How to Keep Evidence of Trademark Use in Japan (Non-Use Cancellation Checklist, 2026)

"We registered our trademark in Japan years ago, but sales there only started recently — is our registration safe?" "We sell to Japan only through Amazon. What counts as evidence of use?" "Our Japanese distributor sells the products. Does that count as our use?"

A Japanese trademark registration is not protected forever just because it was granted. If a registered mark has not been used in Japan for three consecutive years or more, anyone can file a non-use cancellation trial against it — and the burden of proving use falls on the owner. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains how non-use cancellation works and how to keep evidence of use, with a practical checklist for online sellers.

*Information as of November 2026.

What you will learn

How non-use cancellation trials work in Japan
What counts as "use of the registered trademark" — and what does not
Why dated evidence matters
How to keep evidence for online and Amazon sales
A checklist you can start using today

Non-use cancellation trials in Japan: the basics

Japan's non-use cancellation trial allows a registration to be cancelled if the mark has not been used in Japan for three consecutive years or more. The aim is to clear unused marks off the register so that others can adopt them.

Anyone can file: the requester does not need to show any particular interest.
The owner must prove use: the owner has to show that the registered mark was used in Japan within the three years before the trial request was registered.
Licensees count: use by the owner, an exclusive licensee or a non-exclusive licensee is accepted.
Cancellation is retroactive: if cancelled, the right is deemed to have ceased on the date the trial request was registered.

For the requester, the official JPO fee for a trademark trial is JPY 15,000 + JPY 40,000 per class. That is not much, so it is common for a company that finds a blocking registration to file a non-use cancellation to clear the way for its own application.

Last-minute use usually does not help

Use made between three months before the trial request and the date the request is registered is disregarded if the requester proves that the use was made after the user learned a request would be filed — unless the owner shows a legitimate reason. Typical warning sign: someone approaches you asking to buy your Japanese mark, and you start using it only afterwards. Evidence has to be built up continuously, not when a problem appears.

What counts as use of a trademark in Japan

Under the Japanese Trademark Act, "use" includes affixing the mark to goods or their packaging; selling, delivering or importing goods bearing the mark; providing goods or services over the internet; and displaying or distributing advertisements, price lists or business documents bearing the mark, including electronically.

Good evidence answers three questions:

Which mark? The registered mark itself, or a form regarded as identical in the eyes of the trade.
Which goods or services? Goods or services that are designated in the registration.
When and where? Within the relevant three-year period, in Japan.

"Identical in the eyes of the trade"

A mark used in a slightly different form can still count. The JPO's trial manual gives examples: the same letters in a different typeface, or a switch between hiragana, katakana and Roman letters that gives the same pronunciation and meaning (for example the katakana for "rabu" and "love"). On the other hand, where the meaning differs — the katakana "pīsu" can mean "peace" or "piece", so it is not treated as identical to "peace" — the use does not count.

If you substantially redesigned your logo, added words, or broke up a word-and-device combination, the use may not count as use of the registered mark. After a rebrand, consider filing the new logo as well.

Use on the designated goods

A cancellation request may target only some of the designated goods or services. If your registration covers "clothing" but you only sell hats, the registration may be cancelled for goods you do not actually sell, depending on how the request is framed. Know which of your designated goods your actual products fall under.

Strong evidence vs weak evidence

Useful evidence	Weak or often unusable
Photos of goods/packaging bearing the mark, plus sales records for the same goods	Product photos with no indication of when they were taken or sold
Invoices, delivery notes and purchase orders showing date, product name and mark	Internal plans, prototypes and other material never shown to the market
Dated catalogues, flyers, advertisements and trade-show material in Japan	Sales or advertising outside Japan only
Online product pages saved with URL and date	Use of a logo that differs substantially from the registration
Import documents showing the product and brand	Use on goods outside the designated goods

One document rarely proves everything. The usual approach is to combine evidence: a product photo shows the mark on the goods, an invoice shows the date and the transaction, and a product page shows the offer to Japanese customers.

Evidence for online sellers and Amazon Japan

If you sell to Japan only online, you have no shop and maybe no printed catalogue, so evidence can be surprisingly thin. Product pages change or disappear, so you need to save them deliberately.

Save your product pages: save the page (for example as PDF) with the mark, product name and price visible, and with the URL and date shown. Doing this regularly — say every six months — helps show use throughout the period.
Keep sales records: order data or sales reports showing dates and product names. Personal data of customers can be redacted.
Photograph the real products: keep dated photos showing the mark on goods and packaging as shipped.
Show that sales target Japan: sales on Japanese marketplaces (Amazon.co.jp, Rakuten Ichiba and so on), Japanese-language listings, prices in yen and shipping records to Japanese addresses all help show use directed at Japanese consumers.

What data a marketplace dashboard shows, and for how long, can change when the platform updates its systems. Download and keep the data you need yourself.

If your Japanese distributor uses the mark

Many overseas brands own the Japanese registration while a Japanese importer or distributor does the actual selling. Use by a licensee counts, but you should be able to show the permission — keep the distribution or licence agreement — and make sure the distributor keeps invoices, photos and advertising material each year. It is much easier to collect this routinely than to ask for it urgently during a trial.

Checklist: start today

Evidence checklist

List your Japanese registrations: mark, number and designated goods.
Check that the logo you actually use matches the registered mark.
Check which designated goods your products fall under.
Keep dated photos of goods and packaging.
Keep invoices and delivery notes showing the mark and product names.
Save Japanese product pages with URL and date, regularly.
If a licensee or distributor uses the mark, keep the agreement and collect their evidence.

How BrandAgent can help

BrandAgent has handled more than 4,000 applications, and every case is handled personally by a licensed Japanese patent attorney. If you have received a non-use cancellation request, need help organising evidence, or want to cancel someone else's unused mark, contact us for a free quote. We communicate in English and Chinese; payment by PayPal (JPY) or bank transfer.

For new Japanese trademark applications — for example after a logo redesign — our fees are JPY 25,000 per class at filing and JPY 25,000 per class at registration (excluding consumption tax), with a free prior search when you instruct us to file. Foreign applicants without an address in Japan must file through a Japanese patent attorney.

FAQ

Q. Can our mark be cancelled within three years of registration?
A. Not by non-use cancellation, which requires three consecutive years of non-use in Japan.
Q. Does selling in China or the US count as use in Japan?
A. No. The mark must be used in Japan.
Q. We use a slightly modified logo. Is that a problem?
A. A typeface change may be accepted as identical, but structural changes may not. Consider filing the new logo.
Q. Can we start using the mark after a trial is requested?
A. The trial looks at use in the three years before the request is registered, so use started after registration of the request does not count. Use from three months before the request until its registration is also disregarded if the requester proves it was made after you learned of the coming request, unless there is a legitimate reason. Build evidence continuously.
Q. Our distributor sells the goods. Does that count?
A. Yes, licensee use counts. Keep the agreement and the distributor's sales evidence.

Key points

A mark unused in Japan for three consecutive years can be cancelled at anyone's request.
The owner must prove use; last-minute use made after learning of the request does not count if the requester proves that knowledge.
Evidence should show which mark, which goods, and when — in Japan.
Online sellers should save dated product pages and sales records regularly.
Licensee and distributor use counts — keep the agreement too.

Worried about non-use of your Japanese trademark?
Tell us your registration and how you sell in Japan — we will reply with advice and a quote, free of charge.

BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney

Get a free quote for your Japanese trademark