JPO expanded the scope of the accelerated examination and accelerated appeal examination for the trademark applications.
May 19, 2017
As from February 6, 2017, Japan Patent Office has expanded the scope of the accelerated examination and accelerated appeal examination for the trademark applications. In concrete, the applicant can request an accelerated examination and accelerated appeal examination, in case when the applicant will file international application based on the Madrid Protocol, or when only designates only goods and/or services which are listed in the Table of the ordinance for Enforcement of the Trademark Act, or in the Examination Guidelines for Similar Goods and Services and so on.
Details are as follows.
1. When the applicant or the licensee is using or is considerably about to use the applied trademark as the designated goods and/or services, and there is an urgent need for acquiring a trademark right of the application.
“An urgent need for acquiring a trademark right of the application” is the case of one of the followings.
1.a) When it is clear that, without permission of the applicant or the licensee, the third party is using or is about to use the applied mark or the mark similar to the applied mark, for the use of the designated goods or services by the applicant or licensee, or goods or services similar to those designated ones and which are pertinent to the applicants or the licensee’s use or preparation of using.
2.b) When the applicant is cautioned regarding the use of the applied mark by the third party.
3.c) When the applicant is required by the third party to permit the use of the applied mark.
4.d) When the applicant files the applied mark with any patent office or government agency other than Japan Patent Office.
5.e) When the applicant will file the applied mark as a priority application for an international application based on the Madrid Protocol.
2. The application which designates the goods and/or services which the applicant or the licensee already uses or is considerably about to use.
3. The applicant or the licensee is now in use or preparing considerably the use of the applied trademark of the designated goods and/or the designated services and the application designates only goods and/or services which are listed in the Table of the ordinance for Enforcement of the Trademark Act, or in the Examination Guidelines of for Similar Goods and Services and so on.
Please note that these are not applied for new types of the trademarks (movement, holograms, color per se, sound and position).
Reference source
Web site of Ministry of Economy, Trade and Industry
As from February 6, 2017, Japan Patent Office has expanded the scope of the accelerated examination and accelerated appeal examination for the trademark applications. In concrete, the applicant can request an accelerated examination and accelerated appeal examination, in case when the applicant will file international application based on the Madrid Protocol, or when only designates only goods and/or services which are listed in the Table of the ordinance for Enforcement of the Trademark Act, or in the Examination Guidelines for Similar Goods and Services and so on.
Details are as follows.
1. When the applicant or the licensee is using or is considerably about to use the applied trademark as the designated goods and/or services, and there is an urgent need for acquiring a trademark right of the application.
“An urgent need for acquiring a trademark right of the application” is the case of one of the followings.
1.a) When it is clear that, without permission of the applicant or the licensee, the third party is using or is about to use the applied mark or the mark similar to the applied mark, for the use of the designated goods or services by the applicant or licensee, or goods or services similar to those designated ones and which are pertinent to the applicants or the licensee’s use or preparation of using.
2.b) When the applicant is cautioned regarding the use of the applied mark by the third party.
3.c) When the applicant is required by the third party to permit the use of the applied mark.
4.d) When the applicant files the applied mark with any patent office or government agency other than Japan Patent Office.
5.e) When the applicant will file the applied mark as a priority application for an international application based on the Madrid Protocol.
2. The application which designates the goods and/or services which the applicant or the licensee already uses or is considerably about to use.
3. The applicant or the licensee is now in use or preparing considerably the use of the applied trademark of the designated goods and/or the designated services and the application designates only goods and/or services which are listed in the Table of the ordinance for Enforcement of the Trademark Act, or in the Examination Guidelines of for Similar Goods and Services and so on.
Please note that these are not applied for new types of the trademarks (movement, holograms, color per se, sound and position).
Reference source
Web site of Ministry of Economy, Trade and Industry
“Scope of Applications for Trademark Registration Entitled to the Accelerated Examination and Accelerated Appeal Examination Systems to be Expanded”
Web site of Japan Patent Office
“Outline of the Accelerated Examination and Accelerated Appeal Examination Systems for Trademark Applications (in Japanese)”