What common problems will you encounter when applying for the registration of Japanese trademarks?
What common problems will you encounter when applying for the registration of Japanese trademarks? When it comes to Japan, I believe most people don't like it very much, but for enterprises, the profits of exporting goods to Japan are very high. The main reason is that Japan's territory is very small, but its population is large, which also leads to its production capacity can not keep up with the demand, and Japan, as a developed country, Both technology and economy are very developed, so many enterprises will export their products to Japan. At this time, enterprises often need to register Japanese trademarks, because domestic trademarks cannot obtain legal protection in Japan. So, what problems will we encounter when applying for the registration of Japanese trademarks?
1、 Can a natural person apply for a trademark?
Although Article 4 of the Trademark Law stipulates that natural persons or legal persons and other organizations can apply for trademarks, pure natural persons cannot apply for trademarks in China. The law stipulates that natural persons engaged in production, manufacturing, processing, selection, distribution of goods or provision of services can apply, which is specifically limited by the documents issued by the Trademark Office. Generally speaking, the subject of trademark application is a company or individual business.
2、 Can I get a registered trademark from an agent?
Registered trademarks are not covered, especially international trademarks. The registered trademark needs to pass the examination of the Trademark Office. After the examination is successfully passed, there is a three month announcement period. During the announcement period, anyone can raise an objection to the trademark. Therefore, there are many unavoidable risks in the process of registration. The more professional the agent is, the higher the probability of success in risk aversion.
3、 What if the trademark is challenged?
If the trademark is challenged, the respondent shall submit the opposition defense within the specified time after receiving the Trademark Opposition Defense Notice, and prepare relevant materials for review defense. If the review is passed, the trademark is still expected to be registered successfully.
4、 What materials should be prepared for trademark registration application?
The materials to be prepared for individual application include: copy of individual ID card, copy of individual business license, trademark pattern, power of attorney. The materials that enterprises need to prepare for application include: copy of business license, trademark pattern, power of attorney.
5、 What if the trademark application is rejected?
It can be submitted for review. The materials for trademark rejection reexamination include: the letter of attorney for trademark agency, the letter of objection reply, the copy of the notice of rejection, the certification documents of the applicant's subject qualification, and other evidentiary materials that prove the reasons for the reexamination (the list of evidentiary materials shall be issued within one working day after the signing of the agreement). The procedure for rejection of reexamination is: application → acceptance → review → ruling → announcement.
6、 Select specific product items
When registering a trademark in one category, you can choose ten product items. First, when choosing products, you should choose the most important products, and then expand the scope of protection. Each major subgroup should choose a product for enclosure protection. Another advantage of more groups is that if some products are rejected, But some products can get certificates. In the early stage of trademark query, if some categories of groups conflict with prior rights, we should avoid this group when selecting products.