“JPO Status Report 2020” reveals more applicants make use of the “Accelerated Examination” in order to obtain an earlier trademark registration.
According to the latest report, the number of requests for accelerated examination in 2019 was 8,110, which increased by 54% than the previous year.
Accelerated Trademark Examination
The accelerated examination has enabled the shortening trademark examination period to 1.7 months on average. Being that it takes 7.9 months or longer for the JPO to notify the examination result at present, accelerated examination must be appealing to an applicant who wants their brand to be registered as early as possible.
The accelerated examination is available in three cases.
An applicant is in use of or likely to use an applied mark on more than one of the goods/services in the designation, and in urgent need of registration.
To meet an urgent need requirement, the applicant is required to demonstrate; (i) unauthorized third party uses an applied mark, (ii) any third party request a license to use the applied mark, (iii) any third-party demand applicant to cease use of the applied mark, or (iv) applicant filed the identical mark to a foreign country.
An applicant is in use of or likely to use an applied mark on every goods/service in the designation.
An applicant is in use of or likely to use an applied mark on more than one of goods/services in the designation, and the description of goods/services are all in conformity with that listed in the Examination guidelines for similar goods and services.
Besides, (v) where the applicant seeks to apply for international registration of trademark identical with the applied mark through the Madrid Protocol, it is also admitted meeting an urgent need requirement for Case 1.
Masaki MIKAMI, Attorney at IP LAW – Founder of MARKS IP LAW FIRM