Japan IP News

TRADEMARK LAW REVISION

Major Points of Revisions

  1. Retailer’s mark is protected as servicemark
    Current Law: Retailer’s marks are protected as trademarks. Trademark applications have to be filed for respective goods.
    Revised Law: Retailer’s marks are protected as servicemarks. The retailers do not have to file applications for respective goods. Instead, a retailer will file a single servicemark application for all the goods he handles.
  2. Requirement on collective trademark owner is relaxed
    Current Law: Owners of collective trademarks must be organizations established under Civil Code, Article 34.
    Revised Law: Additional entities such as "chamber of commerce and industry" and "non-profit organization" can also be owners of collective trademarks.
  3. Exportation is use of the registered trademark
    Current Law: Exportation is not use of the registered trademark.
    Revised Law: Exportation will infringe the trademark right.
  4. "Retaining a product for exportation" is indirect infringement of the trademark right
    Current Law: Retaining a product for the purpose of assigning or releasing is indirect infringement of the trademark right.
    Revised Law: Retaining the product for the purpose of exportation will also be indirect infringement of the trademark right.
  5. Penalty applied to infringers is enhanced
    Current Law: An infringer shall be jailed five years or less, or fined five million yen or less.
    Revised Law: An infringer shall be jailed ten years or less, and/or fined ten million yen or less.
  6. Penalty applied to legal persons becomes severer
    Current Law: A legal person shall be fined one hundred and fifty million yen or less if an employee of that legal person infringes someone’s trademark right in connection with the business of that legal person.
    Revised Law: The fine will be increased to three hundred million yen.