What you'll learn in this article
This article explains the three eligibility requirements for expedited trademark examination, application procedures and fees, evidence of use, examination period, ineligible applications, and points to note when using the service, based on the Japan Patent Office's current procedures after the October 2025 revision.
Even after filing a trademark registration application, trademark rights do not immediately arise. Trademark rights are established only after the Japan Patent Office has examined the application, granted a registration decision, and paid the registration fee.
When you're planning to announce a new product or service, open a new store, enter into a licensing agreement, or expand overseas, you may want to get the results of the trademark examination faster than usual. In such cases, you can consider the "expedited examination system" for trademarks.
The expedited examination system allows trademark registration applications that meet certain requirements to be examined faster than usual. However, being eligible for expedited examination does not guarantee registration. Registration requirements such as distinctiveness and similarity to prior trademarks will be judged in the same way as in a regular examination.
table of contents
What is expedited trademark examination?
The accelerated examination of trademarks is a system that allows trademark registration applications that meet certain requirements to be examined faster than usual by submitting a "Statement of Circumstances Regarding Accelerated Examination." It is commonly referred to as an "application for accelerated examination," but the official term used by the Japan Patent Office is "request for accelerated examination."
Requests for expedited examination can be made at the same time as the trademark registration application or after the application has been filed. Applications that have already been filed may also be eligible.
The difference between expedited review and expedited hearing.
Expedited examination is a system that speeds up the examination of trademark registration applications. The system that expedites the review process after an appeal has been filed following a rejection decision is called "expedited review."
Benefits, processing time, and costs of using the expedited review process.
This makes it easier to make business decisions early on.
Utilizing expedited examination makes it easier to obtain initial results regarding registrability before launching a product, opening a store, launching advertising campaigns, entering into licensing agreements, securing funding, or filing overseas applications. It is also worthwhile to consider early patent protection if unauthorized use by a third party is occurring.
On average, it takes about two months from application to the first review result.
According to the current guidelines from the Japan Patent Office, the average time from the application for expedited examination to the notification of the first examination result is approximately two months. The "first examination result" here includes not only the registration decision but also the notice of reasons for rejection. Therefore, this does not necessarily mean that registration will be completed within approximately two months from the application.
No application fee is required to the Japan Patent Office.
There are no fees payable to the Japan Patent Office for requesting expedited examination. There are also no fees for digitizing the statement of circumstances, even if submitted on paper. However, if you request a patent attorney or patent office to prepare the statement of circumstances and supporting documents, additional agent fees may apply.
Three requirements for expedited review
To utilize the expedited review process, you must meet one of the following criteria (1-3). This is based on the current operational procedures as of October 1, 2025.
Source: Japan Patent Office, "Overview of Accelerated Trademark Examination and Accelerated Trial" (as of July 27, 2026)
| 類型 | Requirements Overview | Practical points |
|---|---|---|
| Target 1 | The applicant or licensee is using the trademark in connection with some of the designated goods or services, and there is an urgent need to obtain the rights. | While it's not necessary to submit evidence of use for all designated items, an explanation and evidence of urgency are required. |
| Target 2 | The applicant specifies only the goods and services for which they use the trademark in question. | As a general rule, use or preparation for use must be indicated for all designated goods and services. |
| Target 3 | The designation is used in either the designated goods or designated services, and all designations are identical to those specified by the Japan Patent Office. | Consistency with the prescribed markings is crucial. Pay attention to differences in kanji characters, punctuation, etc. |
Target 1: Use, etc. + Urgency
This is a case where the applicant or licensee is already using the trademark in relation to some of the designated goods or services, or has made considerable progress in preparing to use it, and there is an urgent need for obtaining the rights.
Target 2: Specify only the goods and services you are using.
This applies to cases where the applicant designates only the goods and services for which they are currently using the trademark or are making significant progress in preparing to use it. In Category 2, it is necessary to verify the correspondence between the designated goods and services listed in the application and the actual usage status.
Item 3: Use etc. + only the display prescribed by the Japan Patent Office is specified.
This case involves the applicant using the trademark in relation to either the designated goods or services, and all designated goods and services are described identically to those listed in the Japan Patent Office's prescribed indications (Appendix to the Trademark Act Enforcement Regulations, Examination Guidelines for Similar Goods and Services, International Classification of Goods and Services (Nice Classification)).
The markings for item 3 must be in exact agreement with the markings specified by the Japan Patent Office.
If the display differs even slightly from the prescribed display, including kanji characters and punctuation, it will not fall under Category 3. Therefore, it is necessary to accurately check the display before filing or submitting the application.
What are "cases requiring urgent patenting"?
When using Subject 1, in addition to use or preparation for use, there must be an urgency regarding the acquisition of rights. Under current procedures, the following cases, for example, fall under this category.
- A third party is using the applied-for trademark or a trademark that may be similar thereto without permission.
- We have received a warning from a third party regarding the use of the applied-for trademark.
- Someone else is seeking permission to use my trademark application.
- Regarding the applied-for trademark, I have granted licenses for its use to others.
- The same trademark has been filed with a foreign patent office or intergovernmental organization.
- This application is intended to serve as the basis for an international registration application under the Madrid Protocol.
In addition to asserting the urgency of the situation, we will submit documents that objectively demonstrate the relevant circumstances, such as warning letters, licensing agreements, and foreign application documents.
Application process and explanation of circumstances for expedited review
To request expedited examination, you must submit a "Statement of Circumstances Regarding Expired Examination." The submitter must be the applicant or their representative, and can be submitted online using the internet application software or in paper form.
While you can submit it anytime after the trademark registration application date, the Japan Patent Office recommends submitting it at the same time as the application or as soon as possible afterward. Significant delays in submission may result in a later start to the examination process than usual.
Main items to include in the explanation of circumstances
| Items to be listed | Main contents |
|---|---|
| Event Description | Trademark registration application application number |
| Proposer | Name of applicant or agent |
| Explanation of usage | User, goods/services used, place of use, fact of use, or circumstances of preparation for use |
| Explanation of urgency | Specific circumstances when applying as a Category 1 applicant |
| List of submitted items | Evidence of use, documents demonstrating urgency, and other supporting documents. |
The statement of circumstances should include details about the user, the goods/services used, the location of use, and any documents proving use. If applying under Category 1, the urgency of the situation should also be described. While it is not mandatory to specify which of the three categories (Category 1-3) you are applying under, you should ensure that the required information can be determined from the submitted documents.
Documents required as evidence of use
The documentation demonstrating the use must objectively confirm the following three points:
| Checklist | Contents to be confirmed | Key points in the document |
|---|---|---|
| Trademark used | Is it identical to the trademark application? | Clearly indicate the trademark portion. |
| Goods and Services | Is it being used for the designated goods/services? | Make the product name, service details, and availability clear. |
| user | Are they applicants, licensees, etc.? | Shows seller/operator information and contractual relationships. |
Please underline, highlight, or use arrows to indicate the three points mentioned above, and submit clear, legible documents.
Documents showing the trademarks used and the goods/services.
- Photograph of a product bearing a trademark
- Photographs of items used in providing services bearing a trademark.
- External brochures or catalogs regarding products and services
- Screenshots of advertisements, websites, or social media posts.
Documents showing the user
- Photo of seller information printed on the product packaging
- "Notation based on the Act on Specified Commercial Transactions" on online shopping sites
- Website or social media operator information
- For use by licensees, a license agreement or similar document showing the licensing relationship is required.
When submitting supporting documents, it is crucial to underline, highlight, or use arrows to indicate the parts to be reviewed, and to ensure that the text is clearly legible. Even if you submit the documents, if the trademark, goods/services, and user cannot be clearly identified, your application may not be considered for expedited examination.
"Preparations for use are well underway" means
Simply deciding on a name internally or creating a design proposal may not be sufficient. For example, this could include situations where the company outsources the printing of brochures, catalogs, or advertisements featuring the trademark, and the external party accepts the order, or where an external press release is issued regarding the product or service.
Identity of the applied-for trademark and the trademark in use
For expedited examination, the applied-for trademark and the trademark being used or prepared for use must be identical. While slight differences may be considered identical even if they are not strictly identical in appearance, the criteria are judged relatively strictly for the sake of rapid and uniform selection.
Source: Japan Patent Office, "Q&A on Accelerated Trademark Examination," A-25 (as of July 27, 2026)
The criteria for non-use cancellation proceedings are not the same.
In expedited examination, the determination of trademark identity does not necessarily coincide with the scope of "trademarks considered identical according to common sense" in non-use cancellation trials. In expedited examination, the focus is primarily on trademarks that are visually very similar, with identical lettering and design elements.
Application process and selection results
| Stage | procedure | Message |
|---|---|---|
| 1 | Trademark registration application | Request for expedited examination at the time of application or after application. |
| 2 | Submission of a statement of circumstances and supporting documents | Explain the usage, the product/service, the user, and, if necessary, the urgency. |
| 3 | Selection of eligibility requirements | The Japan Patent Office will determine applicability based on the statement of circumstances and supporting documents. |
| 4 | Notification of review results | If selected, the average time from application to the first review result is approximately two months. |
Once a statement of circumstances is submitted, the Japan Patent Office (JPO) will determine whether to grant it an expedited examination based on the statement and supporting documents. If selected, the examination will proceed without waiting for the normal examination order.
If your application is deemed ineligible, you will receive a notification of the selection result stating the reasons. In this case, the trademark registration application itself has not been rejected, and it will be examined according to the normal examination procedure. You can also resubmit your application with additional supporting documents.
Please note that there is no procedure for withdrawing an application for expedited review. Even if you wish to revert to the regular review process after submitting an application, you cannot stop the selection process by withdrawing the application, so you need to confirm your policy before submitting it.
Applications that are not eligible for expedited examination
Under current procedures, the following applications are generally not eligible for expedited trademark examination.
- International trademark registration application designating Japan under the Madrid Protocol
- Motion trademarks, hologram trademarks, trademarks consisting solely of color, sound trademarks, position trademarks
- Some three-dimensional trademarks consist of the exterior or interior of stores, facilities, etc.
- Trademark registration application claiming application of the consent system
Furthermore, the practice of uniformly excluding trademark applications that include the names of others has been abolished. Applications filed on or after October 1, 2025, may be eligible for expedited examination if they meet the prescribed requirements.
The requirements differ from those for accelerated examination of patents and designs.
While there are accelerated examination systems for trademarks, patents, and designs, the eligibility requirements and necessary documents are not the same. For trademark applications, the basic condition is that the trademark has been used or that preparations for its use have progressed to a considerable extent.
Points to check before use
This is not a system that relaxes registration requirements.
The expedited examination system is a mechanism to speed up the examination process, not a system to relax the requirements for trademark registration. If the trademark is similar to a prior trademark or lacks distinctiveness, a notice of refusal may be issued, just as in the regular examination process.
Before deleting designated goods or services, verify the scope of rights.
To meet the requirements of Category 2 or Category 3, unused designated goods/services or designations that do not meet the prescribed indications may be deleted or limited. However, it is not possible to broaden the scope of rights by adding designated goods/services after filing the application. You will need to consider whether to prioritize expedited examination or maintain the scope of your future business.
The submitted documents will be made available for public viewing.
The statement of circumstances and supporting documents will, in principle, be available for public inspection. While you may consider masking trade secrets, you cannot conceal information necessary for determining the requirements, such as trademarks used, goods/services, and users.
Situations where expedited review is a good option
- The launch of a new product or service, or the opening of a new store, is imminent.
- We are planning a large-scale advertising and promotional campaign.
- Unauthorized use by third parties and warnings have been issued.
- We plan to expand through licensing or franchising.
- I plan to file a foreign application or a Madrid Protocol international application.
- We want to clarify the brand rights situation before making investments, loans, or M&A deals.
Summary
The expedited examination of trademarks is a system that allows trademark registration applications that meet certain requirements to receive the initial examination results sooner than usual. There is no application fee to the Japan Patent Office, but applicants must prepare documentation that objectively demonstrates the status of use or preparation for use of the trademark.
Furthermore, using the expedited examination service does not guarantee registration. Before submitting your application, it is important to confirm the identity of the trademark being applied for and the trademark in use, the description of the designated goods and services, the relationship with prior trademarks, and the content of the submitted evidence.
HARAKENZO WORLD PATENT & TRADEMARK provides comprehensive support for trademark registration applications, from confirming eligibility requirements for expedited examination to selecting evidence of use, preparing statements of circumstances, responding to rejection notices, and filing foreign trademark applications. If you wish to obtain trademark rights quickly, please consult with our patent attorneys.
Reference document
- Japan Patent Office: "Overview of Accelerated Trademark Examination and Accelerated Trial"
- Japan Patent Office "Q&A on Expedited Trademark Examination"
- Japan Patent Office: "Regarding the Revision of the Guidelines for Accelerated Examination and Accelerated Trial of Trademarks"
- Japan Patent Office Electronic Filing Software Support Site: "Explanation of Circumstances Regarding Expedited Examination (Trademark Registration Application)"
- INPIT: "How to expedite the examination of trademark registration applications"
Supervised by Patent Attorney Masanori Nose