The Trademark Act of Japan (Act No. 127 of 1959) is the primary legislation governing trademark registration, protection, and enforcement in Japan which is Administered by the Japan Patent Office (JPO).
Japan uses a post-grant opposition system – a trademark is first registered and then published for opposition.
- Filing Notice of Opposition:
Within two months from the date of publication of the gazette containing the registered trademark, any interested party may file an opposition stating grounds of opposition along with supporting evidence. The JPO then notifies the trademark owner of the opposition. - Counterstatement by Applicant:
Within 3 months of receiving the notice of opposition, the trademark owner may file a counter statement. However, it is not mandatory for the trademark owner to do so. - Hearing & Decision:
Once the deadline to file counter statement is elapsed, the JPO reviews the case and may schedule a hearing if necessary. Once the matter is reviewed, a decision is issued by JPO.
Appeal
Only the trademark owner can file an appeal against an unfavourable decision i.e. where the mark is cancelled. If the order is issued to maintain the mark, the Opponent cannot file an appeal.