Trademark Act (Shōhyōhō)

The Trademark Act (Shōhyōhō) governs the registration and protection of trademarks in Japan. Enacted in 1959, the Act establishes the requirements for trademark registration, the procedures for application and examination, the rights conferred by registration, and remedies for infringement. The Act was significantly amended in 1996 to introduce a non-traditional trademark system, allowing registration of colours, sounds, and other non-traditional marks. Trademarks are registered by the Japan Patent Office.

Legal area: Law governing patents, copyrights, trademarks, and other intellectual creations.

Year enacted: 1959

Full text: https://elaws.e-gov.go.jp/document?lawid=japan-trademark-act

Key Provisions

• Chapter I: General provisions (definition of trademark)
• Chapter II: Trademark registration (requirements, procedures)
• Chapter III: Rights conferred by registration (exclusive use, licensing)
• Chapter IV: Infringement and remedies
• Chapter V: Duration and renewal (10-year terms, renewable)
• Chapter VI: Non-traditional trademarks (colours, sounds, 3D shapes)

Significance

The Trademark Act provides strong protection for brand owners in Japan. The introduction of non-traditional trademarks expanded the scope of protection significantly. Japan participates in the Madrid Protocol for international trademark registration. The Act’s infringement provisions have been interpreted by courts to provide robust protection against trademark squatting and counterfeiting. The Tokyo District Court and High Court have developed sophisticated jurisprudence on trademark similarity and consumer confusion.