Japan was one of the three countries, which adopted two-payment of the Individual Fees.
Revised Japanese Trademark Law came into effect as on April 1st, 2023.
Pursuant to the revised law, when you file a new international application or an application to subsequently designate Japan to the International Registration on or after April 1st, 2023, you will no longer need to pay the second part of the indivisual fees at the time of registration.
International application OR subsequent designation of Japan
filed on or after April 1st, 2023
You will pay the increased amount of indivisual fee at the time of filing, and that is all you will have to pay with regard to the designation of Japan, like the most of other countries. When protection is granted in Japan, there is nothing that you have to do. You will just wait to receive the certificate of registration from the Japan Patent Office.
International application OR subsequent designation of Japan
filed on or before March 31st, 2023
The second part of indivisual fees is required with regard to the designation of Japan at the time of registration.
Second part of the Individual Fee has to be paid after protection is granted by the Japan Patent Office (as an Office of a designated Contracting Party).
When your trademark application (that is the designation of Japan) is approved for registration in Japan, the holder will receive following two notifications from the International Bureau of WIPO.
- Notification of Grant of Protection, and
- Notification of Second Part of Individual Fee
Please note that even when a Japanese local representatives are appointed to file a response to a Provisional Refusal in Japan, these notifications will be sent directly to the holder (or its representative if any) and not to its Japanese local representatives.
The Notification of Second Part of Individual Fee indicates:
- Reference Number, that should be included with the payment
- The amount of the second part of the Individual Fee due in respect of the case
- The deadline to make the payment, and
- Method of payment
- Some other important notes
It is a simple payment to WIPO. No submission of form, letter or any other document is required.
Write a comment