Do I Need a Japanese Trademark to Sell in Japan?

If you are planning to enter the Japanese market, you may be wondering whether you need to register your trademark in Japan before selling your products or services.

What if your trademark is already registered in your home country? What if you plan to sell through an online marketplace such as Amazon.co.jp?

The short answer is no. Trademark registration in Japan is not generally a legal requirement for selling products or services in Japan.

However, if you intend to build a long-term business in Japan and develop your brand, trademark registration is an important consideration that should not be overlooked.

You Can Sell Products in Japan Without Registering a Trademark

In Japan, businesses are generally not prohibited from selling products or services simply because they have not registered their trademarks.

For example, a foreign company may sell its branded products online to Japanese consumers without first obtaining a Japanese trademark registration.

However, this does not necessarily mean that the company is free to use its brand name in Japan.

If another party already owns a registered trademark that is identical or similar to your brand name for identical or similar goods or services, your use of that name may infringe their trademark rights.

In other words, these are two different questions:

• Can you sell products without registering a trademark?
• Can you legally use your brand name in Japan?

The answer to the first question is generally yes. The answer to the second requires an examination of existing trademark rights.

Depending on the type of products you sell, other Japanese laws may also require specific licenses, certifications, or labeling, independently of trademark registration.

A Trademark Registered Abroad Does Not Automatically Protect You in Japan

Trademark rights are generally territorial. They are established and enforced separately in each country or region.

For example, registering a trademark in the United States or the European Union does not, by itself, give you trademark rights in Japan.

To obtain trademark protection in Japan, you generally need to secure registration covering Japan.

This can be done through a direct application to the Japan Patent Office (JPO) or, where applicable, through an international registration designating Japan under the Madrid Protocol.

The important point is that trademark registration abroad and trademark protection in Japan must be considered separately.

Even if you have used your brand name for many years in another country, a third party may already own an identical or similar trademark in Japan.

If so, your ability to use that brand in the Japanese market may be restricted.

Japan Follows the First-to-File Principle

Japan’s trademark system generally follows the first-to-file principle.

This means that when competing applications concern identical or similar trademarks for identical or similar goods or services, priority is generally given to the earlier application.

For example, even if a foreign company has used a brand name in its home country for several years, another party may file an application for that name in Japan before the foreign company does.

If that third party obtains a trademark registration, the foreign company may face difficulties using its existing brand name in Japan.

Of course, Japanese trademark law includes provisions protecting certain well-known trademarks, preventing registrations made for improper purposes, and recognizing prior-use rights under specific conditions.

Therefore, filing first does not always guarantee registration or an enforceable right.

However, these protections are subject to legal requirements that may be difficult to satisfy.

Simply having used a brand name abroad before someone else filed in Japan does not automatically protect your right to use it in Japan.

If you have decided to enter the Japanese market, it is generally advisable to consider a trademark search and application before a third party files for a conflicting mark.

What About Selling on Amazon.co.jp or Other Online Marketplaces?

You do not necessarily need a Japanese trademark registration to sell products on Amazon.co.jp or other online marketplaces.

However, selling products and accessing additional brand-owner features are different matters.

For example, Amazon Brand Registry requires an eligible registered trademark or, in certain cases, a pending trademark application.

Brand Registry provides access to features such as branded storefronts, enhanced product descriptions, and tools for reporting suspected intellectual property infringement.

Depending on Amazon’s eligibility requirements, a trademark from another supported country may be used for Brand Registry enrollment. A Japanese trademark registration is therefore not always required for enrollment.

However, being enrolled in Amazon Brand Registry is not the same as owning trademark rights in Japan.

Using a foreign trademark to enroll in Amazon Brand Registry does not create trademark rights under Japanese law.

For this reason, you should consider separately whether you qualify for Amazon’s brand management features and whether your brand needs legal trademark protection in Japan.

When Should You Apply for a Trademark in Japan?

If your plans to enter the Japanese market are reasonably definite, we generally recommend conducting a trademark search and filing an application before you begin selling your products or services.

It is particularly important to investigate potential trademark conflicts before investing in product packaging, advertising, a Japanese-language website, or agreements with local distributors.

If a trademark problem is discovered after your business has launched, you may need to change your brand name, redesign packaging, or revise marketing materials.

Obtaining a Japanese trademark registration also takes time because applications must undergo examination by the JPO.

Keep in mind that filing an application does not immediately create a registered trademark right. Even after filing, you must consider the rights of parties who filed or registered earlier.

Therefore, filing before your launch is not enough by itself. The important first step is to assess potential conflicts through a trademark search before proceeding with an application.

In Japan, you do not generally need to be using your trademark at the time of filing. You can apply before launching your business if you have a genuine intention to use the mark.

However, an application may face objections if the required intention to use the trademark cannot be established.

Choosing Not to Register a Trademark in Japan

Although trademark registration can be important, we do not believe that every foreign business should automatically register its trademark in Japan.

For example, if you are only testing the Japanese market on a limited basis and have no plans for continued operations, the cost of trademark registration may not be justified.

Similarly, if you have not yet decided which brand name to use in Japan, it may be better to evaluate your naming options before rushing to file an application.

Trademark registration does not automatically generate business value simply because you have paid for it.

The value of a trademark right develops as you continue using your brand and building recognition, trust, and goodwill among your customers.

Therefore, the more important question is not simply whether to register a trademark, but how you intend to develop your brand in the Japanese market.

However, choosing not to register your trademark does not eliminate the risk of infringing someone else’s trademark rights.

A trademark search before entering the Japanese market can be valuable even if you ultimately decide not to file an application.

Is Your Brand Name Suitable for the Japanese Market?

There is one more question we encourage foreign businesses to consider before registering a trademark in Japan.

Will the brand name you use in your home country work equally well in the Japanese market?

For more information on this issue, please see our Japan Brand Fit Check service.

Conclusion: Trademark Registration Is Not Mandatory, but It Can Be an Important Investment in Your Brand

You do not generally need a Japanese trademark registration simply to sell products or services in Japan.

However, if you intend to use your brand over the long term and build recognition and goodwill among Japanese customers, trademark registration can play an important role.

In particular, having a trademark registration abroad or having used your brand for many years does not necessarily mean that your brand will receive the same protection in Japan.

If you are planning to enter the Japanese market, we recommend considering a trademark search and the need for registration before launching your business.

At Rights Plus Patent & Trademark Office, we assist overseas businesses with trademark searches and registration applications in Japan.

You can estimate the costs of registering your trademark in Japan using the fee calculator on our service page.

→ Trademark Registration in Japan — Services and Fee Calculator