Fast Track Examination of Trademark
Overview
Fast Track Examination of Trademark is an examination operation where the first office action is issued in around 6 month from the filing date in respect of trademark applications meeting the prescribed conditions.
At present an examination of a trademark application takes around 12 months in average. However, for trademark applications which are subject to Fast Track Examination, examination results will be notified in around 6 months from the filing date as shown in the diagram below. That is, once Fast Track Examination is applicable to a trademark application, conducting an examination and notifying its results will be twice as fast as doing so in applications undergoing regular examination. (Nevertheless, the length of time may be adjusted according to the state of commencement of regular examinations for trademark applications.)
N.B. For the time being, this examination operation is conducted on a “Trial” basis. Full-scale introduction will be examined after verifying the operation status.
(Source: “Fast Track Examination” from the web site of Japan Patent Office)
Applications for Trademark Registration Which Shall be Subject to Fast Track Examination
Basically, trademark applications that satisfy both of the following requirements shall be subject to Fast Track Examination.
(1) An application for trademark registration in which only the goods or
services published in the
“Examination Guidelines for Similar Goods and Services”, “Regulation for
Enforcement of the Trademark Act” or “International Classification of Goods
and Services (Nice Classification)”; and
(2) An application for trademark registration with respect to which no amendment of the designated goods or designated services has been made until the commencement of the examination.
Even if both of the above requirements (1) and (2) are met, Fast Track Examination is NOT applicable to the following applications.
① Applications filed for New Types of Trademark (For details of New Types of Trademark, please see
here (“New Types of Trademark” in our web site.)
② International Applications under the Madrid system
③ Some three-dimensional trademarks (trademarks that represent the exterior or interior of stores, offices and facilities, or trademarks that require “Detailed Description of Trademark”)
Procedure and Costs
To make Fast Track Examination applicable, it is not necessary to make any separate request. An application for trademark registration which satisfies the above requirements (1) and (2) shall automatically be subject to Fast Track Examination. No fees will be required other than those applicable to regular applications.
Difference between Fast Track Examination and Accelerated Examination
Another way to obtain examination results earlier than regular applications is to rely on Accelerated Examination System. In the case of the Accelerated Examination System, a separate request has to be filed in order to make this system applicable. Accelerated Examination is more advantageous than the Fast Track Examination in that the applicant can receive examination results in around 2 months from the date of filing the request for Accelerated Examination. However, to be eligible for Accelerated Examination, at least the applicant is required to have been using the trademark, or have been preparing to use the trademark to a significant extent, in respect of the designated goods (services). In addition, the applicant/application has to meet certain additional requirements. For details of the Accelerated Examination System, please see
here (“Trademark Applications Eligible for Accelerated Examination” in our web site).