Complete trademark registration in as little as 2 months! Complete guide to “accelerated examination” [requirements, costs, benefits]

"The release date of a new product is approaching, but we may not be able to register the trademark in time."
"We want to hurry up and register the Amazon brand, but the normal examination takes too long."
"We want to secure the rights as soon as possible before other companies imitate them."

In today's world where the speed of business is accelerating, the "waiting time" required for trademark registration can become a major business risk. Normally, it takes more than half a year from filing a trademark application to registering it, and in many cases this time lag can be fatal.

In such cases, the system that should be utilized is "Accelerated Examination of Trademarks".

If you use this system correctly, it is possible to dramatically shorten the examination period, which normally takes several months to nearly a year, to an average of about two months (or as early as one month).
In this article, a patent attorney specializing in trademarks will thoroughly explain from an expert's perspective the mechanism of the accelerated examination system, the strict requirements for using it, the necessary costs, and "why you should hire a patent attorney."

1. What is accelerated trademark examination? Overwhelming speed difference from normal examination

First, let's take a look at how much time can be shortened by using accelerated examination and its effects.

Normal review period: approximately 8 to 10 months

The Japan Patent Office receives a huge number of trademark applications from all over Japan every day. As a general rule, examiners process these in the order in which they are received, so if you do nothing, it will take approximately 6 to 8 months on average to notify you of the results.
Furthermore, if you receive a "Notice of Reasons for Refusal" during the process, you will need to take counter-arguments, so it is not uncommon for it to take more than a year for the final registration.

When using accelerated examination: approximately 1.8 months to 2 months

On the other hand, if you apply for expedited examination and it is determined that the requirements are met, the examination order will be moved up as a priority.
As a result, the time from application to first review results is shortened to less than two months on average. Depending on the case, registration decisions may be made within one month of filing, making it possible to obtain rights three to four times faster than with regular examinations.

At the start-up stage of a business, this "several month difference" is directly connected to the advantage over competitors and the safety of brand development.

2. Three business benefits of using accelerated examination

In addition to simply receiving your registration certificate quickly, there are three major practical benefits for your business.

Advantage 1: Compatible with platforms such as Amazon brand registration

In recent years, "Amazon Brand Registration" has become mandatory for sales on e-commerce sites (especially Amazon). By registering, you will be able to customize product page details (A+ content), create a dedicated brand store, and use sponsored brand advertising.

Advantage 2: Early warning of counterfeit products and infringement by other companies

Once your product becomes a hit in the market, there is a risk that counterfeit products will soon appear.
If trademark rights are not "registered," it is difficult to make a legally effective request for an injunction or claim for damages. In the "pending" status, even if you send a warning letter to another company, it may be ignored as "they probably don't have the rights yet."

By obtaining rights quickly through accelerated examination, you will be ready to immediately take legal action against counterfeiters. Being able to exercise your rights is a powerful deterrent to your competitors.

Advantage 3: You can invest and advertise with confidence (avoiding sunk costs)

The worst-case scenario for a business is to apply for a trademark, but it is rejected six months later. If you decide to change the trademark name after you have already created the signboard, printed the packaging, and created the website, you will incur huge losses (sunk costs) such as replacing the signboard and recalling the product.

3. Are you eligible? “Requirements” for accelerated examination

Early examination is not available to everyone if they wish. The Japan Patent Office has established certain requirements in order to give priority to cases with "urgency" and "substance of business."
The main requirements for ease of use by small businesses and startups are as follows.

Requirement 1: [For small and medium-sized businesses/individual business owners] When used in "some" of designated products

This is the most accessible and powerful requirement.
If the applicant is a "small business" or "sole proprietor", accelerated examination will be granted if the trademark is used (or prepared to be used) in "at least one" of the designated goods or services.

Even if you applied for T-shirts and bags, but now you only sell T-shirts, you can use this requirement to receive an accelerated examination for all rights, including bags.

Requirement ②: When used in "all" of the specified products

This applies if the applicant is a large company.
Applicable if the applicant is already using the trademark (or is preparing to use it to a considerable extent) for "all" of the goods and services specified at the time of application.
This requirement cannot be met if even one product is included that you might use in the future. In that case, you will need to reduce (delete) the specified product.

Requirement ③: When there is "urgency"

This is a case where the applied trademark has already been used and there is an "urgency" as shown below.

• Used by a third party without permission: There is clearly another company copying your trademark.
• Received a warning: You have received a trademark infringement warning from another company, and you need to clarify the rights relationship.
• Overseas expansion: There are plans to apply for trademarks to foreign patent offices as well.

In particular, the requirement for "overseas expansion" is an easy-to-use requirement for companies doing business globally.

4. What is the "evidence" required for the application?

When applying for accelerated examination (submitting a statement of circumstances), the most important thing is "evidence proving the fact of use."
Just saying "I use it" will not be accepted; objective documentation must be submitted.
Specifically, the following materials will be accepted as evidence:

Brochure/Catalog/Flyer

Printed material that includes trademarks and products. It is preferable that there is a description of when it was created and when it was distributed.

Website printed materials (screenshots, etc.)

Currently, this is the most commonly submitted evidence. This is a printout of the sales page of your company's website, Rakuten, Amazon, etc.
However, it is not enough just to print the image.

If these requirements are not met, the evidence will be rejected. In particular, it is easy to forget the header and footer settings (display of URL and date) when printing in a browser, so be careful.

Transaction documents (delivery notes, invoices, receipts, etc.)

This is strong evidence that commercial transactions are actually taking place.
The trademark name must be clearly stated on the document. If only a "product code" or "model number" is listed, additional materials (such as a catalog) are required to link which product (trademark) the model number refers to.

Evidence of preparation (business plan, purchase order, etc.)

Even if the product has not yet started sales, it will be eligible for accelerated examination if it is recognized that the preparations for use have progressed to a considerable extent.
Specifically, this includes business plans with specific sales plans, pamphlet order forms to printing companies, and site production order forms to web production companies. It tends to be difficult to get recognition at the level of a mere internal memo.

5. Expedited examination costs

How much does it cost to use accelerated examination?

Stamp fee (public expense) to the patent office is "0 yen"

It may come as a surprise, but applying for accelerated examination of a trademark itself does not incur any additional fees (stamp fees) to the Patent Office.
You can apply with just the regular application fee. This is a nice point unique to trademarks, which is different from accelerated examination for patents (in the case of patents, search fees may be required depending on the situation).

Patent attorney fee

The fee to the Japan Patent Office is free, but if you request a patent attorney to handle the procedure, you will be charged a separate fee for preparing the "Explanation of Circumstances Regarding Accelerated Examination."
In order to receive accelerated examination, you must prepare and submit specialized documents in addition to the regular application documents. This document requires a legal explanation that the requirements are met, as well as the selection and attachment of appropriate evidence.

In general, in addition to the regular application fee, many offices charge an additional fee of about 20,000 to 50,000 yen.
However, considering the cost of buying several months' worth of time, the business return is well worth it.

6. Note the difference from "Fast Track Examination" (*Currently abolished.)

A similar term is "fast track examination." This is also a system that speeds up the examination, but it is clearly different from accelerated examination.

Fast track has the advantage of ``no need to apply'', but the effect of shortening the application period is limited.

7. Disadvantages and precautions for accelerated examination

Although early examination has many benefits, there are also some points to be aware of.

The range of rights may be narrower

When using "Requirement 2 (Use in all)", it may be necessary to delete (correct) unused products from the designated products.
Even if the product is planned for release in the future, if no evidence can be produced at this point, there may be cases where the product has no choice but to be removed from the scope of rights.
For products that you are not selling now, but would like to keep the rights for in the future, you need to make a strategic decision as to whether to file a separate regular application or give up on accelerated examination.

Response to reasons for rejection is also short

If you receive a "Notice of Reasons for Refusal" as a result of accelerated examination, the response deadline (deadline for submitting written opinion) may be set shorter than usual.
It is extremely difficult to respond without professional support, as it requires the prompt preparation of rebuttals and amendments.

8. Why should you hire a patent attorney?

Sometimes I am asked, "Can I do an accelerated examination myself?" The bottom line is, "It is possible, but we do not recommend it."
The reason lies in the balance between effort and risk.

Difficult to create documents

The "Statement of Circumstances" is not enough to simply write "I am in a hurry." It is necessary to legally explain which requirements apply and link appropriate evidence.
In particular, when submitting website evidence, it is necessary to follow detailed operational rules of the Japan Patent Office, such as how to write the URL and the clarity of images. If there are any deficiencies, a correction order will be issued, which will take more time.

Strategic selection of specified products

The most important thing to pass the accelerated examination is the consistency between the "designated goods/services" and the "evidence."
If you are a patent attorney, you can immediately make a judgment such as, ``This designated product is acceptable with this evidence, but it would be easier to pass if this is deleted,'' or ``This product will match the evidence if the wording is modified.''
In order to reduce unnecessary interactions and aim for registration through the shortest route, expert knowledge is essential.

Importance of prior investigation (clearance)

Expedited examination results in faster results, which means that if your application is rejected, the deadline for re-application or name change will be earlier.
That is why it is necessary to conduct a thorough investigation into the possibility of registration (earlier trademark investigation), asking, "Will this trademark pass?" before filing an application. Our patent attorneys provide total support for application strategies suitable for accelerated examination.

9. Frequently asked questions (FAQ)

Summary: Speed is value. If you are in a hurry, please consult a patent attorney

Expedited examination for trademark registration is an effective means to eliminate business uncertainty and achieve strong brand protection in a short period of time.

• An examination that normally takes more than six months can be shortened to about two months
• Immediately effective for Amazon brand registration and countermeasures against counterfeit products
• Requires proof of use and professional documentation

If you are unsure whether you meet the requirements or are unsure of what evidence to provide, please contact us first.
We will propose the optimal application strategy and accelerated examination plan according to your business situation.

Trademarks are first come, first served.
Take advantage of early screening to protect your precious brand before your rivals take over your rights due to a difference in touch.

Consult for free with a patent attorney about accelerated examination

First of all, please tell us about your current issues.
We will suggest the most suitable plan.