ホーム > English > Q46. Is there any difference between a case where Japan is designated in an international application under the Madrid Protocol and another case where a domestic application for trademark registration is filed with the JPO?

Q46. Is there any difference between a case where Japan is designated in an international application under the Madrid Protocol and another case where a domestic application for trademark registration is filed with the JPO?

Q46. Is there any difference between a case where Japan is designated in an international application under the Madrid Protocol and another case where a domestic application for trademark registration is filed with the JPO?

A46. A request for territorial extension to designate Japan under the Madrid Protocol shall be deemed to be a domestic application for a trademark registration filed on the international registration date or the date of subsequent designation. Thus, the international application is examined in a manner similar to that of the domestic trademark application. However, there are some exceptions. For example:
(1)Filing a divisional application derived from the international application is not allowed (Trademark Law Art. 68-12).
(2)Any amendment to the designated goods or services in the international application may be made only during a specifically designated time frame (Trademark Law Art. 68-28), i.e., 3 months from the date of pronouncement indicated in the Notification of Provisional Refusal;
(3)The designated goods or services in the international application cannot be transferred to another class by an amendment; and
(4)The individual fee should be paid to the WIPO after decision to grant in order to obtain protection in Japan.