United States of America
3. Please explain whether Section 5 of the Japanese Trademark Law provides for the acceptance of applications to register a trademark based on an intent to use the mark pursuant to TRIPS Article 15.3. Please explain the requirements and conditions that are placed on parties wishing to register and maintain registration of a mark based on an intent to use the mark.
Article 3(1) of the Japanese Trademark Law provides that any person may obtain a registration for a trademark to be used with respect to goods or services in connection with his/her business. Accordingly, a trademark may be registered not only in the case of actual use but also in the case of intent to use and no particular requirements or conditions are imposed on the registration of a trademark applied based on intent to use. A registered trademark which has not been used for an uninterrupted period of three years may be subject to an appeal for cancellation. If such an appeal is requested, the registration may be cancelled unless there are due grounds for non-use (Article 50).