Trademark Advice for Individuals and Small and Medium-sized Enterprises

 

Description of the early examination system

In the case of a trademark application for which it is necessary to obtain urgently a grant of right, it is possible to request the Japan Patent Office (JPO) to begin the examination process earlier than usual – provided that certain conditions are met. 

These conditions may be detailed as follows.

 

(1) The applicant or the licensee is currently using or is sufficiently advanced in his/her preparation to use the trademark related to the application in the designated goods and/or designated services, and the early registration of the application presents a character of urgency.

 * It is necessary to meet one of the following requirements in order to be able to state that the registration of the trademark application presents a character of urgency:

a) It has been made clear that, without the consent of the applicant, a third party is currently using or is sufficiently advanced in his/her preparation to use, in the same designated goods and/or services or in similar designated goods and/or services, the trademark related to the application or a trademark similar to the trademark related to the application

b) A warning from a third party regarding the use of the trademark related to the application has been received

c) A request for use of the trademark related to the application has been made by a third party

d) The applicant has filed an application for the trademark related to the present application with a patent office or a governmental body other than the JPO

 

(2) The applicant or the licensee is currently using or is sufficiently advanced in his/her preparation to use the trademark related to the application in all the designated goods and/or services of the application.

 * In the case that the designated goods and/or services of the application include goods and/or services in which the trademark is not being used or goods and/or services in which the level of preparation to use the trademark cannot be recognized as sufficient, it is necessary to file an amendment erasing the said designated goods and/or services before or at the time of filing the request for early examination.