Q&As

If a company proposes to launch a new product in Japan through a Japanese subsidiary and then to launch in other countries via other subsidiaries, can the parent company file the trade mark in Japan and then utilise the benefit of the Madrid Protocol? Would the Paris Convention provide better flexibility? What is the best solution to ensure that ownership remains with the parent company throughout the process?

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Produced in partnership with Robert Cumming of Appleyard Lee
Published on LexisPSL on 11/07/2017

The following IP Q&A produced in partnership with Robert Cumming of Appleyard Lee provides comprehensive and up to date legal information covering:

  • If a company proposes to launch a new product in Japan through a Japanese subsidiary and then to launch in other countries via other subsidiaries, can the parent company file the trade mark in Japan and then utilise the benefit of the Madrid Protocol? Would the Paris Convention provide better flexibility? What is the best solution to ensure that ownership remains with the parent company throughout the process?
  • The Madrid Protocol system
  • Paris Convention
  • National filings

If a company proposes to launch a new product in Japan through a Japanese subsidiary and then to launch in other countries via other subsidiaries, can the parent company file the trade mark in Japan and then utilise the benefit of the Madrid Protocol? Would the Paris Convention provide better flexibility? What is the best solution to ensure that ownership remains with the parent company throughout the process?

In answering this Q&A we have limited our research to cover the Madrid Protocol and the Paris Convention. We are unable to give advice on Japanese trade mark law.

The parent company can file the trade mark in Japan and utilise the benefit of the Madrid Protocol. For more information about the Madrid Protocol, see Practice Note: Madrid international trade mark system.

The Paris Convention applies

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