Common Reasons for Trademark Refusal in Japan & How to Avoid Them
Learn about the most common grounds for JPO trademark refusal and practical strategies to improve your chances of successful registration.
Lack of Distinctiveness
Under Article 3 of Japan's Trademark Act, marks that lack distinctiveness cannot be registered. Generic terms, common surnames, and simple geometric shapes are typically refused. To improve distinctiveness, consider combining words with unique design elements, creating coined words, or using stylized lettering.
Similarity to Existing Marks
Article 4(1)(xi) prohibits registration of trademarks that are identical or similar to an earlier-filed or registered mark for the same or similar goods/services. The JPO evaluates similarity based on appearance, pronunciation, and concept. Conducting a thorough pre-filing search is the best way to avoid this type of refusal.
Generic or Descriptive Terms
Terms that merely describe the quality, purpose, or characteristics of goods/services are refused under Article 3(1)(iii). For example, you cannot register 'Delicious' for food products. However, descriptive terms that have acquired distinctiveness through extensive use (secondary meaning) may be registrable under Article 3(2).
Public Order and Morality
Marks that are contrary to public order or morality are refused under Article 4(1)(vii). This includes offensive language, symbols associated with hate groups, and marks that could deceive consumers about the quality or origin of goods. National flags and emblems of international organizations are also prohibited.
How to Respond to a Refusal
If you receive a notice of refusal, you have 40 days to submit a response. You can argue against the examiner's reasoning in a written opinion, amend your designated goods/services to avoid overlap, or provide evidence of acquired distinctiveness. If the final refusal is maintained, you can appeal to the JPO's Board of Appeals within 3 months.
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