Japan - Preferential Examination of Trademark Applications

Newsletters and Bulletins / December 1997 / Japan

The Japanese Patent Office has introduced a Preferential Trademark Examination System with effect from September 1, 1997. The conditions under which such examination may be requested are summarized below.

1) The trademark has been used or will be used within 3 months from the date of the request for preferential examination by the applicant or its licensee in Japan.

2) Registration of the trademark is required on an urgent basis due to one of the following circumstances:

a) an unauthorized third party is using or is taking steps to use a trademark which is identical or similar to the trademark for which the application has been filed in respect of the same or similar goods or services;

b) the applicant or its licensee has been warned against use of the trademark for which the application has been filed;

c) the applicant has been requested to grant a license to use the trademark which is the subject of the application;

d) applications for the trademark have been filed for the same goods and/or services in other countries;

e) any other circumstances which require expedited registration of the trademark.

The request for preferential (i.e. expedited) examination can be made at the time of filing of the application for the trademark or at any time thereafter. The request may be refused after it has been heard by the Chief Examiner and no appeal is permitted from such refusal. If the request is accepted, the examination of the application will be undertaken as soon as possible.

December 1997 Index

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