Currently the Japan Patent Office (JPO) is reviewing the Accelerated Examination System Operation.
The Accelerated Examination System was introduced in September 1997 in response to the needs for the early acquisition of trademark rights or globalization of users’ business activities.
In Japan waiting time for an examination is about 6.9 months now (in 2007). However when the Accelerated Examination System is applicable, it is shortened to about 1.3 months (in 2007).
However the current Accelerated Examination System is not applicable unless an application meets the following two requirements.
(1) An applicant is already using an applied trademark or preparing to use an applied trademark to a respectable degree in respect of designated goods (services).
(2) There is an urgent need for an examination. More specifically, an application applies to any of the following cases.
(a) A third party has begun to use an applicant’s trademark without permission.
(b) A third party has warned against the use of an applied trademark.
(c) A third party has consented to the use of an applied trademark.
(d) An applicant has also filed an applied trademark overseas.
Therefore, the Accelerated Examination System was only applied to about 0.3% of the total trademark applications (in 2007) and the system is hardly utilized widely.
<Newly covered application>
This time the JPO is planning to review the Accelerated Examination System in order that it may also cover the following case.
An application is filed with respect only to designated goods (services), for which an applicant is already using an applied trademark or preparing to use an applied trademark to a respectable degree.
By this possible revision, an applicant will be able to apply for the Accelerated Examination System if it is proved that an applicant is already using an applied trademark or preparing to use an applied trademark to a respectable degree with respect to all of designated goods (services). Basically, in order to prove the use of a trademark, an applicant submits catalogues or brochures for designated goods (services) bearing an applied trademark.
Now the above-mentioned possible revision can be seen at “public comment” on the website of Japan Patent Office. If no objection is raised, it will be enforced soon.
