Trademark Invalidation Trial in Japan: Grounds, Who Can File, and How It Differs from Opposition

"A Japanese company registered our brand before we entered Japan." "We missed the opposition deadline — is there still anything we can do?" "Someone sent us a warning letter based on a registration that should never have been granted."

In these situations, the main tool for removing a registered trademark in Japan is the invalidation trial at the Japan Patent Office (JPO). In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains what an invalidation trial is, when it can be used, who can file it and how it differs from an opposition.

*Official fees as of October 2026.

What you will learn

What an invalidation trial is and when foreign brand owners need it
Main grounds for invalidation
Who can file, and the 5-year time limit
Opposition, invalidation and non-use cancellation compared
The procedure, partial invalidation and practical tips

What is a trademark invalidation trial?

An invalidation trial is a procedure in which you ask the JPO to declare that a trademark registration is invalid because it should not have been registered in the first place. It is decided by a panel of JPO trial examiners, with the registration owner as the opposing party.

When the decision to invalidate becomes final, the registration is in principle treated as if it had never existed. (For grounds that arose only after registration, the right ceases from the time the ground arose.)

Typical situations for overseas brand owners

A Japanese company or a reseller registered your brand in Japan before you did (a "bad-faith" or pre-emptive registration).
A mark similar to your earlier Japanese registration was registered for similar goods.
A mark free-riding on your well-known brand was registered and may confuse consumers.
The 2-month opposition period has already passed.
You received a warning letter or an Amazon Japan / Rakuten complaint based on a registration that you believe is invalid.

Main grounds for invalidation

An invalidation trial can be requested only on grounds listed in the Trademark Act — essentially, the reasons the registration should have been refused. Common examples:

Common grounds

Lack of distinctiveness (Art. 3): the mark is descriptive or generic for the goods.
Conflict with an earlier registration (Art. 4(1)(xi)): similar to an earlier-filed registered mark for similar goods/services.
Likelihood of confusion (Art. 4(1)(xv)): consumers may confuse the goods with another party's business, e.g. a famous brand.
Bad-faith filing (Art. 4(1)(xix)): copying a mark well known in Japan or abroad for an unfair purpose — often the key ground against pre-emptive registrations of foreign brands.
Other grounds: e.g. marks contrary to public order, and certain cases involving the applicant's eligibility.

Evidence is essential. For example, to argue that your brand is well known, you will need sales figures, advertising, media coverage and similar materials, ideally including those showing recognition in Japan.

Who can file?

Unlike an opposition, which anyone can file, an invalidation trial can be requested only by an interested party — someone whose business is actually affected by the registration. A brand owner whose mark conflicts with the registration, or a seller who has received a warning letter or complaint based on it, will usually qualify.

A requester without an address or office in Japan must file through a representative in Japan (a Japanese patent attorney).

The 5-year time limit

Watch the deadline

For many grounds — including lack of distinctiveness (Art. 3), conflict with an earlier registration (Art. 4(1)(xi)) and likelihood of confusion (Art. 4(1)(xv)) — an invalidation trial cannot be requested once 5 years have passed since the registration date.
Some grounds have no time limit (for example, bad-faith filing under Art. 4(1)(xix)), and for confusion with a well-known mark, the limit does not apply if the registration was obtained for an unfair purpose. If you find a conflicting registration, act early.

Opposition vs. invalidation vs. non-use cancellation

	Opposition	Invalidation trial	Non-use cancellation trial
Purpose	Early review of a newly granted registration	Full dispute over whether the registration should have been granted	Cancel a mark that is not being used
Time limit	Within 2 months of publication of the registration gazette	Any time after registration; 5-year limit for many grounds	Any time, if not used in Japan for 3+ consecutive years
Who can file	Anyone	Interested parties only	Anyone
Proceedings	Between the JPO and the owner; opponent has a limited role	Adversarial: requester vs. owner	Adversarial; the owner must prove use
Official fee (JPY)	3,000 + 8,000 × classes	15,000 + 40,000 × classes	15,000 + 40,000 × classes

If the problem is that the mark is simply not being used in Japan, a non-use cancellation trial is often simpler, because the owner must prove use. If the mark is being used but should never have been registered, an invalidation trial is the right tool.

The procedure

1. Assess: check the registration, identify the grounds, confirm standing and the 5-year limit.
2. Collect evidence: your earlier mark and its use, proof of reputation, the circumstances of the other party's filing.
3. File the request with the JPO, with the evidence.
4. Owner's answer: the owner is given an opportunity to respond; further written exchanges may follow.
5. Decision: the panel decides whether the registration is invalid. Either side can appeal to the IP High Court.

Partial invalidation is possible

An invalidation trial can target only some of the designated goods/services — for example, "invalidate the registration in respect of cosmetics." If you only need the registration removed for the goods you sell, a partial request can focus the dispute and the evidence. Note that the official fee depends on the number of classes requested.

Practical tips

Don't confuse opposition with invalidation — if the registration was published recently, an opposition may still be available and is cheaper.
Confirm that you are an interested party, and check the 5-year limit for each ground.
Decide whether you need full or partial invalidation.
Link each argument to specific evidence. Overseas evidence should be translated into Japanese.
Consider the alternatives — non-use cancellation, negotiation, or buying the registration — before choosing a trial simply because the mark is already registered.

At BrandAgent, every case is handled personally by a licensed patent attorney, and we communicate in English and Chinese. Consultations and quotes are free.

FAQ

Q. Can anyone file an invalidation trial?
A. No. Only an interested party can file. Anyone can file an opposition, but only within 2 months of publication of the registration gazette.
Q. What happens if we win?
A. Once the decision is final, the registration is invalidated and, in principle, treated as never having existed.
Q. Can we file more than 5 years after registration?
A. It depends on the ground. Many grounds are barred after 5 years, but bad-faith filing and some others are not.
Q. Someone registered our brand in Japan. What should we do first?
A. Send us the registration number. We will check whether opposition, invalidation or non-use cancellation is available, and whether filing your own application makes sense.

Summary

Key points

An invalidation trial removes a registration that should not have been granted.
Only interested parties can file; foreign requesters file through a Japanese patent attorney.
Many grounds are barred 5 years after registration — act early.
Opposition: anyone, within 2 months. Non-use cancellation: mark unused in Japan for 3+ years.
Partial invalidation for specific goods/services is possible.

Has someone registered your brand in Japan?
Send us the registration number — we will review the options and reply with our view and a quote, free of charge.

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

Get a free quote for your Japanese trademark