At present, applicant will wait at least 12 months from when trademark is filed until it becomes registered by the Japan Patent Office (JPO).
Accelerated Trademark Examination
To meet a need of earlier registration, JPO has introduced “Accelerated Trademark Examination” which enables trademark application to be registered in two or three months.
However, since it requires applicant to demonstrate actual use of applied mark on at least one of designated goods and services, if applicant has yet to use the mark, such applications have no way but to be in a long queue for JPO examination.
Fast Track Trademark Examination
Newly introduced “Fast Track Trademark Examination” provides an option to achieve earlier registration for non-use trademark owners. According to announcement from JPO, the Fast Track Examination shortens trademark examination period to 6 (six) months on average.
If trademark application meets with following conditions, your trademark will be freely on the fast track without request.
- Good and services initially designated under the application are all listed on 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
- No amendment has been made with respect to goods and services by the time JPO commences examination; and
- Applied mark does not belong to non-traditional trademark, international applications under the Madrid system, or partial 3D (three dimensional) mark.
JPO adopts the Fast Track Examination to trademark application filed on or after February 1, 2020.
Further information is available from here.
Masaki MIKAMI, Attorney at IP LAW – Founder of MARKS IP LAW FIRM