Trademark Registrations Using the Consent System Are Increasing
―Trademark Registration Cases Using the Consent System―
◆ Outline
On April 7, 2025, the Japan Patent Office registered a trademark for the first time under the consent system launched in April 2024. Since then, an increasing number of trademarks applying to the consent system have been registered.
～ First trademark registration made under the consent system ～
◆ What is a Consent System?
Before the law was amended, trademarks that were identical or similar to prior trademarks were not allowed to be registered if they covered the identical or similar goods/services.
However, under the “Consent System,” which took effect on April 1, 2024, as part of an amendment to the Trademark Law, trademarks can now be registered in certain cases.
Under this system, registration is possible when:
- Consent has been obtained from the owner of the prior registered trademark; and
- There is no likelihood of confusion between the prior registered trademark and the applied-for trademark.
～ Other trademark registrations～
◆ Our comment
Currently, there are 29 registered trademarks to which the consent system has been applied (data extracted on January 27, 2026).
Before the law was amended, ｗhen arguments that a trademark was not similar to a prior trademark were not accepted, the only ways to overcome a refusal were measures that required considerable time and cost, such as filing a non-use cancellation action or using so-called assign-back arrangements.
However, with the introduction of the “Consent System,” the range of options for responding to a refusal based on a similar prior trademark is expected to expand.
While many countries have adopted the consent system, the specific requirements vary depending on the country. We will be watching closely to see how Japan’s consent system develops together with trends in future cases in which it is applied.
—
Written by Akiko Sekihara, Patent and Trademark Attorney, Trademark Group