Filing a Trademark in Japan: Process, Costs and Pitfalls for Foreign Applicants

"We filed in Japan — do we already own the trademark?" "How long until it is registered?" "What happens if the examiner objects?"

In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains what a trademark application in Japan actually is, the steps from filing to registration, the costs involved, and the mistakes overseas applicants most often make.

*Official fees are those in effect since the April 1, 2022 revision of the JPO fee schedule (last updated: October 2026).

What goes into a Japanese trademark application

An application must state four things accurately. Each of them affects how strong — and how useful — your registration will be.

• The mark: a word mark in standard characters, or a logo submitted as an image.
• The applicant: the company's registered name, or an individual's legal name (trade names and pen names are not accepted). For overseas applicants we file the name and address in Japanese together with the original-language form, so please send them in your own language and in English.
• The classes: goods and services are grouped into 45 classes under the Nice Classification. Fees depend on the number of classes, and a missing class means that business is not protected even after registration.
• The designated goods/services: the specific items within each class. They must be worded so that their content and scope are clear. Vague wording leads to an amendment or a refusal, and a description accepted in your home country may need to be adjusted for Japanese practice.

An applicant with no domicile or business office in Japan cannot file directly with the JPO. The application and every later procedure must be handled by a representative in Japan — in practice, a Japanese patent attorney (Benrishi).

From filing to registration: the 8 steps

When the JPO raises an objection (Office Action)

A notice of reasons for refusal is not a final rejection. It is your chance to argue your case or amend the application. The most common grounds are:

• Article 4(1)(xi): identical or similar to an earlier registered mark for identical or similar goods/services
• Article 3(1)(iii) etc.: the mark only describes the origin, quality or nature of the goods (no distinctiveness)
• Article 4(1)(vii): contrary to public order or morality
• Unclear goods/services: the wording does not make the scope clear

For applicants residing outside Japan, the response period is 3 months (40 days for Japanese residents), and it can be extended on request for an official fee. The response is a written argument (opinion), an amendment of the goods/services, or both. If the objection is not overcome, a final refusal is issued; an appeal against it must be filed within 3 months.

BrandAgent's fee for preparing an Office Action response is JPY 25,000 (excluding Japanese consumption tax, where applicable). We report the objection to you in English or Chinese, together with our assessment and recommended course of action.

Accelerated examination

Normal examination takes about 9–12 months from filing. With accelerated examination, a first decision can come in about 2–3 months. It is available mainly in these cases:

Some mark types are not eligible, including motion, hologram, colour-only, sound and position marks, certain three-dimensional marks (such as store exteriors or interiors), and applications relying on the consent system. Many cross-border sellers qualify through actual use — for example, goods already sold on Amazon Japan or Rakuten — but the evidence must be prepared properly.

Costs

Official fees are paid twice: at filing and at registration.

(Official fees in JPY. Filing fee = 3,400 + 8,600 × classes.)

Why the prior search matters

The most common reason for refusal is a conflicting earlier mark under Article 4(1)(xi). Examiners compare marks by appearance, pronunciation and meaning, so a mark that looks different in your language may still be judged similar in Japan — for example, because its katakana reading sounds like an existing mark. In practice, success is largely decided before filing, at the search and drafting stage.

Direct filing, Madrid designation and priority

Overseas brand owners can reach Japan in two ways: a direct national application through a Japanese attorney, or a designation of Japan in an international registration under the Madrid System. A Madrid designation is convenient for multi-country filings, but if the JPO raises an objection you will still need a Japanese attorney, and the goods/services are not tailored to Japanese practice. When Japan is a key market, a direct filing is usually the safer choice.

If you filed the same mark at home within the last 6 months, you can claim Paris Convention priority, so that your Japanese application is examined as if filed on your home filing date.

Common mistakes

When should you file?

Japan follows a first-to-file system: the first applicant generally wins, regardless of who used the mark first. Ideally, file before you invest heavily in the name:

• Before launching products or services in Japan
• Before opening a Japanese website or an Amazon Japan / Rakuten store
• Before advertising or signing with Japanese distributors
• Before fundraising or investor presentations

FAQ

• Q. Do we have trademark rights as soon as we file?
  A. No. The right arises only after examination, payment of the registration fee and registration.
• Q. Can we file ourselves from overseas?
  A. Not if you have no address or business office in Japan. A representative in Japan is required by law.
• Q. How long does it take?
  A. About 9–12 months under normal examination, or about 2–3 months with accelerated examination.
• Q. What is the most important part?
  A. The prior search and the choice of classes and goods/services wording.
• Q. Can we communicate in English?
  A. Yes. We handle cases in English and Chinese.

Summary

Related articles

• How Much Does a Japanese Trademark Cost? Fees for Foreign Applicants (2026)
• How to Register a Trademark in Japan: Step-by-Step Guide for Foreign Applicants [2026]
• How Long Does Trademark Registration Take in Japan? Timeline from Filing to Registration (2026)
• Trademark Classes in Japan: How to Choose from the 45 Nice Classes and Describe Your Goods/Services