Introduction
On April 7, 2025, the Japan Patent Office (JPO) announced the first-ever trademark registration made possible under the newly adopted “Consent System.”
This news could have significant implications, particularly for startups and small to medium-sized enterprises (SMEs).
The “Consent System” is a groundbreaking mechanism that allows trademark registration even in cases that were previously not permitted under traditional rules.
In this article, we will explore the system’s key features and examine its potential impact on business activities.
What Is the Consent System?
Under the traditional trademark law, trademarks that are identical or similar to already registered trademarks (prior-registered trademarks) were, in principle, not eligible for registration.
This rule aimed to prevent consumer confusion between brands.
However, with the introduction of the Consent System, if the holder of the prior-registered trademark gives their consent and there is no risk of confusion, similar trademarks can now be registered.
Why Is This System Drawing Attention?
What’s especially noteworthy is the flexibility this system offers for the brand strategies of SMEs and startups.
Many entrepreneurs have likely experienced the disappointment of coming up with a compelling product or service name, only to discover that a similar name was already trademarked—forcing them to reluctantly choose a different one.
With the Consent System, if a good relationship can be established with the holder of the prior trademark, it may become possible to register the desired name without alteration.
Toward a New Era of Cooperation and Coexistence?
If the system functions effectively, we may witness a shift from the traditional “friend or foe” style of exclusive trademark strategies to more cooperative and coexistence-based brand strategies.
Of course, trademark management is always closely tied to risk. Careless consent could lead to brand dilution, so legal and strategic business judgment will be more important than ever.
A Step Toward International Harmonization
In fact, the Consent System has already been implemented in many countries, including those in Europe and North America.
By introducing this mechanism, Japan aligns itself more closely with the global business environment, potentially facilitating smoother collaboration and market entry for international companies.
Conclusion
Changes in the trademark system go beyond mere legal amendments.
They reflect a shift in the philosophy of intellectual property—from simply “protecting a brand” to also “cultivating it and sharing it with others.”
How will the Consent System be used in practice, and what kinds of precedents and customs will emerge?
This is a topic worth following closely for anyone involved in branding.