The Revised Accelerated Examination System for Trademarks came into effect on February 1, 2009.
In our “What’s New” posting on August 6, 2008*, we reported that the JPO was considering revising the Accelerated Examination System for Trademark to make it applicable to more applications.
As we mentioned last August, it usually takes about six (6) months to twelve (12) months to receive a first action from the JPO. To expedite the examination, the applicant has been able to request Accelerated Examination since 1997. However, only applications that meet strict requirements were allowed to use the system. Under the revised system that came into effect on February 1, 2009, it is now possible for the applicant to use the system when the applicant or the licensee is actually using (or about to use) the mark for the designated goods or the designated services.
To meet this new requirement, the applicant must prove actual use (or intent to use) for all the goods or the services in the application. The applicant is required to file evidence such as pictures of the actual products showing the mark in use, brochures for products bearing the mark or the like, to prove the mark is actually being used in Japan.
If the applicant is not using the mark for some of the goods or services in the application, the applicant can limit the goods or services by an amendment to meet the requirement after filing the application.
This system will shorten the time that the applicant has to wait before receiving the first action from the JPO to three (3) to four (4) months.
Please refer to our previous topic
(http://www.soei.com/english/whats_new/wnew08_08_06.html)
for more detail.