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Japan is the third-largest economy in the world and one of the most brand-conscious markets anywhere, so a mark that is unprotected there is an open invitation to a squatter. Trademark registration in Japan is handled by the Japan Patent Office (JPO) on a strict first-to-file basis: the office does not ask who used the mark first, only who filed first. That single rule changes everything about how you should sequence a launch into Japan, and it is the reason foreign brands so often discover their own name already sitting on the Japanese register when they finally get around to filing.
How Trademark Registration in Japan Works
Every application for trademark registration in Japan is examined by the JPO on both absolute grounds (is the mark distinctive, descriptive or deceptive?) and relative grounds (does it conflict with an earlier mark?). Japan follows the Nice Classification, and a single application can cover multiple classes, which keeps costs down compared with filing class by class.
Because Japan is a first-to-file country, priority is decided by filing date, not by who used the mark in commerce first. There is no common-law trademark right to fall back on the way there is in the United States. If a local distributor, a former agent or a professional squatter files your brand before you do, you are left negotiating to buy back your own name or running a cancellation action — both slow and expensive. File early, and file before you announce.
- The register is run by the Japan Patent Office under the Trademark Act.
- Priority is first-to-file — use in Japan does not create rights.
- Nice Classification applies; multi-class applications are allowed.
- A foreign applicant with no address in Japan must appoint a local representative.
Want us to just file it for you? We file trademarks in Japan for a $399 professional fee per class — JPO official fees passed through at cost and confirmed before filing. File a trademark in Japan →
Two Routes In: National Filing vs the Madrid Protocol
You can reach the Japanese register two ways. The first is a direct national application filed at the JPO in Japanese through a local trademark attorney (benrishi). The second is to designate Japan in an international registration under the Madrid Protocol, which lets you add Japan to a basket of countries from a single application filed through your home office.
The Madrid route is convenient when Japan is one of many targets, but it comes with a catch worth remembering: an international registration stays dependent on your home (base) application for five years. If that base mark is attacked and falls in that window, the Japanese designation can fall with it — a problem known as a central attack. For a Japan-only or Japan-critical brand, a direct national filing is often the more robust choice. Our guide to the Madrid Protocol registration process walks through that trade-off in detail.
Either way, the JPO examines the Japanese designation on its own merits, so a Madrid filing is not a shortcut around Japanese examination. It still has to clear the same distinctiveness and conflict hurdles as a national one.
What Trademark Registration in Japan Costs in 2026
JPO fees come in two stages — a filing fee and, only once the mark is allowed, a registration fee. As of 2026 the official filing fee is JPY 3,400 plus JPY 8,600 per class. When the application is granted, the registration fee is JPY 32,900 per class for the full ten-year term.
Japan offers something most offices do not: you can split the registration fee into two five-year installments — roughly JPY 17,200 per class for the first five years and JPY 22,800 per class for the second. Paying in installments costs a little more overall but halves the up-front outlay, which is useful if you are not yet certain the mark will survive a full decade in your plans. Renewal later runs about JPY 43,600 per class (or in the same installment pattern).
- Filing: JPY 3,400 + JPY 8,600 per class.
- Registration (10 years): JPY 32,900 per class, or installments of ~17,200 + ~22,800.
- Renewal: ~JPY 43,600 per class, also payable in two installments.
- Attorney and translation fees are separate — budget for both.
Treat these as official-fee anchors, not the all-in price: confirm current figures on the JPO fee schedule before you file, because government fees are reviewed periodically.
Examination and the New Consent System
After filing, a JPO examiner reviews the mark and issues a first office action if there is a problem. The most common refusal is a conflict with an earlier registered mark under Article 4(1)(xi). Historically, Japan gave you no easy way around that even when the earlier owner had no objection — you could not simply hand the examiner a consent letter.
That changed on 1 April 2024, when a revised Trademark Act introduced a formal consent system. For applications filed on or after that date, a mark cited against an earlier registration can still proceed if two conditions are met: the earlier owner consents, and there is no likelihood of confusion between the goods or services of the two marks. This is a significant practical win for international brands that routinely rely on coexistence agreements elsewhere — but note the cut-off strictly: applications filed before 1 April 2024 cannot use it, even if they are still under examination.
The consent system does not make confusion irrelevant. The JPO still assesses whether the public would be confused, so a bare consent letter is not a guaranteed pass. Build the coexistence case — distinct goods, distinct channels, distinct get-up — as if the examiner will test it, because they will.
Term, Renewal and Why There Is No Use Declaration
A Japanese trademark registration lasts ten years from the registration date and can be renewed every ten years indefinitely. Renewal is a fee-paying formality: you file the renewal and pay within the six months before expiry, with a grace period (and surcharge) for a short window after. There is no cap on the number of renewals, so a well-managed mark can live forever.
Here is the part that surprises US practitioners most: Japan requires no declaration or proof of use to register a mark or to renew it. Unlike the USPTO, which demands a specimen and periodic Section 8 declarations, the JPO never asks you to prove you are using the mark as a condition of keeping it. For a comparison with the US process, see our breakdown of the trademark registration process in seven steps.
That does not mean use is irrelevant. It simply means the burden flips — nobody polices your use at renewal, but a third party can attack an unused mark, which is where cancellation comes in.
Opposition and Cancellation: Challenges After Registration
Japan’s opposition system is post-grant, which trips up applicants used to the US or EU model. The mark registers first; then anyone may file an opposition within two months of the registration being published in the Trademark Gazette. That deadline is unforgiving and cannot be extended, so a brand owner monitoring the Japanese register has a narrow window to act against a conflicting new registration.
Separately, a registered mark that has not been used for three consecutive years in Japan can be struck off through a non-use cancellation trial under Article 50. The owner bears the burden of proving genuine use once the trial is requested. This is the real discipline behind the no-use-declaration rule: use is not checked by the office, but it is enforced by competitors. Clearing conflicting or vulnerable marks is exactly the kind of work our trademark team in Tokyo and Osaka handle before a launch.
What Foreign Applicants Get Wrong in Japan
The most expensive mistake is timing. Because Japan is first-to-file with no use-based rights, companies that soft-launch, pitch to distributors, or exhibit at a Japanese trade show before filing routinely find their mark pre-empted. File before you talk to anyone on the ground.
The second mistake is transliteration. A Western brand is often used in Japan in katakana (phonetic Japanese script), and the katakana form may need its own protection — a registration of the Roman-letter mark alone may not stop a lookalike in katakana. Decide early which forms matter and file for each that carries commercial weight.
The third is treating Japan like the US on maintenance. There is no use declaration to miss, but there is a two-month post-grant opposition window to watch and a three-year non-use exposure to manage. Put both on the docket. For the bigger picture of coordinating filings across markets, our overview of building a defensible IP portfolio shows how a Japanese mark fits a global strategy. You can also start from our Japan practice page.
File in Japan With PerspireIP
Trademark registration in Japan rewards speed and local knowledge — the first-to-file rule, the katakana question, and the two-month opposition window all punish delay. PerspireIP clears, files and monitors Japanese marks through local counsel, coordinates national and Madrid Protocol filings, and watches the Gazette so a conflicting registration never slips past your opposition deadline. Work with our teams in Tokyo and Osaka, or contact us to plan your entry into Japan.
Frequently Asked Questions
How long does trademark registration in Japan take?
From filing to registration typically runs around six to twelve months if there are no refusals. A conflict or an office action under Article 4(1)(xi) can add several months while you respond or negotiate consent.
Is Japan a first-to-file or first-to-use country?
Strictly first-to-file. Priority is decided by filing date at the JPO, and there are no common-law rights from prior use. File before any public launch or distributor pitch in Japan.
How long does a Japanese trademark last?
Ten years from the registration date, renewable every ten years indefinitely. The registration fee can be paid as a single ten-year sum or split into two five-year installments.
Does Japan require proof of use to keep a trademark?
No. Unlike the United States, the JPO requires no declaration or specimen of use to register or renew. However, a mark unused for three consecutive years can be cancelled by a third party in a non-use trial.
When can I oppose a trademark in Japan?
Opposition is post-grant. Anyone may oppose within two months of the registration being published in the Trademark Gazette, and that deadline cannot be extended.
Can I use a consent letter to overcome a cited mark in Japan?
Yes, for applications filed on or after 1 April 2024. The earlier owner must consent and there must be no likelihood of confusion — the JPO still assesses confusion, so consent alone is not automatic.