Provision of Information on Application for Trademark Registration

March 2014

Trademark Examination Standards Office
Trademark Division
Japan Patent Office

The Japan Patent Office (JPO) widely accepts information provided by anyone in order to improve accuracy and expeditiousness of examinations.

You are able to provide useful information for examinations such as that a trademark relating to an application for trademark registration does not satisfy the requirements for registration of trademark or falls under the grounds of unregistrability of trademark (Article 19 of the Ordinance for Enforcement of the Trademark Act (provision of information)).

The provision of useful information for examinations contributes to accurate and expeditious examinations. Therefore, we would like to ask your cooperation.

1. Outline of the information provision system

(1)Persons who are allowed to provide information

Anyone can provide information. It is also allowed to provide information anonymously (*).

• ^*Please be reminded that no feedback can be given on the status of use of information provided in cases where information is provided anonymously.

(2)Applications for trademark registration subject to provision of information

Information on pending applications for trademark registration before the JPO can be provided.
Therefore, information on applications for trademark registration which are not pending anymore before the JPO (for example, applications for which a decision of refusal has become final and conclusive, applications relating to trademark rights whose establishment have been registered and withdrawn applications) cannot be provided.

(3)Information available for provision

Information to the effect that a trademark relating to an application for trademark registration is not to be registered pursuant to any of the following articles in the Trademark Act can be provided.

• - Article 3
• - Article 4, Paragraph 1, Item (ⅰ), Item (ⅵ) to Item (ⅺ), Item (xv) to Item (xix)
• - Article 7-2, Paragraph 1
• - Article 8, Paragraph 2 or Paragraph 5

(4)Materials available for submission

Please submit information in the form of documents (information cannot be submitted by internet filing software)
Documents include

• a periodical or its copy,
• a copy of the request for application for trademark registration,
• certificates such as catalogues, pamphlets and trading documents relating to use of the trademark.
  However, materials which do not fall under documents (for example, videotapes and DVD which filmed the status of use of the trademark) cannot be submitted.

(5)Handling of document submitted

Documents submitted are information which is impossible to be obtained by ex-officio searches by the examiner. In cases where the fact these documents submitted intend to prove is confirmed, they are adopted as references for the examination.
In cases where the examiner has come to be convinced that there are reasons for refusal for the application for trademark registration as a result of examining documents submitted, he/she sends the applicant for trademark registration a notification of reasons for refusal.

(6)Opportunities for explanations and interviews on information by information providers

A person who provided information may not, in principle, require the examiner for clarification of information provided, explanations on registrability of the application for trademark registration or an opportunity for interview.

(7)Feedback to information providers

Feedback on the status of use of information provided is given if the information provider so desires.
Feedback on whether or not the information provided has already been used in any notification of reasons for refusal before the provision of information and on whether or not the information provided had been used in any notification of reasons for refusal after the provision of information is given.
(Feedback on conclusive examination results cannot be given)

(8)Applicants

The fact that information was provided is notified to the applicant.

(9)Browsing of provided information

Information provided is made available for browsing.

2. Procedures for provision of information

(1)Documents to be submitted

Please create documents written in Japanese in accordance with Form 20 in the Ordinance for Enforcement of the Trademark Act with regard to the provision of information on applications for trademark registration.
In cases where you wish to provide information anonymously, please describe “omitted” in the column of “Address or Domicile” and “Name”. If you provide information anonymously, you are not entitled to receive any feedback on the status of use of the information provided.

(2)Method of submission and address

Address: 3-4-3, Kasumigaseki, Chiyoda-ku, Tokyo 100-8915
The Commissioner of the Japan Patent Office
(It is not allowed to submit documents by Internet filing software)

(3)Fees

No fees incur when you provide information, nor the digitalization fee.

(4)Feedback to information providers

If you wish to receive feedback, please describe the effect thereof in the column of “Reasons for submission” in a document created in (1) above titled “Submission of periodicals, etc.”

[Last updated 28 March 2014]

Contact

Japan Patent Office Trademark Division FAX :+81-3-3580-5907 E-mail: PA1T00@jpo.go.jp