On September 14, 2021, the Japan Patent Office (JPO) announced an increase in trademark registration fees and renewal fees, effective April 1, 2022. For anyone considering a new Japan trademark application filing as well as anyone having a renewal due, you can take advantage of the current JPO fee structure by filing before the effective date.
<National application>
Trademark filing fee
Official fee
Present
Effective from April 2022
Trademark filing
JPY3,400 + JPY8,600/additional class
Same
Defensive mark filing
JPY6,800 + JPY17,200/additional class
Same
Trademark registration fee
Official fee
Present
Effective from April 2022
Trademark registration (for 10 years)
JPY28,200/class
JPY32,900/class
Trademark registration (for 5 years)
JPY16,400/class
JPY17,200/class
Defensive mark registration
JPY28,200/class
JPY32,900/class
Renewal fee
Official fee
Present
Effective from April 2022
Renewal (for 10 years)
JPY38,800/class
JPY43,600/class
Renewal (for 5 years)
JPY22,600/class
JPY22,800/class
Renewal of defensive mark (10 years)
JPY33,400/class
JPY37,500/class
<International application via the Madrid Protocol>
The Japan Trademark Law Revision Act of 2021 (Act No. 42) passing congress on May 14, 2021, was promulgated on May 21.
Hot topics of trademark-related revision are:
1. On-line oral hearing
Under the current law, the Japan Patent Office (JPO) has no choice but to hold an oral hearing for administrative proceedings only when the parties are physically present in the oral proceedings. The revised act enables the JPO to hold oral proceedings by video conference.
2. Notifications by email
Under the current law, trademark applicant via the Madrid Protocol gets to know the status of registration only by means of receiving written notification from the JPO. The revised act allows the JPO to electronically send registration notifications to the applicant via the International Bureau by email.
3. Customs enforcement
In view of an increasing number of counterfeits imported for private use, the revised act restricts the counterfeits that were exported from a foreign country via postal mail by a business entity even if purchased by a private person in Japan and constitute trademark infringement at the time when they enter the territory of Japan.
4. Payment of second official fee for registration via the Madrid Protocol
Article 68-30 of the revised act looks attractive to Madrid users indeed. The Madrid users are no longer required to pay a second official fee to the JPO in order to accomplish trademark registration in Japan.
5. Fee increase
The revised act increases official fees for trademarks by more than 10%. Details will be decided by the JPO.
Official fee
Existing
Revised act
Filing fee
JPY28,200/class
Less than JPY32,900/class (17% increase)
Registration fee
JPY38,800/class
Less than JPY43,60/class (12% increase)
When does the revised act come into force?
The revised act is set to become effective within a year from the promulgation date.
