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Cost Estimate: Japan Trademark Office Action Response (2026 Update)

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Foreign counsel typically need to provide their clients with a cost estimate before engaging Japanese local counsel. This article presents EVORIX's 2026 fee ranges for JPO trademark Office Action and Provisional Refusal responses, broken down by case complexity. All fees are in JPY and exclusive of consumption tax (10%) unless otherwise stated.

1. Initial Assessment — No Charge

EVORIX provides a free initial assessment within 3-5 business days of receiving the Provisional Refusal. The assessment includes:

  • Substantive analysis of each cited ground
  • Recommended response strategy
  • Success-probability commentary
  • Fixed-fee quote for the response itself
  • JPO official fee estimate (translated to JPY at current rate)

No engagement letter or POA required for the assessment.

2. Professional Fee Ranges by Complexity

Service Fee Range (JPY)
Argument only — single ground, no evidence 80,000 – 120,000
Argument + Amendment (specification restriction) 100,000 – 150,000
Argument with Evidence (acquired distinctiveness, well-known status) 150,000 – 250,000+
Letter of Consent drafting & filing 80,000 – 150,000
Multi-ground response premium (per additional ground) +30,000 / ground
Hourly rate (unpredictable matters) 30,000 / hr
Trial Board appeal (post-Decision of Refusal) 200,000 – 350,000
Non-use cancellation against cited mark 180,000 – 300,000

3. JPO Official Fees

JPO official fees are billed at cost, separate from professional fees:

  • Provisional Refusal response: No JPO official fee
  • Extension request: JPY 4,200 per extension
  • Trial Board appeal: JPY 55,000 + 15,000 per class
  • Non-use cancellation filing: JPY 56,000 + 15,000 per class

JPO official fees as of 2026; subject to revision by JPO. We confirm current rates at quote time.

4. What Drives Cost Variability

The most significant cost drivers are:

  1. Number of cited grounds. Multi-ground refusals require longer arguments.
  2. Number of cited prior marks. Each cited registration requires individual similarity analysis.
  3. Whether evidence is needed. Acquired distinctiveness and well-known status arguments require evidence collection, organization, and legal explanation.
  4. Letter of Consent negotiation. Cooperative counterparties resolve in days; uncooperative ones require extended exchange.
  5. Specification complexity. Wide specifications may require detailed restriction analysis.

5. Volume Discounts and Payment Terms

For foreign counsel with regular case flow:

  • Volume discount: 10-20% off published fees for 5+ cases per quarter
  • Quarterly consolidated invoicing: Available on request
  • Payment terms: Standard Net 30. Wire transfer in JPY accepted.
  • Currency: Invoices in JPY. Foreign-currency conversion at quoted rate (locked at engagement).
  • Trust-account / IOLTA arrangements: Considered upon request

Frequently Asked Questions

Why do fee ranges vary so widely within a single category?
Within each category, complexity differs case to case. A single-ground argument-only response for a clearly distinctive mark falls at the low end; the same category for a marginal case requiring detailed similarity analysis falls at the high end. We always quote a fixed fee — never a range — once we have reviewed the specific Provisional Refusal.
Are there hidden costs we should anticipate?
Common items not in the base fee: (1) certified translation of supporting evidence into Japanese — typically JPY 5,000-15,000 per page; (2) third-party search reports or market surveys if needed; (3) overseas counsel coordination for Letter of Consent negotiations. We disclose all anticipated additional costs at the quote stage.
Do you charge for status updates or short consultations?
Routine status updates (when JPO issues a communication, completion of a milestone) are no charge. Consultations on follow-up strategy, watch reports, or unrelated matters are billed at the hourly rate, with prior agreement on the time budget.

FOR FOREIGN COUNSEL

Need to respond to a JPO Provisional Refusal?

EVORIX provides specialized JPO Office Action response services for foreign counsel. Free assessment + fixed quote within 3-5 business days.