Q21: When a company plans to expand its business in Japan, is it possible to use the same or a similar trade name?
ringo tax corporation
Japanese Certified Public Accountant ・Tax Accountant Hiroya Aihara
Ringo Tax Corporation
A: Rules regarding trade name registration: According to the Commercial Registration Law, a new registration is not permitted if another company has already registered the same trade name and the business office is located in the same place as that company's head office. Registration of the same trade name in the same location is prohibited under Article 27 of the Commercial Registration Law.
What constitutes the same trade name
This is when the trade name is identical to that of another company. Even if the notation of the trade name is the same, it is not considered the same trade name if there are differences, such as between kanji and hiragana, or Roman letters and katakana. Example: "Kabushiki Kaisha RICE" and "Kabushiki Kaisha ライス" (Rice in katakana), "Kabushiki Kaisha RICE" and "RICE Kabushiki Kaisha", "Kabushiki Kaisha RICE" and "Godo Kaisha RICE" are not considered the same trade name.
Definition of head office
The same head office refers to a situation where the head office is in a location that cannot be distinguished from another company's head office. It is not possible to have a head office in the same location as another already registered head office. Example: "2-5", "2 ban 5 go", "2 ban chi 5", "2-ban land no 5" are considered the same head office. These regulations are established to prevent confusion in society. However, registration of the same trade name or head office is possible if the company has completed liquidation.
