How to respond to
a “Notification of Provisional Refusal”
issued by the JPO under the Madrid System
Under the Japanese Trademark Law,
owners of registered trademarks are not required to file proof of use regularly.
Thus, owners do not need to submit proof of use to the JPO usually.
If third parties provide the JPO with the information voluntarily,
it will be dismissed because there are no subject trial.
To overcome provisional refusal by abolishing the cited trademarks,
a trial based on non-use has to be filed with the JPO.
The owners, who are demanded with a trial, have to submit proof of use to the JPO.
Though the owners have not obviously used these trademarks until now,
they can exercise their trademark rights until they become void.
