September 5, 2024 Copyright ©️ 2024 by goldkeen International Patent & Trademark Joint Office

 

Due to the increasing number of trademark registration applications each year and the limited number of examiners, there is a natural limit to how much the examination time can be shortened.

To support industrial development and protect public rights, Taiwan has implemented an Accelerated Trademark Examination System starting May 1, 2024 (Year 113 of the ROC calendar).

Under this system, applicants who have an urgent need to obtain trademark rights—such as involvement in infringement litigation, the need to confirm ownership, or cases where the product has already been launched—may apply for expedited examination.

By submitting a justification and paying the required fees to the Taiwan Intellectual Property Office (TIPO), applicants can significantly shorten the examination timeline.

Timing for Submitting an Accelerated Examination Request

To apply for accelerated examination, the request must be submitted to the Taiwan Intellectual Property Office (TIPO) after obtaining the application number but before receiving the first official examination notice.

If the trademark application has already been reviewed by the competent authority and a notification of correction has been issued, or if a rejection reason has already been communicated prior to a formal decision of refusal,
the applicant may instead request the office to expedite the case via an urgency request, and there is no need to apply for accelerated examination.

This exception is specifically stipulated in the proviso to ensure appropriate use of the accelerated procedure.

Situations Where Accelerated Examination Is Not Recommended

Accelerated examination is generally not advised in the following scenarios, as such cases often require a correction notice or deferred review, which diminishes the effectiveness of expedited processing:

• The designated goods or services are described using vague or overly broad terms.
• The trademark type is a non-traditional trademark (e.g., sound, 3D shape, motion, etc.).
• The trademark is involved in a dispute or controversy.

※ Certification marks, collective membership marks, and collective trademarks are currently not eligible for accelerated examination due to the complexity of their review process.

Grounds for Accelerated Examination (Necessity for Immediate Rights Acquisition)

Accelerated examination may be requested under the following conditions:

1. All designated goods or services have already been used or are ready for use
   (Applications that include goods/services not yet used or not yet ready for use are not eligible).
2. Some of the goods or services have been used or are ready for use, and there is a commercial necessity and urgency, such as:
   a. The trademark is being infringed by a third party.
   b. A warning letter of infringement has been received.
   c. A third party has requested licensing of the trademark.
   d. The product is scheduled for launch and a contract has been signed.
   e. The product is planned for exhibition and a contract has been signed.

※ To prove commercial necessity and urgency, applicants must provide supporting materials such as identifiable trademark use (photos or physical samples), dates, the user’s identity, infringement warning letters, contracts, or other relevant documentation.

 

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