Check points when you respond to provisional refusal

When your client receives a notification of provisional refusal issued by the JPO,

you should check the following points as soon as possible.

1. Time limit for responding

The provisional refusal must be responded within three months from the date of pronouncement which is indicated at the bottom of the first page of the subject notification.

2. The grounds for refusal

Almost of all grounds of refusals, which are issued by the JPO, are Section 3(1), 4(1),

and/or 6(1) under the Japanese Trademark Act.  

I have simply explained these typical grounds at other pages.

Please click the above tab indicating each article to explain the ground.

3. Response to provisional refusal

• Amendment: If your client accept the proposed designated goods (services) by the Examiner, the grounds for refusal will be overcome and the trademark will be registered soon.  In this way, your client does not need to file its business plan.
• Written Opinion: If the grounds for refusal are not reasonable, your client file a written opinion to make the examiner admit unlikeliness to overcome the grounds.
• Trial for cancellation of registered trademark not in use: If the grounds for refusal are reasonable and the cited trademarks are not used, your client can file a trial to invalidate the cited trademarks to overcome the grounds. 

4.  Intermediary of a representative domiciled in Japan

Your client cannot directly contact the JPO regarding provisional refusal.

Your client has to responde to the grounds for refusal through an intermediary of a representative domiciled in Japan which is written on a notification of provisional refusal.

I can become an intermediary of a representative domiciled in Japan.

Please feel free to contact me, if you do not have a partner patent firm in Japan.