Response Deadlines and Extensions for Trademark Office Actions in Japan — A Guide for Foreign Applicants
2026.07.31
Tatsuyuki TSUBO
When the Japan Patent Office (JPO) issues a trademark Office Action (Notice of Reasons for Refusal), the applicant must respond by a set deadline. Foreign applicants — that is, applicants who are not domiciled or resident in Japan — are given an initial response period of three months. The same three-month period applies to a notification of provisional refusal in an international application designating Japan under the Madrid Protocol.
This response period can be extended. At the examination stage, an extension is available without any specific reason, and a special feature of Japanese trademark practice allows two different types of extension to be combined. Together they can extend the deadline by up to three (1 + 2) months, giving a total response period of six months.
At the appeal stage, however, only one month of extension is available without any specific reason, and no extension is possible once the deadline has passed.
There is also one deadline that cannot be extended at all: the period for filing an appeal against a decision of refusal.
This guide explains the current rules on response periods and extensions for foreign applicants filing trademark applications in Japan.
- Initial response period:
3 months at both the examination stage and the appeal stage - Examination stage:
Extension before the deadline: 1 month, no reason required, JPY 2,100
Extension after the deadline: 2 months, no reason required, JPY 4,200
The two extensions can be combined → maximum response period of 6 months - Appeal stage:
Extension before the deadline: 1 month only, no reason required, JPY 2,100
→ maximum response period of 4 months
No extension after the deadline - The period for filing an appeal against a decision of refusal (rejection) is 3 months and cannot be extended, even for foreign applicants
1. Quick reference
The table below summarizes the rules on response period extensions for foreign applicants.
| Examination stage | Appeal stage | |
|---|---|---|
| Initial response period | 3 months | 3 months |
| Extension before the deadline | 1 month (1 request only) | 1 month (1 request only) |
| Valid reason | Not required | Not required |
| Extension after the deadline | Yes (2 months) | No |
| Can the two be combined? | Yes | — |
| Fee (before the deadline) | JPY 2,100 | JPY 2,100 |
| Fee (after the deadline) | JPY 4,200 | — |
| Maximum response period | 6 months | 4 months |
Quick reference: extension rules for foreign applicants (trademarks)
2. Response period for a trademark Office Action
When the JPO issues an Office Action, the applicant must respond within the period set by the examiner. For foreign applicants, the initial response period is three months in all of the following cases.
| Type of notice | Initial response period |
|---|---|
| Office Action at the examination stage (national trademark application) |
3 months* |
| Notification of provisional refusal (international application under the Madrid Protocol) |
3 months |
| Office Action at the appeal stage (after appeal against decision of refusal has been filed) |
3 months* |
Initial response periods for foreign applicants
Under Formality Examination Manual 04.10 (section 2(2)) and the Table of Main Time Limits in Manual 04.09, the three-month period is shortened to 40 days where the JPO considers that the local representative can prepare the document alone, without input from the applicant.
This shortening applies only to an Office Action on a national trademark application (at the examination stage and at the appeal stage alike). For a notification of provisional refusal in a Madrid Protocol application, the period is three months in every case and is not shortened on this ground.
In practice a written opinion normally requires the applicant’s instructions, so three months is the usual period. Even so, always check the length of the period stated on the notice rather than assuming three months.
3. Extension at the examination stage
+
1 month
+
2 months
+
3 months
(1 month + 2 months)
At the examination stage, no reason has to be given for an extension. The same rules apply to foreign applicants and to applicants based in Japan, and they also apply to a notification of provisional refusal in a Madrid Protocol application.
Extension before the deadline
At the examination stage, the response period may be extended without providing any reason. The extension structure is as follows:
- Extension given: 1 month
- Number of requests: one only
- Valid reason: Not required
- Fee: JPY 2,100
Extension after the deadline (Late-filing extension)
If the response deadline has been missed, a late-filing extension is still available at the examination stage.
- Filing window: within 2 months from the day after the response period ends
- Extension given: 2 months from the day after the response period ends
- Valid reason: Not required
- Fee: JPY 4,200
When a late-filing extension is not available
For notices dispatched on or after 1 January 2022, an extension after the deadline is not available in the following cases.
- A written opinion was filed within the original response period
- A written opinion was filed within the extended response period, where a one-month extension had been given
The rule refers only to a written opinion. An amendment does not have the same effect: if the applicant filed only an amendment within the response period, and no written opinion, an extension after the deadline is still available.
Comparing the three extension patterns
In Japanese trademark practice, an extension before the deadline and an extension after the deadline can be combined. This gives the applicant three possible patterns at the examination stage.
For most cases, the safer approach is to plan on a four-month response period (Pattern A) and treat Pattern C as a fallback if more time turns out to be unavoidable.
| Pattern A Before only |
Pattern B After only |
Pattern C Both combined |
|
|---|---|---|---|
| Initial period | 3 months | 3 months | 3 months |
| Before the deadline | +1 month | — | +1 month |
| After the deadline | — | +2 months | +2 months |
| Maximum response period | 4 months | 5 months | 6 months |
| Total fees | JPY 2,100 | JPY 4,200 | JPY 6,300 |
| Condition | — | No written opinion filed within the period | No written opinion filed within either the original or the extended period |
Three extension patterns at the examination stage
4. Extension at the appeal stage
+
1 month
(maximum)
Where an Office Action is issued after an appeal against a decision of refusal has been filed, the rules are stricter than at the examination stage.
- Extension given: 1 month (maximum)
- Valid reason: Not required
- Fee: JPY 2,100
- Extension after the deadline: not available
- Maximum response period: 4 months (3 months + 1 month)
Because no extension is available once the deadline has passed, deadline management at the appeal stage needs to be considerably tighter than at the examination stage. The practical maximum is four months, and there is no safety net beyond it.
(Reference) The period for filing an appeal cannot be extended
→
Cannot be extended
An appeal against a decision of refusal must be filed within three months from the day after the certified copy of the decision is served. This period is fixed by statute and cannot be extended. The JPO will not extend it on its own initiative either.
A relief provision does exist under Article 44(2) of the Trademark Act for cases where the deadline was missed for reasons beyond the applicant’s control. However, the requirements are strict, and it is not a substitute for ordinary deadline management.
5. Frequently asked questions
At the appeal stage, no extension is available after the deadline.
Please note that this article is based on the information available and the applicable laws and regulations in effect as of the date of publication. While every effort has been made to ensure the accuracy of the information provided, no guarantee is made as to its completeness or accuracy. We assume no liability whatsoever for any loss or damage arising out of or in connection with the contents of this article. This article is provided for general informational purposes only and does not constitute legal advice. Before taking any action in a specific case, we strongly recommend consulting a qualified professional, such as a patent attorney.
