Non-Use Cancellation Trial in Japan

According to the Japan Patent Office Annual Report 2025,

• 1,088 cancellation trials were demanded in Japan in 2024, and
• about 80% of the trial decisions were in favor of the demanders, i.e. in about 80% of the cases, the trademark registrations were successfully cancelled.

Below is the cancellation trial data presented on the Japan Patent Office Annual Report 2025.

Cancellation trials include not only non-use cancellation trials but also the other types of cancellation trials.

Nevertheless, since the numbers of the other types of cancellation trials demanded each year are likely to be very few, the numbers and rates of non-use cancellation trials would also be about the same as below.

When you find conflicting trademark(s) in pre-filing trademark searches, or if you receive a notice of refusal grounds citing priorly-registered trademark(s), non-use cancellation trial would be one of the possible options that you think about, in order to resolve the conflicts with the prior trademark(s) and register your trademark in Japan.

It is known in Japan that there are a large number of registered trademarks that are not used or have never been used.

Even if registered trademarks are in use, they might be used only for some of the goods and/or services and NOT for ALL of the goods and/or services covered under the trademark registrations. 

If a registered trademark hasn't been used for the goods and/or services that are in conflict with your goods and/or services, non-use cancellation trial is rather an easy and straight-forward option in Japan.

What you have to do is to submit a simple request for trial to the Japan Patent Office.

In most cases, that is all demanders have to do. The burden of proof as to use of a registered trademark is on the demandee (trademark right holder).

In the majority of non-use cancellation trials, demandees (trademark right holders) submit NO response or evidence of use of their registered trademarks. And, trial proceedings will be concluded, after the time limit given to demandees for submitting their responses expires.

Then, all the demander did to successfully cancel the conflicting trademark is to submit the simple request for trial. No hearing will be held, and no submission of reply etc. is needed. 

Paragraph (1) of Articles 50 of the Trademark Law stipulates that:

Article 50 (1)

Where a registered trademark has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for cancellation of the trademark registration in connection with the relevant designated goods or designated services.

If the goods and/or services that you seek protection in Japan are only in conflict with some of the goods and/or services covered under the cited trademark registration, you don't have to cancel the entire trademark registration or the entire classes. You just need to cancel the goods and/or services that are identical with or similar to the goods and/or services, for which you would like to register your trademark.

Our fees for demanding a non-use cancellation trial are as follows.

Our service fees cover all of the following services:

• preparing and filing a request for cancellation trial to the Japan Patent Office, and
• forwarding a copy of any notifications and documents that we receive from the Japan Patent Office, along with their brief (not FULL) English translations and our comments, by email

If the trademark right holder submits evidence of use of their registered trademark, you will be given an oppotunity to submit a written opinion, if any.

Our service fees for submitting a written opinion is 50,000 JP yen (per submission). No govenment fee is needed.

Power of Attorney is required for demanding a non-use cancellation trial.