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Who uses the Japanese trademark first? What are the rules?
1. Who was the first person to use the Japanese trademark? What are the rules? According to Article 32 1 of Japan's current Trademark Law, the prior use of a trademark produces a kind of "prior right to use a trademark" or "prior right to use a trademark" in the sense of the claims. Indeed, on the surface, Japan's current trademark law stipulates the prior use of trademarks in the first section of Chapter IV, which seems to create a "prior use right" for the prior users of trademarks. However, the current legislative mode of Article 32 of the Japanese Trademark Law (1) is only "consistent with the defense of patent priority in the provision system". Almost at the implementation stage of Article 9 of the Japanese Trademark Law (192 1), the mainstream opinion in Japan is that the prior use of trademarks is only a factual relationship and does not produce a right relationship. At present, no one in Japan, whether in the academic field or the judicial field, thinks that the prior use of a trademark stipulated in Article 32 1 of the current Japanese Trademark Law is not a defense to the infringement accusation of the registered trademark owner. In view of this, according to the provisions of Article 32 (1) of Japan's current Trademark Law, it is not convincing to think that the prior use of a trademark has a positive claim on the prior user. 2. Introduction of Japanese trademark registration: 1. Materials required to submit a Japanese trademark application: (1) trademarks and descriptions of goods and services; (2) The full name and non-abbreviated name and address of the Japanese trademark applicant; (3) the application number and date of any priority application; You can select multiple classes in an application. If the first application is submitted within the past six months, you can apply for priority. A certified copy of the priority application must be submitted within three months after the date of submission in Japan. No power of attorney is required unless you appeal or object later. 2. Description of Goods and/or Services The Japanese Patent Office (JPO) published a list of "acceptable descriptions of goods and services" and strictly followed the list. Even descriptions of goods and services that meet NCL international standards are often opposed in Japan. Therefore, acceptable JPO descriptions should be used as much as possible. If the actual goods or services do not meet the acceptable specifications of JPO, the goods or services should be listed in particular and described in detail, including documents such as manuals or website printouts, so that inspectors can clearly understand the goods or services. In the process of prosecution, the applicant may restrict the description of goods or services in a narrower sense, but cannot expand the description or transfer the description to different goods or services. In view of this, it is suggested to include a broad identification of goods or services when submitting to support future restrictions, especially when the actual goods or services do not meet the acceptable description of JPO. 3. Intention to use a trademark The intention to use a trademark is enough to register the trademark. In Japan, every international course is further subdivided into subcategories. If the goods or services are selected from more than seven subcategories of an international category, JPO requires proof of the applicant's intention to use the trademark. Trademarks are the main basis for enterprises to publicize and spread, and Japan stipulates that trademarks should be registered before being used. Legally protect the legitimate rights and interests of such commercial registered trademarks, and the registration of related trademarks needs to comply with the relevant provisions of Japanese registered trademarks, and apply for related trademarks according to procedures.