Comparison of Accelerated Examination and Fast-Track Mechanisms in Taiwan Trademark Systems

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Trademark
 
  Comparison of Accelerated Examination and Fast-Track Mechanisms in Taiwan Trademark Systems
   
  Both the Accelerated Examination and Fast-Track mechanisms enable applicants to obtain Taiwan trademark rights more quickly. However, the two systems differ in purpose, requirements, and applicable circumstances. Applicants may select the appropriate mechanism based on their specific needs.
   
  1. Accelerated Examination:
    Taiwan’s Accelerated Examination mechanism officially took effect on May 1, 2024. In addition to paying the official fee, applicants must satisfy certain substantive requirements. Key points are summarized as follows:
     
    (1) Official Fee: NTD6,000 per class, combined with the electronic filing fee of NTD2,400, the total is NTD 8,400 per class.
       
    (2) Examination Timeline:
      The earliest possible issuance of an examination result is approximately 2 months.
       
    (3) Cases Not Suitable for Accelerated Examination:
      Accelerated Examination is generally not recommended for the following types of applications due to their complexity, as they cannot be concluded within the 2-month timeframe:
      A. Applications covering broad or vague goods/services;
      B. Non-traditional trademarks, including 3D shapes, scents, colors, etc.;
      C. Cases involving ongoing disputes or related proceedings.
         
    (4) Timing of Request:
      A request must be filed after receiving the application number but before the issuance of the first office action.
       
    (5) Substantive Requirements for Accelerated Examination:
      Applicants must demonstrate a necessity for immediate acquisition of trademark rights. This typically falls under the following two scenarios:
      A. All designated goods/services are already in use or intended for      immediate use.  Evidence of trademark use must be provided.
         
      B. Only some designated goods/services are in use or intended for use, but there are commercial necessity and urgency. Supporting evidence must be submitted, such as:
        (A) Physical samples or photos showing unauthorized third-party use;
        (B) Warning letters alleging trademark infringement;
        (C) Documents showing third-party requests for licensing;
        (D) Business documents such as distribution agreements, sales agreements, or trade show
       participation contracts, etc.
         
    Note:
    If TIPO determines that the requirements for Accelerated Examination are not met, the application will proceed under the regular examination timeline, and the NTD6,000 official fee is non-refundable.
     
  2. Requirements for the Fast-Track System:
    To qualify for Fast-Track examination, the following conditions must be met:
     
    (1) The application must be filed through the TIPO electronic filing system;
       
    (2) The designated goods/services must exactly match the acceptable terms in TIPO’s e-filing system;
       
    (3) Online payment for official filing fee must be completed.
       
    Once these three requirements are fulfilled, the application automatically qualifies for Fast-Track. No separate request or additional fee is required. The Fast-Track examination timeline is approximately 3–4 months.
     
  3. Estimated Examination Timelines:
    Regular vs. Fast-Track vs. Accelerated Examination
     
   
Examination Type Estimated Timeframe
Regular Examination 7–8 months
Fast-Track 3–4 months
Accelerated Examination ~2 months
     
  4. Conclusion:
    If applicants have an urgent need to secure trademark rights, for example:
     
    Third-party infringement or unauthorized use
    Receipt of infringement warnings
    Licensing requests from third parties
    Upcoming product launch or participation in exhibitions.