A. It takes five to ten months. However, there is a cost-effective alternative to shorten the examination period.
The examination period is five to ten months (as of April 2022 by the JPO).
However, it is possible to expedite the examination process by "Fast Track Examination" or "Accelerated (Make Special) Examination for Trademarks.”
1. Fast Track Examination
The JPO has announced that the Fast Track Examination takes approximately six months from the filing date, which is about three months faster than the normal examination period. All that is required is to file an application designating the goods and services listed in the Nice Classification as they are shown. No petition is required, and no fees are incurred.
Unlike trademark applications in the U.S., where goods and services are specifically named, Japanese trademark applicants are allowed to designate the goods and services listed in the Nice Classification as they are. Designating goods in the Nice Classification will not be rejected due to its broadness and unclearness. This is recommended as the description of goods in accordance with the Nice Classification generally covers a wider range of rights than the specific goods. Since Japan does not adopt the First-to-Use principal, the designated goods do not have to be in actual use when filing an application.
2. Accelerated Examination for Trademarks (an attorney fee applies)
This system enables an applicant to obtain an examination result in two to three months after filing an application. The requirements are as follows.
(i) The trademark is already in use for some of the designated goods or services, and the trademark application requires urgent approval for trademark registration.
“Urgent" means any of the followings.
a) The trademark is in use by a third party without permission.
b) A third party warns you about the trademark use.
c) Trademark license is requested by a third party.
d) The trademark has been filed in a country other than Japan.
e) There is a plan to use the trademark as the basic application for the Madrid Protocol.
(ii) Filed trademark is already in use for all designated goods and services.
(iii) The applied trademark is already in use for some of the designated goods or services, and all of the designated goods or services are listed in the Nice Classification, etc.
Although no fees are required by the JPO, an attorney fee is usually incurred for filing a petition and supporting documents. JAPAN DIRECT IP Firm offers the service for US$ 300 (tax inclusive).