Please describe how to obtain a trademark right in Japan. Are trademarks registered overseas protected in Japan?

In order to obtain a trademark right, you need to prepare an application in Japanese in accordance with a prescribed form and file it with the Director-General of the Patent Office. You cannot have your trademark protected in Japan by virtue of having obtained a trademark right concerning your trademark in another country.

1. You can obtain registration for a trademark used for goods or services related to your business. However you cannot register a trademark that do not enable consumers to recognize the goods or services as being connected with certain person's business such as common name of goods or services or a trademark which are customarily used in respect of the goods or services. Furthermore, you cannot register if a trademark that infringes on another person's trademark previously, another person's well-known mark, or a trademark that does not satisfy requirements stipulated by the Law such as trademarks liable to contravene public order or morality.
When an application for a trademark is made, an examiner examines these requirements.

2. A trademark registration was limited to plain items such as pictures, photographs and logos before. However, due to the amendment of the Law in 1996, three-dimensional items such as mascot dolls may also be applied for trademark registration.

3. You cannot have your trademark protected in Japan by virtue of having obtained a trademark right concerning your trademark in another country. Therefore, if you have an opportunity to import a product with a trademark registered overseas to Japan, you must file a trademark application in Japan in advance and secure the trademark right.
However, any national of a member nation under the Paris Convention may apply for a trademark to Japan by within six months from the date in the first country where it was filed by asserting conventional priority, as one filed in any country under the convention.
In addition, from March 14, 2000, entities in parties to the Madrid Protocol can apply for a trademark, which is already registered in their home country, internationally by way of authorities of the home country and then through the World Intellectual Property Organization (WIPO) (the number of parties to the Madrid Protocol now stands at the count of 67 as of October, 2005).

4. Customs confirms whether or not cargo to be imported infringes on intellectual property rights such as trademark rights. If the imported cargo appears to be infringing, procedures are taken in order to approve the presence of infringement of the relevant cargo. At that time, an opportunity to state opinions is given to both the rightful person and the importer by presenting evidence. Furthermore, special handling is provided by customs for cargo for which the trademark right holder filed a "submission of import prohibition information".