Quick Answer
- A Japan trademark license allows a third party to use your registered mark under agreed conditions
- Two types: exclusive license and non-exclusive license
- Licenses should be registered with the JPO to be enforceable against third parties
- The trademark owner must remain registered — the license does not transfer ownership
- A Japanese trademark attorney is recommended for drafting and registering license agreements
A Japan trademark license is a commercial tool that lets you monetise your registered mark — or work with a local distributor, franchisee, or partner — while keeping ownership of the brand.
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What is a Japan Trademark License
A trademark license in Japan is a contract that grants another party (the licensee) the right to use your registered trademark for specified goods and services in Japan.
The two main types:
- Exclusive license (専用使用権) — Only the licensee can use the mark. Even the trademark owner cannot use it in the licensed scope. Must be registered with the JPO to take effect
- Non-exclusive license (通常使用権) — Multiple licensees can use the mark simultaneously alongside the owner. JPO registration is optional but recommended
Common uses for trademark licensing in Japan:
- Appointing a local distributor or retailer to sell your branded products
- Franchise agreements with Japanese operators
- Manufacturing agreements with Japanese factories
- Co-branding or collaboration partnerships
Japan Trademark Cost: Licensing
| Action | JPO fee | Attorney fee (estimate) |
|---|---|---|
| Register exclusive license (per license) | ¥30,000 | Quote on request |
| Register non-exclusive license (per license) | ¥30,000 | Quote on request |
| Draft license agreement | None | Quote on request |
| Cancel license registration | Registration tax applies | Attorney fee varies |
Licensing fees and royalty rates are agreed privately between the parties. JPO fees above cover the official registration of the license only.
Trademark License Process
- Confirm your registration is valid — A license can only be granted on a currently registered trademark. Check the registration is active and covers the relevant classes
- Negotiate license terms — Agree on scope (goods/services), territory (all of Japan or specific regions), duration, royalties, quality control, and sublicensing rights
- Draft the license agreement — Have a qualified attorney prepare the agreement in both English and Japanese to avoid ambiguity
- Register the license with the JPO — Exclusive licenses must be registered to take legal effect. Non-exclusive licenses should be registered to be enforceable against third parties
- Monitor licensee use — Ensure the licensee uses the mark in accordance with the agreement. Poor quality control can harm your brand and expose your registration to cancellation risk
- Renew or terminate — Manage license renewals and terminations in line with the agreement terms
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BrandAgent provides full support for foreign companies.
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Timeline
| Stage | Duration |
|---|---|
| License agreement drafting and negotiation | 2–8 weeks |
| JPO license registration processing | 1–2 months |
| Trademark registration (if not yet filed) | 10–14 months |
Common Mistakes
- No JPO registration — An unregistered exclusive license has no legal effect in Japan. An unregistered non-exclusive license is not enforceable against third parties who acquire the trademark
- Weak quality control clauses — A licensee using your mark on substandard products damages your brand reputation and may trigger cancellation risk
- No sublicensing restrictions — Without clear restrictions, a licensee may sublicense your mark to third parties you have not approved
- Licensing before registering — You cannot grant a legally enforceable trademark license in Japan on an unregistered mark. Register first
- English-only agreement — Japanese courts will apply Japanese law to disputes in Japan. Always have the agreement properly translated and reviewed in Japanese
FAQ
Do I need to register a trademark license in Japan?
Exclusive licenses must be registered with the JPO to take legal effect. Non-exclusive licenses do not legally require registration, but JPO registration makes the license enforceable against third parties and protects the licensee if the mark is later transferred.
Can I license my trademark before it is registered in Japan?
No. A JPO-registered trademark license requires an active registration. Register your mark first, then grant the license. If you need a partner to start operating in Japan before registration is complete, consult your attorney about interim contractual arrangements.
Does licensing my trademark satisfy Japan's use requirement?
Yes. Use of the mark by an authorised licensee in Japan counts as use by the trademark owner for the purposes of Japan's 3-year non-use cancellation rule — provided the license is valid and the use is genuine.
Can I grant a trademark license to a company outside Japan?
Yes. The licensee does not need to be based in Japan. However, the license must cover use of the mark in Japan, and JPO registration of the license is still recommended to protect both parties' rights.
Conclusion
A Japan trademark license is an effective way to work with local partners while keeping ownership of your brand. Register the license with the JPO to ensure it is legally enforceable.
- Two types: exclusive license (must be JPO-registered) and non-exclusive license
- JPO registration tax: ¥30,000 per license registration
- Draft a bilingual agreement — Japanese and English
- Licensee use counts toward Japan's 3-year use requirement
Register Your Trademark in Japan
If you plan to enter the Japanese market, securing your trademark is essential. BrandAgent Patent Office has handled over 4,000 trademark filings.
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- Buying or Selling a Japanese Trademark: Assignment Procedure, Documents and Costs
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- OEM Manufacturing and Japanese Trademarks: Who Should Own Your Brand in Japan?