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Japan：Trademark

New trademark consent system in Japan effective April 1, 2024

2024-03-28

The Japanese Patent Office introduce a new consent system in 2024.

The Japanese consent system is the so-called “reserved type consent system”, under which registration is granted if the JPO Examiner determines that there is no likelihood of confusion after the trademark owner has given his/her consent. This is not the so-called "complete consent system" in which registration is granted only with the consent of the prior owner.

The amendment of the act came into effect on April 1, 2024, and applies to applications filed on and after the effective date, namely April 1, 2024. The new Consent System does not apply to applications for trademark registration filed before the effective date, even if examination is pending after the effective date, namely April 1, 2024.

However, the timing of consent, the time when the existence of confusion is determined, the period during which confusion will occur in the future, and the content of confusion are matters for future deliberation.