Examination period for trademark registration application
The trademark examination period (the period from the application to the notification of the decision of registration or the reason for refusal) is as follows.
① Fast track examination: less than 6 months
② Normal examination: less than a year
③ Early examination: less than 2 months
① Fast track examination
The fast track examination is the (1) similar goods / services examination standards, (2) international classification table of goods / services designated by the JPO for the designated goods / designated services stated in the trademark registration application at the time of filing. Only for designated products and designated services listed in (Nice classification).
No special procedure is required.
Depending on the designated goods / designated services stated in the application for trademark registration at the time of filing, (1) fast track examination or (2) normal examination will be determined. ) Similar goods / services screening standards, (2) Limited to designated goods / services listed in the International Classification of Goods / Services (Nice Classification), they are not subject to fast track screening.
If a trademark registration application is subject to fast track examination, the examination result will be notified within 6 months from the application.
② Normal examination
(1) Applications other than (2) fast track examination and (3) accelerated examination will be examined in normal examination.
If the application for trademark registration at the time of filing describes the goods / services adopted in the examination or new products / services that have never existed before, the examination will be normal.
In the case of normal examination, the examination result will be notified within a year from the application.
③ Early examination
The subject of accelerated examination is when any of the following conditions i to iii are met, and when it is approved that accelerated examination will be carried out by submitting a statement of circumstances regarding accelerated examination to the JPO. is.
I) The applied trademark has already been used for all designated goods and services.
Ii) For some designated goods / services, the applied trademark has already been used, and the goods / services that have not been used are listed in (1) Similar goods / services examination criteria, (2) International classification table for goods / services (nice classification). Specify only the listed products and services
Iii) When the applied trademark has already been used for some designated goods / services and there is an urgent need for acquisition of rights (used by a third party, warning from a third party, etc.)
In order to undergo accelerated examination, it is necessary to use at least the designated goods and designated services described in the trademark registration application.
If you are subject to accelerated examination, you will be notified of the examination results within two months after submitting the explanation of circumstances regarding accelerated examination to the JPO.
If you submit a statement of circumstances regarding accelerated examination to the JPO at the same time as applying for product registration, you will be notified of the examination results within two months of the application.
summary
The examination period varies depending on the designated goods and designated services described in the trademark registration application.
Considering the examination period, we think that one method is to determine the designated goods and designated services to be described in the trademark registration application.
If you want to acquire a trademark right quickly
Limit the designated goods / services described in the trademark registration application to the goods / services actually used → Obtained the trademark right in less than two months after being subject to accelerated examination
In the designated goods / services described in the trademark registration application, (1) similar goods / services examination criteria, (2) only the goods / services listed in the international classification table (nice classification) of goods / services are described → Fast track examination Eligible and acquired trademark rights in less than 6 months
If you do not have to acquire the trademark right early
The designated goods / services described in the trademark registration application are listed regardless of (1) similar goods / services examination criteria, (2) goods / services international classification table (nice classification) → normal examination. Acquired trademark rights in less than a year
