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As of 1 April 2007, it is possible to register a trade mark in Japan in respect of retailing services in Class 35.
A trade mark application will be able to include general retailing services relating to a range of goods (such as in the situation of a supermarket or department store) or retailing services relating to specific items (for example, retailing services relating to clothing).
For retailing services relating to particular goods, cross searches for conflicting prior marks will be conducted by the Japan Patent Office in respect of the relevant goods which are the subject matter of the specific retailing services. This will not be the case for general retailing services.
There is currently a special reservation period following the introduction of the change from 1 April 2007 to 30 June 2007. All applications filed for retailing services within this period will be deemed to have been filed on the same date. There are certain provisions which are set out in the case of conflicting applications for same or similar marks which have been filed during this reservation period.
Due to this new impending change, we recommend filing new applications for registration of any marks which are used or intended to be used in Japan in respect of retailing services either through retail stores, mail order catalogues or from an internet website.
Since Japan runs on a "first to file" principle, it is important that filing be done as soon as possible in order to fully protect trade mark rights and to take advantage of the reservation period which will expire on 30 June 2007.
If you have any questions regarding this then please contact us at ip@deaconslaw.com.
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