The Trademark Examination Manual
The Trademark Examination Manual is based on the understanding that in order to ensure the smooth administration of the trademark system, it is necessary for the examination to follow a certain standard in a uniform, fair and appropriate manner. Based on this perception, the trademark manual has been organized into categories of laws and regulations, handling and material/evidence that are required for the daily administration of examinations. It supplements the Trademark Examination Standards, and as such, both the Trademark Examination Standards and the Trademark Examination Manual prescribe the administration and operation/handling of trademark examinations.
It is from this perspective that the Trademark Examination Manual was prepared by the Trademark Examination Standards Office in March 1981 with the cooperation of related organizations, after studies on the practical operations of the examination, and documents were created by the Trademark Examination Standards Committee established inside the Trademark Division. Since then, in line with the amendments that were made to the Commercial Code, the Trademark Examination Manual has been revised whenever necessary.
Until now, the Trademark Examination Manual was only available to JPO examiners for use as examination material to be used in executing their practical duties. In the view of the need to promote a common understanding both inside and outside the JPO regarding the administration of practical trademark examinations in order to promote the smooth operation of the trademark system, and in response to demands from third parties, the JPO has decided to publicly disclose the Trademark Examination Manual.
The administration of trademark examinations must accommodate the changes in the way goods and services are traded in a society, and must be conducted in a fair and appropriate manner. We will continue to study the current Trademark Examination Manual, while reviewing and adding contents as necessary. We hope to solicit the frank opinions of interested parties by disclosing the Trademark Examination Manual so that we can
Foreword<PDF 6KB>
Notes<PDF 43KB>
Trademark Examination Manual Classification Chart<PDF 11KB>
INDEX
[11. Request]
l 11.01 Dismissal of an Application
l 11.02 Determination of the Filing Date of Trademark (Defensive Mark) Application and Correction
[13. Representative]
l 13.01 The Draft in a Case in which an Additional Representative has Received Power of Attorney
l 13.02 Handling of Drafts that have been Submitted by a Representative who has Died and the Notice of Death has not been Given to the JPO
l 13.51 Drafting in a Case in which an International Trademark Application does not have a Domestic Representative
[15. Priority Right]
l 15.01 Handling of an Application for which a Priority Right is not Accepted
l 15.02 Regarding the Decision of Identicalness of Three-dimensional Trademarks in which a Request for Trademark Registration Accompanies a Priority Claim
l 15.03 Regarding the Decision of Identicalness of Trademarks of Standard Characters in a Case in which a Request for Trademark Registration Accompanies a Priority Claim
[17. New Application Pertaining to Division, Conversion and Declining of Amendment]
l 17.02 Regarding Notification in a Case in which a Divisional Application is Rejected
l 17.04 Regarding Notice of Rejection of a New Application Related to a Conversion
l 17.05 Handling of the Original Application when an Application has been Converted
[19. Procedures Concerning Standard Characters, etc.]
l 19.01 Regarding the Designation of the Standard Characters as Stipulated in Section 5(3) of the JTL
l 19.51 Handling of a Case in which the Applicant Declares that the Trademark Claimed in an International Trademark Application is in "Standard Characters"
[20. Examination]
l 20.01 Handling Concerning the Conducting of Examination through Interviews
l 20.02 Accelerated Examination System
[21. Legal and Designated Periods]
l 21.01 The Handling of the Legal Period and the Designated Period
[25. Trademark Subject to Trademark Registration]
l 25.02 The Handling of a Case when an Applicant Demands that the Stipulations of Section 5(4) Proviso of the JTL be Applied to the Portions that do not Describe the Trademark
l 25.51 Handling of a Case in which a "Transliteration of the Mark," "Translation of the Mark" or "Description of the Mark" was Indicated for an International Trademark Application
l 25.52 Handling of a Trademark to which One or More Colors are Applied in an International Trademark Application
[26. Defensive Mark]
l 26.01 Regarding Examination of an Application for the Registration of a Defensive Mark and the Renewal of a Defensive Mark
l 26.03 Handling of Identification of the Applicant
l (26.04)Handling of a Case in which a Renewal Application for the Term of a Defensive Mark Right is Filed in an Overlapped Manner ->43.05
l 26.05 Handling of a Case in which, after Comparing the "Request of a Renewal Application for the Term of a Defensive Mark Right" with the Register, the Applicant is Found Different from the Owner the Defensive Mark Right
[27. Collective Trademark]
l 27.01 Handling of Collective Trademarks
l 27.51 Handling of a Case in which an International Trademark Application Includes a Description Equivalent to "Collective Trademarks"
[31. Change of Gist]
l 31.01 Handling of an Amendment Related to a Description of a Three-Dimensional Trademark Pursuant to Section 5(2) of the JTL
l 31.02 Handling of Amendment Related to the Description of "Standard Characters" Pursuant to Section 5(3) of the JTL.
l 31.51 Handling of a Case Where a "Limitation of Goods, etc." Reported by the International Bureau Changes the Gist .
[40. Notification of the Reasons for Refusal]
l 40.01 Notification of Reasons for Refusal Based on the Unregistered Prior Trademark
l 40.02 Disclosure of the Reasons for Refusal under Section 4(1)(xi) of the JTL
l 40.04 Notification of the Reasons for Refusal within the Period Specified by Cabinet Ordinance
[41. Section 3 of the JTL]
l 41.04 Handling of the Main Paragraph of Section 3(1) of the JTL in a Case in which the Ownership of the Applicant has been Changed
l 41.05 Trademarks Related to Foreign Geographical Names
l 41.08 Trademarks Using Names of Mountains, Rivers and Building Structures
l 41.09 Handling Concerning Examination of the Capability to Distinguish Three-Dimensional Trademarks
[42. Section 4 of the JTL]
l 42.01 Handling of Foreign National Flags
l 42.03 Handling of Universiade Marks
l 42.10 Handling of Trademarks Composed of Words or Figures that are Discriminatory or Give Unpleasant Impressions to Others
l 42.11 Handling of Trademarks that may Represent or Cause Confusion with a State Qualification, etc. (e.g. OOO (Publicly-certified OOO) or OOO (Professor OOO))
l 42.14 Handling of Materials Related to "Trademarks Widely Recognized by Consumers"
l 42.15 Administrative Policy Concerning Protection of Foreign Marks, etc.
l 42.17 Interpretation of Section 4(1)(iii) and (v) of the JTL
l (42.18)Trademarks Using Names of Mountains, Rivers and Building Structures ->41.08
l 42.19 Handling of Marks Related to Gangs (Gang Marks etc.)
l 42.20 Interpretation of Section 4(1)(xvii) of the JTL Based on the TRIPS Agreement
l 42.21 Designation of the Place of Origin Based on the Provisions under Section 4(1)(xvii) of the JTL
l 42.23 Handling of a Three-dimensional Shape Essential to the Functions or Packaging of the Goods (Section 4(1)(xviii) of the JTL)
l 42.25 Examination Concerning Section 4(1)(xix) of the JTL
[43. Renewal]
l 43.05 Handling of a Case in which a Renewal Application for the Term of a Defensive Mark Right is Filed in an Overlapped Manner
l (43.06)Identification of the Applicant ->26.03
[44. Applications Filed on the Same Date]
l 44.01 Handling of Cases where Two or More Trademark Applications were Filed on the Same Date Provided for in Section 8(2), (4) and (5) of the JTL
[45. Overlapping Protection]
l 45.02 Handling of a Trademark Application that Overlaps with the Trademark Rights Subject to Reclassification
l 45.51 Handling of Special Provisions for Time of Filing Application for International Trademark Registration under Section 68decies of JTL
[46. Section 6 of the JTL]
l 46.01 Administration of Examinations of Unclearly Designated Goods or Services
[49. Reclassification]
l 49.01 Handling of Examination for Reclassification
l 49.02 Handling a Case in which, after Comparing the Requester of Reclassification and the Register, the Requester was Found to be Different from the Trademark Right Owner
[71. Decision of Refusal]
l (71.02)Handling of Drafts that Have been Submitted by a Representative who has Died and the Notice of Death has not been Given to the JPO ->13.02
[72. Decision of Registration]
l (72.02)Handling of Drafts that have been Submitted by a Representative who has Died and the Notice of Death has not been Given to the JPO ->13.02
l 72.05 Handling of Cases where a Document for a Partial Abandonment of the Designated Goods or Services was Submitted
[85. Laying Open of Applications]
l 85.01 Trademarks and Designated Goods and/or Services that are not Published in Publication of Unexamined Applications
l 85.51 Handling Preparation of Translations of Designated Goods and/or Services, Claiming in an International Trademark Application and Their Publication in a Gazette, etc.
[89. Offering Information]
l 89.01 Offering Information concerning a Trademark Application
l 89.02 Offering Information Concerning a Mark Indicating a State, a Local Public Entity, or an Organization, etc. Working in the Public Interest
[A1.Basic Registration or Basic Application]
l A1.01 Handling of Two or More Basic Trademark Registrations or Trademark Applications
[A2. Trademark Claimed in International Application]
l A2.01 Handling Concerning Identification of a Trademark Claimed in an International Trademark Application and the Trademark Claimed in the basic Registration or Application
l A2.02 Handling Concerning Identification of Trademarks when the Basic Registration or Basic Application is a Three-Dimensional Trademark
l A2.03 Handling Concerning Declaration of Standard Characters and Identification of Trademarks Regarding an International Application when the Trademark Claimed in the Basic Registration or Basic Application is in Standard Characters
l A2.04 Handling of Identification of a Trademark which Has Color as a Composing Element
l A2.05 Handling of Transliteration of a Trademark Concerning an International Trademark Application (Notation in Alphanumerical Characters Other than Roman alphabet, and Arabic or Roman Numerals)
l A2.06 Handling of Translation of a Trademark Concerning an International Trademark Application
l A2.07 Handling the Description of the Trademark on an International Trademark Application
[A3. Goods or Services Claimed in an International Application]
l A3.01 Handling the Identification of Goods and/or Services Concerning an International Trademark Application
l A3.02 Handling the Description of Classes in an International Trademark Application
l A3.03 Handling of a Case in which the International Bureau Reports Defect on the Description of the Goods and Services for which International Registration is Sought
[A8. Notification to the International Bureau]
l A8.01 Report to the International Bureau in a Case in which All or a Part of the Designated Goods and/or Services Concerning the Basic Registration or Basic Application have Lapsed
l A8.02 Notification to the International Bureau in a Case in which the Basic Registration or Basic Application was Divided
[Appendices]
Appendix 1 List of Standard Characters
u Part1
u Part2
u Part3
u Part4
u Part5
u Part6
u Part7
u Part8
u Part9
l Appendix 2 Examples of Trademarks that Indicate the Origin of Wines or Spirits Produced in WTO Member Countries
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