On May 24, 2023, Taiwan amended its Trademark Act, introducing a new provision for “accelerated examination” under Article 19, Paragraph 8. This amendment, effective from May 1, 2024, offers applicants an expedited pathway to obtain trademark registration when urgently needed. The Intellectual Property Office of the Ministry of Economic Affairs, Taiwan (TIPO) also announced the “Procedures for Accelerated Examination of Trademark Applications” on April 30, 2024. This serves as a guideline for case handling, helping applicants understand the requirements and applicability of an accelerated examination. The key points of the “Procedures for Accelerated Examination of Trademark Applications” are summarized as follows:

Ⅰ. Trademark Types and Requirements for Accelerated Examination:

Trademark Types: Both traditional and non-traditional trademarks (e.g., three-dimensional shapes, colors, scents, sounds, holograms, or motions) are eligible for accelerated examination. However, certification marks, collective marks, and collective trademarks are excluded.

Requirements:

• The applicant must have already used the trademark in Taiwan for all goods or services designated in the trademark registration application in a manner that complies with the provisions of Article 5 of the Taiwan Trademark Act. Alternatively, the applicant must specify when and for which goods or services the trademark will be used, including the marketing channels or locations. Supporting evidence such as samples of goods or services bearing the trademark, advertising materials, orders for promotional brochures, advertising contracts, or business plans could be provided.
• The applicant must demonstrate a commercial necessity and urgency to obtain trademark rights. Situations like unauthorized use by third parties, receipt of infringement warnings, licensing requests, planned product launches with associated contracts, or participation in exhibitions with relevant agreements can justify the necessity and urgency. The applicant can only request an accelerated examination for the specific goods or services designated in the trademark registration.
• The “evidence of use” mentioned above must come from the applicant or an authorized party and must be identical to the trademark being registered. Variations in capitalization, line breaks, colors, or combinations with other words or graphics will be considered as different trademarks.

Ⅱ. Application Procedure:

Applicants should file for accelerated examination separately for each application number after submitting their trademark application but before receiving the first office action from TIPO. Applicants must state the facts and reasons and provide corresponding evidence. The official fee (NTD 6,000 per class) must be paid for requesting TIPO to accelerate the application.

Ⅲ. Examination Procedure:

If the submitted documents are incomplete, TIPO will notify the applicant within 10 working days (15 working days for paper-based applications) to provide additional information. If the applicant fails to supplement the documents within the given timeframe, the accelerated examination request will not be accepted. Generally, TIPO will issue the first office action (including notice of allowance, supplemental notification, or advance notice of reasons for disapproving) within two months after accepting the accelerated examination request. TIPO will issue a final decision within 15 working days after the applicant provides supplementary information or responds to the first office action.

In summary, the accelerated examination system for trademark applications in Taiwan offers a streamlined process for applicants needing prompt trademark rights. Applicants are encouraged to take advantage of this new system.