Received Refusal from Japan ?
Do you need help responding to a Provisional Refusal of an international trademark application designating Japan?
Not sure:
- which Japanese patent attorney to choose;
- how much it’ll cost; and/or
- how the rejections could/should be overcome, especially when cited marks include Japanese?
Let us help you !
Representing Clients Before JPO
Patent attorneys experienced in the International Trademark System (Madrid System) will represent you before the Japan Patent Office (JPO) and assist you in proceeding with your international trademark application.
Drafting / Filing Responses
As per your instructions, we will prepare and file a response including a written opinion and/or an amendment to overcome rejections made in a Provisional Refusal.
Providing Professional Analysis
Upon request, we will provide a detailed analysis including professional advice as to how the rejections could/should be overcome.
- Send us a copy of the Provisional Refusal you have received from the JPO, along with any questions, requests, and/or comments.
- In response, we will provide you with our comments and an estimate of the cost for preparing and filing a response to the Provisional Refusal, and also, upon request, a detailed analysis including professional advice as to how the rejections could/should be overcome.
- Once we receive your confirmation, we will actually prepare and file a response to the Provisional Refusal, and send you a filing report along with an invoice (payment can be made via credit card or wire transfer).
The price of our services for responding to Provisional Refusals varies depending on the details of the Provisional Refusals; i.e., the more complex the legal issues to be addressed, the higher the cost. Thus, we will calculate a cost estimate once we receive a copy of a Provisional Refusal (or International Trademark Registration Number) from you.
Typical Prices
- 30,000-60,000 JPY : Price range for cases where only simple issues need to be addressed.
- 60,000-90,000 JPY : Standard price range for regular cases.
- 90,000 JPY or more : Price range for particularly difficult cases involving complex legal issues and/or a large number of classes.
A flat rate of 30,000 JPY will be applied to Provisional Refusals that are especially simple and easy to address (if the Provisional Refusal includes an amendment proposed by the Examiner AND the client agrees to proceed with the proposed amendment).
We need to file a response within 3 months from the date of pronouncement typically indicated at the bottom of the first page of the Provisional Refusal (e.g., if the date of pronouncement is June 23, 2022, the deadline is September 23, 2022).
Yes. In this case, however, we need to file a request for a 2-month extension from the initial deadline, along with the payment of an additional fee for extension.
We can include a written opinion and/or an amendment depending on our strategy for responding to the rejections. In the written opinion, we may include our comments as to how and why the application is in condition for allowance, whereas in the amendment, we may cancel, limit, and/or clarify one or more goods and services in the application.
The Examiner will re-examine the application in the light of the response, and issue a Decision of Registration or a Decision of Refusal accordingly.
We can try to overcome the rejections by filing an appeal against the Decision of Refusal. Similarly to a response to a Provisional Refusal, we can include a written opinion and/or an amendment in the appeal.
Let us know if you have any questions or concerns (email: koji.kawabata@ktsip.com).
Ready?
The Madrid System facilitates the expansion of your global trademark portfolio, allowing you to cost-effectively and easily register trademarks in multiple countries including Japan.
However, when a Provisional Refusal is issued by the JPO, things start getting a bit complex. You will need to find an experienced Japanese patent attorney to represent you before the JPO (which in itself could be troublesome), and work in collaboration with your representative to come up with an efficient way to overcome the rejections made in the Provisional Refusal.
Run by KTSIP Osaka and KT&S IP Firm, a team of competitive patent attorneys with more than 15 years of experience in this field, this website (TrademarkJP) is designed to connect you with a reliable representative who will guide you through the process of extending trademark protection to Japan. Feel free to contact us via the contact form below!
Koji Kawabata, Japanese patent attorney
Contact
Firm Information
- ●Firm name:
- KTSIP Osaka
- ●Address:
- 2-1-2, 4th Floor, Uchihiranomachi, Chuo-ku, Osaka, JAPAN
- ●Zipcode:
- 540-0037
- ●Phone number:
- (+81)-6-7709-2091
- ●Web:
- https://ktsiposaka.com/
- https://www.pctjapan.com/
