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Japan Trademarks: New Guidelines Clarifying the Consent System

2026-04-01

The Japan Patent Office (JPO) has recently announced revisions to the "Examination Guidelines for Trademarks" and the "Trademark Examination Manual." These updates clarify the practical criteria for the "Consent System" (a system that allows for the registration of a trademark even if it is similar to a prior registered trademark, provided there is consent from the prior registrant).

The new guidelines aim to improve predictability for businesses, particularly for corporate groups and strategic alliances.

[Key Points of the Revision]

1. Treatment of Control Relationships (Corporate Groups)
Under the new guidelines, if a "control relationship" exists between the applicant and the prior trademark owner (e.g., parent and subsidiary), it will generally be determined that there is no risk of confusion regarding the source of the goods or services. This simplifies the process for registering similar trademarks within the same corporate group.

2. Clarification of Determination Criteria
The guidelines specify that if the source of the goods or services for which both trademarks are used is deemed to be "substantially identical," it will be determined that no risk of confusion exists. The revision provides more concrete standards for what constitutes a lack of confusion, making the system easier to navigate.

[Effective Date]

These revised guidelines will apply to examinations conducted on or after April 1, 2026.
Strategic Impact

These updates are expected to facilitate smoother trademark filings in Japan for international clients operating through multiple entities or those entering into co-existence agreements. By providing clearer criteria for "confusion," the JPO is making the registration process more transparent and predictable.