,” “corrections of designated goods or designated services to eliminate any reasons for refusal,” and “determination of rights infringements of another person’s registered trademark”..
Applicants use the similar group codes to search for other persons’ already registered trademarks in the Japan Platform for Patent Information (J-PlatPat) before they file their applications to register their trademarks. For example, in order to search terms, applicants conduct searches by entering the similar group codes of goods (services) using the trademark to be registered together with the terms’ readings (katakana entry) for character and symbol trademarks.
Furthermore, the “List of Goods and Services Name” in the Japan Platform for Patent Information (J-PlatPat) allows applicants to search the “Examination Guidelines for Similar Goods and Services,” “International Classification of Goods and Services(Nice Classification)” , “TM5 ID List“, ”WIPO Madrid Goods and Services Manager” and “Goods and Services accepted at examination(Japanese or English only)”, as well as search information on the similar group codes.
For the Japan Platform for Patent Information (J-PlatPat), refer to the following URL(https://www.j-platpat.inpit.go.jp/).
Unless there is something to the contrary stated in the remarks column, (i) goods and services to which multiple, same, similar group codes are assigned, or (ii) goods and services to which one similar group code for them is assigned, are considered to be similar to each other.
Accordingly, Class 9 “Electronic publications” (26A01, 26D01) is considered to be similar to the goods in Class 9 “Downloadable image files/ Recorded video disks and video tapes” (24E02, 26D01), “Exposed cinematographic films/ Exposed slide films/ Slide film mounts” (26D01), Class 16 “Printed matter” (26A01), Class 16 “Photographs [printed]” (26D01), and Class 20 “Standing photograph frames” (26D01).
[Last updated 4 January 2024]
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