First Trademark Registration Made under the Consent System

Outline

1. Consent system under the Trademark Act

Under the Trademark Act of Japan, any trademarks that are identical with or similar to other persons’ registered trademarks (hereinafter referred to as “prior registered trademarks”) are unregistrable if such trademarks are used for goods or services identical with, or similar to, the designated goods or designated services pertaining to the registered trademarks.

However, due to the revision of the Trademark Act in 2023, even trademarks as mentioned above are now registrable subject to the consent of the right holders of prior registered trademarks and on the precondition that there is no likelihood of confusion between the prior registered trademarks and the trademark as applied.

Through this system, the scope of branding options available for new businesses will be expanded, which will in turn help SMEs, startup companies and other users of the system develop new business by making effective use of their intellectual property. Many countries and regions have already introduced a similar consent system, and going forward, in Japan, global corporate activities will be supported through the promotion of international harmonization of the trademark registration system.

The consent system-related revision of the Trademark Act was enforced on April 1, 2024, to be applied to trademark applications filed on and after the enforcement date.

2．First trademark registration made under the consent system

On April 7, 2025, the Japan Patent Office registered the following trademark, for which application for registration had been made after obtaining consent from the right holder of the prior registered trademark.

Division in Charge

Trademark Examination Standards Office, Trademark Division, Trademark and Customer Relations Department, Japan Patent Office