Japanese trademark law
From Wikipedia, the free encyclopedia
Japanese trademark law is mainly enacted by the Trademark Act (商標法 Shōhyō-hō?) of 1959. Under Japanese trademark law, only registered trademarks establish a trademark right (Article 18), and examination procedure is necessary for trademarks to be registered (Article 14). A person first to file an application may obtain the registration for a trademark over a prior user of the same trademark (Article 8).
Protection for unregistered well-known trademarks is carried out by the Unfair Competition Prevention Act (不正競争防止法 Fusei kyōsō bōshi-hō?) of 1993.
Contents |
[edit] Effects of trademark right
| Goods/services identical to it is | Goods/services similar to it is | Goods/services neither identical nor similar to it is | |
| Use of mark identical to registered trademark for | Infringement of trademark right in terms of Trademark Act (Article 25 and 37(i)) | Unfair competition in terms of Unfair Competition Prevention Act, if the registered trademark is well-known and the use is creating confusion, or if the registered trademark is famous (Article 2(1)(i) and (ii)) | |
| Use of mark similar to registered trademark for | |||
| use of mark neither identical nor similar to registered trademark for | Fair | ||
| Goods/services identical to it is | Goods/services similar to it is | Goods/services neither identical nor similar to it is | |
| Use of mark identical to unregistered trademark for | Unfair competition in terms of Unfair Competition Prevention Act, if the unregistered trademark is well-known and the use is creating confusion, or if the unregistered trademark is famous (Article 2(1)(i) and (ii)) | ||
| Use of mark similar to unregistered trademark for | |||
| Use of mark neither identical nor similar to unregistered trademark for | Fair | ||
[edit] English translation
Japanese government is now preparing an "unofficial" English translation of some fundamental statutes. The translation of the Unfair Competition Prevention Act is available, and the translation of the Trademark Act will soon become available, from the Cabinet Secretariat's website [1].
[edit] See also
[edit] External links
- Trademark Act of 1959 (in Japanese)
- Unfair Competition Prevention Act of 1993 (in Japanese)
- Procedures for obtaining a trademark right by the Japan Patent Office
