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Japan - Trademark Law Amended

The Japanese Trademark Law was amended on May 14, 1999, with effect from January 1, 2000. The principal amendments are summarized below.

1) Trademark applications will be published for non-opposition purposes before examination.

2) The previous system did not permit compensation to be awarded against a third party for use of a conflicting mark during the time the plaintiff's mark was still the subject of a pending application. Under the amended law, after a mark proceeds to registration, the plaintiff may seek damages against a third party's infringing use of a mark during the pendency of the plaintiff's application. The amount of the monetary claim would be equivalent to the commercial loss caused by the other party's use of the mark from the date of filing of the plaintiff's application.

3) Under the previous practice, it was not possible to amend the goods/services after a decision of registration had been issued. The amended law permits the number of classes in a trademark application to be reduced at the time of payment of the registration fee.

4) Fines for infringement of registered trademarks have been increased to one hundred million yen.

Japan has also to adhered to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks with effect from March 14, 2000.


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