Trademark Act Article 68-30: Individual Fees for Trademark Rights Based on International Registration

Under the provisions of the Protocol, if a declaration under Article 8(7) of the Protocol is made, the office of each country may collect individual fees. Japan collects fees to cover administrative costs by making a declaration under Article 8(7) of the Protocol.

These individual fees include the application fee for a trademark registration application (Article 68-30, Paragraph 1, Item 1 of the Trademark Act) and the registration fee for the establishment of a trademark registration application (Article 68-30, Paragraph 1, Item 2 of the Trademark Act). Although the individual fees themselves are collected by the International Bureau and paid to Japan, they constitute revenue for Japan, so provisions are established under the Trademark Act.

In Article 68-30, Paragraph 1, Items 1 and 2 of the Trademark Act, there is a provision for an "amount equivalent to," which takes into account exchange rate fluctuations in remittances from the International Bureau to Japan.

Individual fees can be paid in installments (Article 68-30, Paragraph 2). Specifically, the application fee is paid before international registration, and the registration fee is paid within a period specified by Ordinance of the Ministry of Economy, Trade and Industry.

The deadline for payment of the registration fee is notified to the International Bureau when a decision of registration or a trial decision of registration is made regarding an international trademark registration application (Article 68-30, Paragraph 3). Therefore, in the case of installment payments, the registration fee portion of the individual fees for an international trademark registration application only needs to be paid if the application is granted a decision of registration within Japan (the same as for domestic applications).

When an international registration is cancelled, the international registration application is deemed to have been withdrawn (Article 68-30, Paragraph 4).

・Trademark Act Article 68-30

(Individual Fees for Trademark Rights Based on International Registration)
Article 68-30: A person who intends to obtain registration of the establishment of a trademark right based on an international registration must pay to the International Bureau, as an individual fee prescribed in Article 8(7)(a) of the Protocol (hereinafter referred to as "individual fee"), the following amounts for each case:
1. An amount equivalent to 2,700 yen plus 8,600 yen for each class
2. An amount equivalent to 28,200 yen multiplied by the number of classes
2. The individual fee for the amount listed in Item 1 of the preceding paragraph must be paid before international registration, and the individual fee for the amount listed in Item 2 must be paid within the period specified by Ordinance of the Ministry of Economy, Trade and Industry.
3. When a decision or trial decision to the effect that a trademark registration is to be granted has been made regarding an international trademark registration application, the Commissioner of the Japan Patent Office shall notify the International Bureau of the payment deadline for the amount listed in Paragraph 1, Item 2 pertaining to said application.
4. An international trademark registration application shall be deemed to have been withdrawn if the international registration on which it is based is cancelled due to non-payment of the individual fee in the amount listed in Paragraph 1, Item 2.
5. A person who renews the duration of a trademark right based on an international registration must pay to the International Bureau, as an individual fee, an amount equivalent to 38,800 yen multiplied by the number of classes for each case.
6. The provisions of Articles 40 through 43 and Article 76, Paragraph 2 (limited to the part listed in Appended Table Item 1) shall not apply to international trademark registration applications and trademark rights based on international registration.

#PatentAttorney #PatentAttorneyExam #PatentAttorneyExamStudy #IntellectualProperty #IntellectualPropertyLaw #TrademarkLaw
#DailyNote #Column #DailyUpdate #note #DailyPost #noteDailyUpdate #Daily #RecentLearning #DailyUpdateClub #ThoughtColumn #Creative #ProfessionalServices