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The road to success in trademark accelerated examination: from application to utilization

Registering a trademark is an important step to protect your business. However, applying for accelerated examination is not straightforward. In this article, we will explain the important points of the trademark accelerated examination application process and how to effectively utilize the examination results, and will eliminate your doubts and concerns. Gain the knowledge to protect and strengthen the brand value of your business.

Article summary


This article introduces the application process for accelerated trademark examination and points for success. The key is to prepare the appropriate documents and accurately understand the basic requirements of the application. We explain the specific points for understanding the selection criteria for accelerated examination and meeting the eligibility conditions. It also provides a detailed explanation of the benefits of accelerated examination, such as quick acquisition of examination results, early confirmation of trademark rights, and the impact these have on business strategy. Use this knowledge to lay the foundation for protecting and strengthening your business' brand value.

Trademark accelerated examination application process


Basic requirements for application


There are some basic requirements for applying for trademark accelerated examination. First, the applicant must already be using the trademark or be reasonably well prepared to use it. This requires that there are specific plans for the trademark to appear on goods or services.
Another important requirement is that there is a sense of urgency in obtaining trademark rights. For example, this may occur if another company competing in the market is using a trademark similar to your applied trademark without permission, if you are currently applying for a trademark overseas, or if your trademark is scheduled to be used as a basic application for a MadPro application. Applies to.

Preparation of application documents


Application documents for trademark accelerated examination must be carefully prepared. Required documents include evidence of trademark use and documentation of urgency.
Evidence of use includes photos of goods and services on which the trademark is used, catalogs, advertising materials, etc. If you have not yet started using your trademark, it is also important to provide documentation that shows that you are preparing to use your trademark. These documents must clearly demonstrate that use of the trademark is concrete and actually in progress.
In addition, documents proving the urgency include documents showing the usage status by a third party, copies of foreign application documents, and an affidavit regarding the intention to apply for MadPro.

How to submit an application


Applications for accelerated trademark examination are submitted to the Japan Patent Office online or by mail. Online submission is recommended, using the online system specified by the Patent Office. Although it is possible to submit in writing, it generally takes time for the Patent Office to select candidates for accelerated examination. Whichever method you choose, it is important to ensure that the documents you submit are complete and contain all required information accurately.

Selection criteria and requirements for trademark accelerated examination


Understanding selection criteria

Understanding the selection criteria for trademark accelerated examination is an important key to a successful application. The Patent Office will evaluate the use of the trademark, the degree of urgency, and whether the application documents are complete. In particular, it is important to prove that the trademark is already or will be used on the market. Additionally, the factors that indicate urgency must be clear. This includes things like the competitive landscape in the market and plans for registering trademarks overseas.

Conditions for accelerated examination


A prerequisite for being eligible for accelerated examination is that the trademark has been used or preparations for use have been made to a considerable extent. It is necessary to prove that the applicant (or licensee) is using the applied trademark for the specified goods or services, or that preparations for use are in progress.
 If any of the following (1) to (3) apply, you will be eligible for accelerated examination.

(1) Cases in which the applied trademark is used for some designated goods or services, and the application requires urgent acquisition of rights for any of the goods or services.
(2) If the applied trademark is used for all designated goods and services
(3) For some designated goods and services, an applied trademark is used, and the trademark is listed in the Appendix of the Trademark Law Enforcement Regulations (related to Article XNUMX), the Similar Goods and Services Examination Standards, and the Goods and Services International When specifying only goods and services listed in one of the "Classification Tables (Nice Classification)"

*Urgent applications are those that fall under any of the following.

*Some new types of trademarks and three-dimensional trademarks, as well as Maduro applications with Japan as the designated country, will not be eligible for the time being.

Key points for success


Accurate and detailed document preparation is the key to a successful application for accelerated examination. It is important to comprehensively include evidence of trademark use and evidence of urgency in your application documents. It is also important that the application is clear and that the requirements can be easily understood by the patent office examiner. Sufficient preparation and accurate information provision pave the way to a successful early examination.

How to effectively utilize accelerated trademark examination


Early acquisition of examination results


The biggest advantage of using accelerated examination is that you can obtain examination results quickly. You will find out whether your trademark can be registered faster than the normal examination process. This allows you to quickly develop business plans and make market expansion decisions. Obtaining screening results early is directly linked to speedy implementation of business strategies and stronger competitiveness in the market.

Early confirmation of trademark rights


Early trademark examination enables early determination of trademark rights. This allows you to use your trademark with confidence and establish your brand value in the market. In addition, early determination of trademark rights reduces the risk of infringement by third parties and ensures legal protection.

Application to business strategy


Expedited trademark examination also plays an important role in business strategy. By securing trademark rights early, you can effectively promote new product launches and brand expansion strategies. In addition, early trademark protection increases legal safety in domestic and international market development, and strengthens business risk management.

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