Trademark Applications Eligible for Accelerated Examination
In the case of patent applications, accelerated examinations are often requested by the Applicants. In the case of trademark applications, accelerated examination can also be requested when certain requirements are met. Of course, the requirements for accelerated examination of trademarks are much different from those for patent applications. Details of such requirements are shown below.
Trademark applications that fall under any of Cases (1) to (3) below are eligible for accelerated examinations. (For the time being, applications for non-traditional trademarks and international application (designating Japan) are not subject to accelerated examinations.)
(1) Applications in which the applicants (licensees) are already using, or have already prepared to a considerable extent to use, their filed trademarks for designated goods and/or services and who have an urgent need to acquire trademark rights.
(2) Applications designating only the goods and/or services on which the applicants (licensees) are already using their filed trademarks, or have prepared to a considerable extent to use their filed trademarks.
(3) Applications in which applicants (licensees) are already using, or have prepared to a considerable extent to use, their filed trademarks for designated goods and/or services and all designated goods and/or services are listed in the Examination Guidelines for Similar Goods and Services or in other publications.
Accelerated examinations can be requested not only for new trademark applications at the time of filing, but also for those applications which have already been filed. No official fees are required for filing a request for accelerated examination. Only patent attorney’s fees will be charged for filing the said request.
Changes in Number of Applications for which Accelerated Examinations Were Requested
(Source: “Outline of Accelerated Examinations and Accelerated Appeal Examinations
for Trademarks” from the web site of Japan Patent Office)