“First to file” and “first to use” are legal concepts to determine who has the right to the grant of a trademark in many jurisdictions around the world.
Like most countries in the world, Japan applies the “first to file” principle, which is regulated under Japan Trademark Act. According to Article 8 of the Trademark Act, when two or more applications are filed on different dates to register an identical or similar trademark used for identical or similar goods and services, only the applicant who filed the application first will be entitled to register that trademark. This is called the “First to file” principle. This means that if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is necessary for trademark holders to file their applications as soon as possible. After the time procedure, the trademark could be granted and provided a defense to infringement.
Besides, before filing a trademark application, you need to search prior trademarks to see if identical or similar trademarks have been registered by other applicants.
Please click here to know the fee of trademark registration in Japan. Also, you can visit here to see the procedures and required documents for trademark registration in Japan.
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