On April 7, 2025, the Japan Patent Office (JPO) announced the first trademark registration approved under the newly introduced “Consent System,” following an amendment to the Trademark Act. This groundbreaking system allows the registration of identical or similar trademarks, provided two conditions are met: the prior trademark owner gives explicit consent, and there is no likelihood of consumer confusion. The first case approved under this system was the trademark “玻璃 (Hari)” submitted by Kuramoto Kurumata Shuzo, a sake brewery.
Background: What Is the Consent System?
Under Japan’s traditional trademark system, registering a new trademark that is identical or similar to an existing one was essentially prohibited—even if the business fields or product categories differed. This strict rule was based on the fundamental principle of “preventing confusion,” and on the surface, it served to protect consumers.
However, for startups and small businesses attempting to launch new brands, this often created a significant hurdle—commonly referred to as the “naming wall”—forcing them to avoid familiar words and imagery already in use.
To address this issue, the Trademark Act was revised in 2023, and the Consent System was officially implemented in April 2024.
Core of the System: “Consent” and “No Likelihood of Confusion”
The Consent System hinges on two main conditions:
- Explicit consent from the prior trademark owner
- A determination by the JPO that the trademark is unlikely to cause confusion among consumers
This means the evaluation is not based solely on mutual agreement between parties but also considers whether the mark could mislead consumers about the origin of goods or services.
The First Case: What the “Hari” Trademark Tells Us
The first approved case under this system involved the trademark “玻璃 (Hari)” for a sake product by Kurumata Shuzo. Although a company called Shaddy had previously registered the same name for its gift business, the differences in their respective business domains and clearly defined target audiences led the JPO to conclude that confusion was unlikely.
This case highlights a critical point: the coexistence of “smooth inter-company agreements” and “objective administrative judgment.” It shows that the system is not simply a relaxation of rules but a step toward supporting more flexible and practical trademark strategies.
Future Outlook
The JPO aims to use the Consent System to support more diverse brand strategies and encourage new business creation through better use of intellectual property. Similar systems already exist in the EU, South Korea, and Singapore, and this development is expected to promote greater harmonization in international trademark regulations.
Conclusion: Toward a Culture of Agreement in Intellectual Property
The Consent System marks more than just a legal reform—it introduces a culture of “dialogue” and “agreement” into the management of intellectual property. It offers new opportunities for companies seeking flexible trademark strategies and for players looking to explore paths of mutual growth and coexistence.
Trademarks are transforming from “barriers of rights” to “bridges of agreement”—and this is just the beginning.