JPO Publishes Q&A for “Letter of Consent” System and Seeking Public Comment [Japan Trademark & Design Update]

A bill to amend the Japan Trademark Act was enacted on June 14, 2023, and the revised law is due to take effect on April 1, 2024. The Japan Patent Office (“JPO”) recently published an overview of the newly introduced “Letter of Consent” system on its website (in Japanese), and is currently accepting public comments on the draft Examination Guidelines until January 24, 2024 (in Japanese). 

New Article 4(4) has been added as an exception to Article 4(1)(xi) to reject a trademark that is similar to a prior registered trademark. New Article 4(4) provides as follows:

Thus, under this newly introduced “Letter of Consent” system, the applicant will not only need to obtain a letter of consent from the owner of the prior registered trademark, but also prove that there is no likelihood of confusion now and into the future by submitting additional documents, etc.

The JPO has also published a Q&A on the general questions that are expected (in Japanese). Please refer to the following: