Do I need a lawyer to file trademarks or patents in Japan?

Hello

1. Though I don't practice Intellectual Property in Japan, I am not aware that an applicant must be a lawyer to be eligible to file patent or trademark in Japan. Japan Patent Office (JPO) will only require you to fill the necessary forms. If your patent or trademark application is revoked and you appeal up to the Intellectual Property High Court in Japan, then you will need to get a lawyer involved. Generally though, I always advise individuals and business owners to get IP lawyers involved when registering trademarks and patents because of lawyers' experience in this area.

2. I don't speak Japanese, but I think the 2 words 'Gyoseishoshi' and 'Shihoshoshi' because the last 2 syllables are the same, both words sound alike. I think the trademark office would be concerned about the similarity. The Office might find that it is not distinct enough. I advise you don't limit your searches to exact matches. It is important to capture names that are similar but not identical as is the case with the 2 names you have provided above. This is exactly how Nestle won a trademark infringement case against a small business over the use of the word 'A-Sashi' for a product. Nestle had registered 'Musashi'. The court gave the case to Nestle even though the two names are not identical but similar. Here's a link to the case http://www.smh.com.au/small-business/managing/musashi-v-asashi-nestle-wins-trademark-battle-against-aussie-small-business-20160106-gm0ffy.html

Good luck!