Welcome to APEX Patent Solutions.
We are an international patent and trademark firm based in Japan, primarily assisting overseas businesses and entrepreneurs who wish to protect their brands in the Japanese market.

One of the most common questions we receive is:
“Do I need a Japanese trademark attorney (Benrishi) to file a trademark in Japan?”
The answer depends on whether you have a legal presence in Japan. Below, we explain the requirements and why appointing a Benrishi is essential for most foreign applicants.

Who Can File a Trademark in Japan?

To apply for a trademark with the Japan Patent Office (JPO), you must be a natural person (individual) or a legal entity (company).

Foreign individuals and companies may apply if:

  • They have an address, residence, or office in Japan;
  • Their home country is a member of the Paris Convention or TRIPS Agreement; or
  • Their country has a bilateral or reciprocal agreement with Japan.

Most applicants from the United States, United Kingdom, Singapore, and the EU meet these requirements.

When Is a Japanese Trademark Attorney (Benrishi) Required?

If you do not have an address or office in Japan, the law requires you to appoint a Benrishi (a registered Japanese patent/trademark attorney).

Without a Benrishi, you cannot:

  • File a new trademark application,
  • Respond to JPO office actions (OAs) or refusals,
  • File appeals, oppositions, or cancellations.

The JPO will not communicate directly with foreign applicants lacking a Japanese address.

Role of a Benrishi in Trademark Filings

A Benrishi can:

  • File and manage applications at the JPO,
  • Translate goods/services correctly into Nice Classification terms,
  • Handle office actions and provisional refusals,
  • Manage renewals and recordals,
  • Represent you in oppositions, appeals, and trials.

This avoids unnecessary refusals and ensures smooth communication with the JPO.

Direct Filing vs. Madrid Protocol

  • Direct filing in Japan → A Benrishi is required from the start if you lack a Japanese address.
  • Madrid Protocol designation of Japan → A Benrishi is only required if the JPO issues a provisional refusal.

Key Takeaway

Yes, in most cases, foreign companies and individuals need a Japanese trademark attorney (Benrishi) to file or maintain trademark rights in Japan.

Even though foreigners can legally own trademark rights, practical procedures require a local representative. Engaging a Benrishi ensures compliance with Japanese law and smooth progress of your application.

If you are considering filing a trademark in Japan, we would be glad to assist.
Contact us today for a free estimate and expert guidance from our experienced trademark attorneys.