Missed a Japanese Trademark Renewal Deadline? The "Not Intentional" Relief System Explained

"Our Japanese trademark expired because the renewal was forgotten. Is the right lost forever?"
"Our previous agent closed down and nobody reminded us. Can we still save the registration?"

Overseas trademark owners miss Japanese deadlines more often than you might think — reminders go to an old address, an agent changes, or the person in charge leaves the company. This article, by Toru Kano, Japanese Patent Attorney at BrandAgent (Kyoto), explains the options when a Japanese renewal deadline has passed.

First check: are you still within the 6-month grace period?

A Japanese trademark is valid for 10 years from registration. Renewal can be filed from 6 months before the expiry date. If that period is missed, the renewal can still be filed within 6 months after expiry by paying a surcharge equal to the renewal fee (i.e. double the fee). No reason needs to be given.

The official renewal fee is JPY 43,600 per class (10 years) or JPY 22,800 per class (5 years). An owner abroad must file through a Japanese patent attorney. If you are still in the grace period, act now — this is far simpler and cheaper than restoration.

After the grace period: the "not intentional" relief system

Following the 2021 amendment of the Japanese Patent Act and related laws, the requirement for restoring rights after a missed deadline was relaxed for deadlines missed on or after 1 April 2023.

Trademark procedures covered

• Application for renewal of a trademark registration (Trademark Act Art. 21)
• Late payment of the second installment of the registration fee (Art. 41-3) — for owners who chose the 5-year payment
• Renewal of a defensive mark registration (Art. 65-3)
• Application for registration of rewriting (Supplementary Provisions Art. 3)

For most foreign owners, the relevant ones are the 10-year renewal and the second installment of the 5-year registration fee.

Deadline for requesting restoration

Because the 2-month period starts when you notice the problem, contact a Japanese patent attorney immediately.

What the statement of reasons must contain

1. Why the procedure was not taken, and the date you became able to act — a short, clear explanation (for example, renewal reminders were sent to an old address after the previous agent closed).
2. A statement that the failure was not intentional — the JPO guideline example is: "The failure to take the procedure within the prescribed period was not intentional."

Evidence is not required in principle, but the JPO may ask for it.

Restoration fee

This is in addition to the renewal fee itself. If the delay was caused by reasons not attributable to the owner, the restoration fee may be waived; a written explanation must be filed with the request and evidence submitted within 2 months.

Cases where restoration is refused

Restoration is not available if the owner deliberately decided not to renew and later changed its mind. The JPO guideline gives examples such as:

• The company decided the mark was no longer needed, then the policy changed
• The owner did not pay the agent's fees, so the agent did not act, and the owner later changed its mind
• The owner let the right lapse, and later another company showed interest in buying it
• The owner gave up the right for financial reasons and later business improved
• The business closed, and a successor later restarted it
• Co-owners could not agree and gave up, then later reached agreement
• The owner ignored a JPO invitation to correct, and the procedure was dismissed

The common thread is a conscious decision not to act. A genuine oversight can qualify; a change of mind cannot.

How to avoid missing Japanese deadlines

• Keep your Japanese agent informed of address and contact changes
• If you chose the 5-year registration fee, record the date the second installment is due
• When you change agents, make sure the deadline records are handed over

FAQ

Q. Our Japanese trademark expired 3 months ago. What should we do?
A. You are still within the 6-month grace period. You can renew by paying the renewal fee plus an equal surcharge. No reason is needed.

Q. The grace period has also passed. Is there any hope?
A. If the deadline was missed on or after 1 April 2023 and it was not intentional, restoration may be possible. Act within 2 months of noticing.

Q. Is the restoration fee refunded if the request is refused?
A. In principle, no. It is worth having a patent attorney check your situation before filing.

Q. Our previous Japanese agent is no longer reachable. Can a new agent file the request?
A. Yes. A new agent can file with a power of attorney from the owner.

Related articles

• Japanese Trademark Renewal: Deadlines, Official Fees and Procedure for Foreign Owners
• Changing the Applicant of a Pending Japanese Trademark Application: Process and Documents
• Buying or Selling a Japanese Trademark: Assignment Procedure, Documents and Costs
• What Is a Trademark Right in Japan? When It Arises, Scope, Duration and Infringement