Japanese trademark law is mainly enacted by of 1959, while protection for unregistered trademarks is carried out by .
Under Japanese trademark law, only registered trademarks establish a trademark right (Article 18), and examination procedure is necessary for trademarks to be registered (Article 14). A person first to file an application may obtain the registration for a trademark over a prior user of the same trademark (Article 8).

Effects of trademark right

	Goods/services identical to it is	Goods/services similar to it is	Goods/services neither identical nor similar to it is
Use of mark identical to registered trademark for	Infringement of trademark right in terms of Trademark Act (Article 25 and 37(i))		Unfair competition in terms of Unfair Competition Prevention Act, if the registered trademark is well-known and the use is creating confusion, or if the registered trademark is famous (Article 2(1)(i) and (ii))
Use of mark similar to registered trademark for
use of mark neither identical nor similar to registered trademark for	Fair

	Goods/services identical to it is	Goods/services similar to it is	Goods/services neither identical nor similar to it is
Use of mark identical to unregistered trademark for	Unfair competition in terms of Unfair Competition Prevention Act, if the unregistered trademark is well-known and the use is creating confusion, or if the unregistered trademark is famous (Article 2(1)(i) and (ii))
Use of mark similar to unregistered trademark for
Use of mark neither identical nor similar to unregistered trademark for	Fair

English translation

Japanese government

Government of Japan

The government of Japan is a constitutional monarchy where the power of the Emperor is very limited. As a ceremonial figurehead, he is defined by the 1947 constitution as "the symbol of the state and of the unity of the people". Power is held chiefly by the Prime Minister of Japan and other elected...

 is now preparing an "unofficial" English translation of some fundamental statutes. The translation of the Unfair Competition Prevention Act is available, and the translation of the Trademark Act will soon become available, from the Cabinet Secretariat

Cabinet Secretariat

The Cabinet Secretariat is responsible for the administration of the Government of India. It functions from the Secretariat Building, New Delhi, where most of Cabinet of India sits...

's website http://www.cas.go.jp/jp/seisaku/hourei/data2.html.

External links

• Trademark Act of 1959 (in Japanese)
• Unfair Competition Prevention Act of 1993 (in Japanese)
• Procedures for obtaining a trademark right by the Japan Patent Office
  Japan Patent Office
  The Japan Patent Office is a Japanese governmental agency in charge of industrial property right affairs, under the Ministry of Economy, Trade and Industry...