{"id":4728,"date":"2024-04-02T10:20:26","date_gmt":"2024-04-02T10:20:26","guid":{"rendered":"https:\/\/affa.co.id\/global\/?p=4728"},"modified":"2024-12-06T11:53:29","modified_gmt":"2024-12-06T11:53:29","slug":"important-update-japan-adopts-letter-of-consent-for-trademark-registration","status":"publish","type":"post","link":"https:\/\/affa.co.id\/global\/2024\/04\/02\/important-update-japan-adopts-letter-of-consent-for-trademark-registration\/","title":{"rendered":"[Important Update] Japan Adopts Letter of Consent for Trademark Registration"},"content":{"rendered":"

The revised Japan Trademark Law will come into effect on April 1, 2024, introducing the \u201cLetter of Consent\u201d to overcome conflicts with earlier Trademark registrations.<\/span><\/p>\n

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However, the <\/span>Japan Patent Office (JPO)<\/b> recently announced that evidence must be provided in addition to a consent letter obtained from the earlier registrant when applying Article 4(4) of the Japan Trademark Law. This evidence must convince the JPO examiner that there is no likelihood of confusion between earlier and junior marks, not only at present but also in the future.<\/span><\/p>\n

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Article 4(4) of the Japan Trademark Law, which is newly introduced in April, states:<\/b><\/p>\n

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Trademark applications will not be rejected under Article 4(1)(xi) as long as the applicant obtains consent from the owner of the cited mark and it is unlikely to cause confusion with the cited owner or its exclusive or non-exclusive licensee when used on goods or services designated under the application.<\/span><\/i><\/p>\n

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Trademark Examination Guidelines for Article 4(4) Provides:<\/b><\/p>\n

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  1. The requirement of being \u2018unlikely to cause confusion\u2019 must be satisfied at the time of the JPO examiner\u2019s decision and in the future.<\/span>\n

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  2. To satisfy the requirement, the following factors will be assessed:
    \n<\/span><\/p>\n