A trademark that falls into the category of registered trademarks under the Trade-marks Act is a trademark that is being used now or is to be used in the near future. The accuracy of the use or intention to use the mark in relation to all designated goods and services is questioned if the range of goods and services listed in a class is too broad. Consequently, such an application does not comply with the requirements of Article 3(1) of the Law on trade marks. In accordance with Rule 34(3)(a) of the Common Regulations, the JPO issued an individual fee composed of two parties under the Madrid Convention on the International Registration of Marks and the Protocol thereto. For the payment of the second part of the individual fee, please refer to the instructions in the NOTICE OF THE SECOND PART OF THE INDIVIDUAL FEE sent by the International Bureau with the DECLARATION OF GRANT OF PROTECTION or the DECLARATION OF WITHDRAWAL OF PROVISIONAL REFUSAL. Please note that the international registration in the International Register in respect of Japan will be cancelled if the second part of the individual fee is not paid within the period specified in the COMMUNICATION OF THE SECOND PART OF THE INDIVIDUAL FEE in accordance with Rule 34(3)(d) of the Common Regulations to the Madrid Convention on the International Registration of Marks and the Protocol to this Convention. goods of ordinary metal which do not belong to other classes; Any application for territorial extension to Japan under the Protocol to the Madrid Agreement on the International Registration of Marks shall be considered an application for registration of a mark filed on the date of the international registration or subsequent designation under the Japanese Trademark Law. Therefore, the application is examined by the Japan Patent Office (JPO) in the same way as a national application. If the application falls within a ground for rejection under the law, the JPO grants a provisional global refusal. For holders of international registrations, the JPO provides the following information on the most frequently invoked grounds for provisional registrations, their response to those grounds and Japan`s unique designation procedures.
The official restriction form can be found on the WIPO website under www.wipo.int/treaties/en/text.jsp?file_id=355319( external link ) Rule 25 of the Common Regulations of the Madrid Convention on the International Registration of Marks and the Protocol on this Agreement and www.wipo.int/treaties/en/text.jsp?file_id=355319( external link). (MM6) metal screws; metal bottle caps; ordinary metal boxes; Ordinary metal buckles [hardware]; Metal chests; Metal seals for pipes; keys; ordinary metal statuettes; The request for restriction of the list of goods and services is a formal procedure under Rule 25 of the Joint Regulation of the Madrid Convention on the International Registration of Marks and the Protocol thereto. The list of goods and services may be restricted by submitting to WIPO a written request for a restriction with the prescribed fee. Please note that the application must be submitted directly to WIPO using the official form (MM6). On the JPO website, under the main paragraph of the article (PDF:139KB), you will find the examination directive, which corresponds to the main paragraph of Article 3(1) of the Trademark Law. examples of acceptable information on goods and services; tissue treatment; leather stains; metal processing; water treatment; barley; cereals (cereals); seeds; natural flowers; plants; seedlings; trees; fresh vegetables; fresh fruit; Holders of an international registration who wish to overcome the grounds for provisional refusal of protection by restricting/modifying the list of goods and services have two options listed below. www.japaneselawtranslation.go.jp/law/detail/?id=45&vm=04&re=01( external link ) financial advice; financial valuation [insurance companies, banks, real estate]; financial management; Sports activities; the organization of exhibitions for cultural or educational purposes; The Trademark Manual of Examination Procedure (TMEP) can be downloaded free of charge from the United States Patent and Trademark Office (USPTO) website at www.uspto.gov/trademark/guides-and-manuals/tmep-archives. .
raw or semi-processed rubber; Gutta-percha; raw or partially processed chewing gum; asbestos; raw or partially processed mica; scientific and technological services and related research and design; Trademarks for «retail or wholesale services» may be protected in Japan provided that the date of the international registration or subsequent designation is on or after April 1, 2007. Please refer to the «Notice Regarding the Trademark System for Retail and Wholesale Services» on the JPO website under Notices Regarding the Retail and Wholesale Trademark System, Auto Repair; repair of machinery and medical devices; repair of metalworking machinery and apparatus; repair of office machinery and equipment; repair of telecommunications machinery and equipment; computer repair; Please contact WIPO for details on the restriction request. Trademark review advice is subject to applicable laws, trademark rules of practice, decisions and orders, as well as notices issued by the Under Secretary of Trade for Intellectual Property and the Director of the United States Patent and Trademark Office, commissioners or deputy commissioners. The guidelines set out in this manual do not have the force and effect of the law. They have been developed as part of the internal administration of the office and are not intended to create a substantial or procedural right or benefit that can be applied by a party against the office. The statements specified in this revision override any previous policies that were specified in previous editions, audit guides, or other explanations of the Office policy in the event of a conflict. Suggestions for improving the form and content of the manual are always welcome. They must be sent by e-mail to tmtmep@uspto.gov or addressed to: scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, control (supervision), rescue and teaching equipment and instruments; Scientific and technological research and development; computer software development; Industrial design;. A restriction takes effect when it is recorded in the International Register. The restriction recorded in the International Register applies to the designation of Japan as long as the case is pending before the JPO. A case is considered pending before the JPO: (a) not only the period of three months from the date of delivery of the notice of provisional rejection, but also until the promulgation of the DECISION to REFUSE A TRADEMARK REGISTRATION, and (b) even after the promulgation of the DECISION to REFUSE A TRADEMARK REGISTRATION, subject to the fact that the proprietor files an application for TRADEMARK REGISTRATION within three months from the date of promulgation of the DECISION REJECTING A TRADEMARK REGISTRATION has submitted a review of appeal to the JPO […].