On May 1, 2024, the accelerated trademark examination mechanism was officially implemented in Taiwan. This mechanism allows applicants to prioritize their examination by providing a statement of facts and reasons, along with paying the accelerated examination fee, when there is an immediate need to obtain rights. The goal of this mechanism is to expedite the trademark examination process.
Difference Between Accelerated Examination and Fast-Track Examination
Accelerated Examination:
- Fee: Additional NT$6,000 per class
- Examination Time: Results (approval or rejection notice) within 2 months
- Eligibility: Requires evidence of an immediate need to obtain rights
Fast-Track Examination:
- Fee: NT$3,000 (can be reduced to NT$2,400 if conditions are met)
- Examination Time: Enters examination approximately 2 months earlier than general cases
- Eligibility: Must meet conditions such as electronic application, designated goods/services names matching system reference names, and online payment completion
Conditions Required for Accelerated Examination
Designated goods or services already in use or intended for use:
- Actual Use: Must comply with the requirements of Article 5 of the Trademark Act
- Intended Use: Must provide concrete evidence, such as product samples, advertising contracts, etc.
Part of the goods or services are in use and have commercial necessity and urgency:
- Includes situations such as unauthorized use by a third party, infringement warnings, licensing requests, market launch plans, etc.
Implementation of Amendments to the Trademark Act
The Intellectual Property Office has announced the draft “Procedures for Accelerated Examination of Trademark Registration Applications,” which was officially implemented on May 1, 2024. Applicants should specify the facts and reasons and provide concrete evidence to ensure their applications meet the conditions for accelerated examination.
For more detailed information, please refer to the website of the Intellectual Property Office of the Ministry of Economic Affairs and the R.O.C Laws & Regulations Database.
| Item | General Application | Fast-Track Examination | Accelerated Examination |
|---|---|---|---|
| Fee | NT$3,000 | NT$3,000 (can be reduced to NT$2,400) | Additional NT$6,000 per class |
| Examination Time | Standard examination time | Enters examination 2 months earlier than general cases | Shorter time required for accelerated examination |
| Eligibility | General trademark application | Meets conditions such as electronic application, etc. | Urgency, immediate need to obtain rights |