The Fast-Track Examination System for Trademarks in Japan

I’d like to get my trademark registered quickly, but expedited examination needs a lot of work.
Is there an easier way to speed up registration?

Then why not use a fast-track examination?
Just select specific products and services, and you’ll have a shorter time to be examined.

In the following article, we explain;

• What is the fast-track examination system for trademarks?
• How to get a fast-track examination of your trademark
• What to look out for when requesting a fast-track examination of your trademark

Note: Fast-track examination will be suspended as of March 31, 2023.
The resumption date has not yet been determined.
Reference: JPO website

What is a trademark application examination?

Once a trademark application is filed, it is subject to examination.
Please refer to the following article for the entire trademark application process.

Why is a trademark application examined in the first place?

Once a trademark is registered, the trademark owner is granted exclusive rights to the trademark, which are effective throughout Japan.
Therefore, a decision must be made by a national agency as to whether or not the trademark is suitable for monopolization.
The JPO, a national agency, examines trademark applications to determine their suitability.

The examination is divided into the following two major categories

• Formal examination: to check whether the applicant is qualified to file the application, whether the trademark is suitable, and other formal aspects.
• Substantive Examination: Checks the substantive aspects of the trademark, such as whether or not it is acceptable to register.

On average, it takes about 9 months from the filing of an application to the completion of these two types of examination.

Fast Track Examination allows you to get your trademark examined faster!

What is Fast Track Examination?

Fast Track Examination is a system whereby applications that meet certain conditions are notified of examination results earlier than normal cases.
The first notice of examination result will be given approximately 6 months after the filing of the application (as of September 28, 2022).

This is not as long as a fast-track examination, but it does shorten the time to registration by about 3 months.

Benefits of undergoing fast-track screening

Applies automatically if you meet the requirements.

Like the Accelerated Examination System, the Fast Track Examination System allows an examination to begin earlier than with a regular application, but it is applied automatically once the conditions are met, so there are no additional fees or procedures required.

Can be used in combination with fast-track examination

Fast Track may be used in conjunction with Accelerated Examination.
Even if your application does not qualify for the Accelerated examination, if you are eligible for a fast-track examination, the time to register will be shorter than usual, which is a good deal.

How to obtain Fast Track Examination

To qualify for a fast-track review, the following conditions must be met. (as of September 28, 2022)

1. designate only the goods/services listed in the following documents

• Examination Guidelines for Similar Goods and Services
• Enforcement Regulations of the Trademark Law
• International Classification of Goods and Services (Nice Classification)

1. no amendment of the designated goods/services has been made by the time the examination is initiated
2. the trademark does not fall into any of the following categories

• new types of trademark
  • Trademark of color
  • Trademark of sound
  • Trademark of motion
  • A positional trademark
  • Hologram trademark
• Part of a 3D trademark
• Regional collective trademarks
• International Trademark Applications

All products and services that can be selected in Amazing DX are those listed in the “Examination Criteria for Similar Goods and Services”, so you can easily and automatically apply for a fast-track examination.
You can easily and automatically undergo a fast-track examination by selecting your products in Amazing DX.

Points to keep in mind when applying for a fast-track review

Well, that’s handy that it automatically speeds up the review process!
But are there any disadvantages?

You cannot freely choose the designated goods and services.

For example, if you have developed a completely new product, it may not be listed in the “Examination Guidelines for Similar Goods and Services.

For a completely new product, the patent office has to decide “which category it fits into,” so that means it needs to be examined carefully.

In such cases;

• Option 1: to find a similar product to undergo a fast-track examination in order to obtain rights early.
• Option 2: Or, do you want to undergo a regular examination to ensure that you will receive the rights.

It is advisable to make a careful decision on the following.

The designated goods/services must be accurately described.

If the goods/services to be designated are incorrect even by a single letter, you will not be eligible for a fast-track examination.

Fast-track examination does not always result in early registration.

The fast-track examination only shortens the “time until the first notification of the examination result”.
If any problems are found during the examination, such as “there was a prior trademark registration,” the time until registration may be longer.

*Before filing a trademark application, you can reduce the possibility of problems being found by conducting a search before filing the application.

Where can I check the examination status?

The JPO will not notify you if your application is subject to a fast-track examination.
But you may be wondering if your application is being examined fast.

You can check the current examination status by accessing the J-PlatPat site and searching by application number.

File a trademark application with Amazing DX and get your trademark registered quickly!

All products and services that can be selected on Amazing DX are listed in the “Examination Criteria for Similar Goods and Services”.
All products and services that can be selected in Amazing DX are listed in the “Examination Criteria for Similar Goods and Services”, so you can easily and automatically go through the fast-track examination process!

In addition, you can search for trademarks in advance to see if there are any prior trademarks, reducing the likelihood of problems being found during the examination!

I see, Amazing DX would be a speedy and reasonable way to register a trademark!
Let’s quickly search for the trademark we’re interested in.

JPO page for reference.

• Overview of Fast Track Examination (for beginners)
• Q&A on Fast Track Examination