Have one or any of the followings occurred?

• Trademark owner’s name and/or address have changed before or after the trademark registration in Japan,
• A Japanese trademark application or trademark right has been transferred or assigned to another entity or person, or
• A trademark owner has gone through a merger.

If any of the above have occurred, the change(s) must be promptly recorded with the Trademark Registry of the Japan Patent Office. It is important that the Japan Patent Office’s records remain accurate so that the public is put on notice as to the rightful owner of the trademark application or registration.

A transfer of a trademark application or right is the process by which ownership of a trademark application or right is passed from old owner (A) to new owner (B).

 A trademark application or right may be transferred for various reasons, including assignment, merger or inheritance from a deceased person.

It is important to be aware that change in ownership caused by assignment will take effect only when:

• as for a trademark application
  a notice of change in ownership is filed to the Japan Patent Office, and
• as for a trademark right
  it is recorded in the Trademark Register of the Japan Patent Office.

For this reason, when assignment agreement is concluded, such procedures as filing a notice of or recording ownership change should be arranged without delay.

If a transfer of a trademark application or right occurs due to merger, inheritance or any other general succession, it will take effect immediately at the time of merger, inheritance etc.

It is not irrelevant whether or not a notice of change in ownership of a trademark application is filed to the Japan Patent Office or transfer of a trademark right is recorded in the Trademark Register.

Nevertheless, a notice of ownership change or an application to register ownership change should be prepared and submitted without delay. Data of a trademark application and registration is available not only to its owners but also to the public. In order to avoid confusion, data must be kept new and accurate.

Official fees and supporting documents to be required by the Japan Patent Office for recording a transfer of a trademark application and right differ, depending upon the reasons etc. of a transfer.

If you need more detailed information on your particular case, please let us know, and we are happy to answer it at NO CHARGE.