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Effective date of amended Section 7 bis of Trademark Act (Regional Collective Trademarks)

As reported in our March 11, 2014 news, Trademark Act will be amended in several aspect.  The Cabinet approved an order specifying the effective date of amendment to Section 7 bis of Trademark Act, which is scheduled to enter into force on August 1, 2014.  Amended Section 7 bis expands the scope of eligible entities concerning the regional collective trademarks. 

Regional collective trademark system provides collective mark protection for so-called “regional brand”, combined marks of geographical name and product/service name such as CANADA PORK and PROSCIUTTO DI PARMA.  Before the current Section 7 bis was introduced to Trademark Act in 2006, such marks was regarded inherently indistinctive and it was not possible to obtain trademark registration without a figurative element or secondary meaning through use.

There are over 550 marks registered as regional collective trademark since the introduction of the system in 2006, most of which are registered to domestic entities.  There are currently three registrations registered to foreign entities, two of which are as mentioned above, and the other is ZHÈNJIĀNG XIĀNGCÙ in Chinese character (meaning Zhenjiang vinegar).

For more information on regional brand protection, please refer to brochure prepared by the JPO:
http://www.jpo.go.jp/sesaku_e/regional_brands.htm

According to the current Section 7 bis, those who are eligible to file a regional collective trademark application are:

Cooperative business association and any other association established by a special Act (those which do not have juridical personality are excluded, and limited to those which are established by a special Act providing, without a just cause, that the association shall not refuse the enrollment of any person who is eligible to become a member or that the association shall not impose on any of its prospective members any condition that is heavier than those imposed on its existing members) or a foreign juridical person equivalent thereto.

The amended Section 7 bis will expand the scope of eligible entities to:
- associations of commerce and industry;
- chambers of commerce and industry; and
- specified non-profit corporations.

The JPO is currently reviewing the examination guidelines regarding regional collective trademark and it is expected to be in force on August 1, 2014 as well.