Foreign companies filing a trademark application in Japan must draft a clear goods/services specification and choose their correct classification that fits JPO practice. Getting the Japan trademark classes right at the outset reduces the risk of application refusals, controls costs, and strengthens enforceability.

This page oveviews the trademark classification in Japanese trademark system especially for foreign applicants who are not familiar with Japanese trademark system.

Overview

When filing a trademark application in Japan, you must specify the goods and/or services with which the trademark will be used. Under the Japanese trademark system, the application must list the relevant goods and services under each applicable class.

Japan follows the international classification system (Nice Classification) and if your trademark has already been filed in another country, you can generally use the same classes. In Japan, there are Classes 1 to 45, which are broadly divided into two groups :

  • Classes 1–34: Goods
  • Classes 35–45: Services

In Japan, multiple classes can be included in a single trademark application. However, please note that official fees must be paid to the Japan Patent Office (JPO) for filing and registration, and these fees increase in proportion to the number of classes.

In addition, if the application is not filed under the appropriate classes, it may be refused by an examiner of the Japan Patent Office (JPO). If you are unsure about the appropriate classification or are considering filing a trademark application in Japan, please feel free to contact our office.

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Classification System in Japan

Under the Japanese trademark system, trademark rights extend to goods and services that are identical or similar to those designated in your application. Therefore, it is essential to appropriately define the scope of your goods and services at the time of filing, based on the specific areas you wish to protect exclusively.

When filing an application, you must accurately define the goods and services and specify the corresponding classes in the application form (Article 6 of the Japanese Trademark Act).

It is important to note that providing incorrect classifications may lead to a refusal by the Japan Patent Office (JPO), potentially resulting in a waste of both time and financial resources.

Japan follows the Nice Classification, an international standard for the classification of goods and services. If you have already filed a trademark application abroad, you can generally use the same classification in Japan.

How Many Classes Should You File?

In Japan, it is possible to designate goods and services across multiple classes within a single application (Multi-class Application).

However, it is recommended to limit your selection to the classes you currently use or plan to use in the near future. Increasing the number of classes not only raises the official filing and registration fees but also increases the risk of receiving an Office Action (refusal) from the JPO. Furthermore, if a registered trademark is not used for a certain period, it may be vulnerable to a "Trial for Cancellation of Registered Trademark Based on Non-use" filed by a third party.

Please be aware that you cannot add new classes to an application once it has been filed. If you need to include additional classes later, a new application will be required. Therefore, careful selection of classes at the initial filing stage is crucial.

Examples of Proper Class Selection

Even when providing similar products or services, the appropriate class may differ depending on whether the target is a "good" (product) or a "service." Below are some common examples that can be confusing:

Retail and Wholesale Services

In Japan, retail and wholesale are treated as "services provided to customers." For example, "the provision of benefit to customers in the retail or wholesale of cosmetics, dentifrices, and soaps" falls under Class 35. If you also manufacture these products in Japan, you should consider adding Class 3 as well.

IT and Software

The design and maintenance of websites are services and fall under Class 42. On the other hand, if you sell downloadable software applications, you should also include Class 9.

Restaurants

The provision of food and drink is a service and falls under Class 43. However, if you sell pre-packaged "Bento" (lunch boxes) for takeout, you should also consider Class 30.

Beauty Services

Providing nail salon or beauty services falls under Class 44. If you also sell physical products like nail stickers, adding Class 3 is recommended.

Apparel

For selling apparel products through e-commerce, it is advisable to designate Class 35 for retail services and Class 25 for the clothing items themselves.

Education Services

Providing educational services falls under Class 41. If you also distribute or sell educational software or apps, you should designate Class 9 as well.

Summary

Like many other jurisdictions, Japan requires the selection of specific classes when filing a trademark application. Failure to select the appropriate classes may lead to refusal of registration or cancellation after registration. To avoid unnecessary costs and delays, it is vital to choose the correct classifications from the start.

If you are unsure about which classes to select or are considering a trademark application in Japan, please feel free to consult our office for professional assistance.

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