Announcement on Trademark Regulations - "Procedure for Accelerated Examination of Trademark Registration Applications" Effective from May 1, 2024

May 13, 2024

  1. Introduction:
    • Article 19, Paragraph 8 of the Trademark Act stipulates that trademark applicants may apply for accelerated examination, for which relevant procedural guidelines have been established.
    • Accelerated examination applies only to trademark registration applications and does not include procedures such as opposition, evaluation, or invalidation.
  2. Types of Cases for Applying for Accelerated Examination:
    • Type 1: Where all goods or services specified in the trademark registration application have been actually used or are reasonably prepared for use.
    • Type 2: Where some goods or services specified in the trademark registration application have been actually used or are reasonably prepared for use, and there is a necessity and urgency to obtain rights commercially.
  3. Application:
    • Only trademark applicants or their attorneys for trademark registration applications may apply for accelerated examination.
    • The application for accelerated examination should be submitted before the issuance of the first examination notice and should be submitted on a one-application-one-case basis.
  4. Types of Trademarks:
    • Non-traditional trademark types such as three-dimensional shapes, colors, smells, sounds, etc., are also eligible for accelerated examination, but it should be noted that the examination process may require more evidence.
  5. Facts, Reasons, and Evidence to be Stated:
    • Applicants should provide relevant documentary evidence that meets the requirements for accelerated examination and ensure the completeness and accuracy of the Chinese translation of their evidence.
    • Evidence of trademark use should be identical to the trademark pattern applied for in the trademark registration application and should match the designated goods or service names.
  6. Fees:
    • Payment of an accelerated examination fee is required for applying for accelerated examination; failure to pay will be considered as not having submitted the application.
    • Applicants who withdraw their application for accelerated examination after submission will not be eligible for a refund, except in special circumstances.
  7. Examination Procedure:
    • Accelerated examination cases will be given priority in the examination process, and the first examination notice will be issued approximately two months after receiving the application.
    • In cases of special circumstances, such as non-traditional trademark types or cases involving trademark disputes, the examination process may require corrections or temporary suspension.

For any inquiries, please feel free to contact us.