All trade marks filed with the Patent Office for registration will undergo an examination of the application data and the list of goods and services, followed by a thorough trademark procedure. The more complex and substantial the application is, the longer both the examination of goods and services and the trade mark procedure will take.
The Patent Office has developed an accelerated procedure service that can be applied to applications that meet the conditions below. The service will be implemented from 12 October 2020.
Benefits of accelerated procedure
- Faster procedure. Where there are no deficiencies in the application filed and the application meets the requirements of the accelerated procedure, the registration decision will normally be issued within 3 to 4 weeks.
- Filling in the application is simpler. When applying for an accelerated procedure, a reduced data application is filed with the Office to ensure a minimum number of errors in the application.
How do I meet the conditions of the accelerated procedure?
The accelerated procedure shall be applied to the following types of trade marks:
- word mark,
- figurative mark (including verbal part),
- shape mark.
The ordinary procedure applies to other types of trade marks.
Goods and services
It is very important to make sure that a correct list of goods and services is provided when the application is filled in. When applying for the accelerated procedure, goods and services must be selected from the harmonised database TMclass.
The number of allowed goods and services is limited, with a maximum of 60 names of goods/services per application. The lower the number of goods and services provided, the more likely it is that the application meets the requirements of the accelerated procedure.
Upon application, the state fee shall be paid immediately.
Detailed requirements for accelerated procedure
In addition to the requirements of a trade mark application provided by law, the following conditions apply to the application for accelerated procedure.
- The application is filed electronically through the e-services portal of the Patent Office. Requests made by mail or e-mail shall not be processed on an accelerated basis.
- The trade mark applied for is not a collective mark or a certification mark.
- The application does not contain a priority claim.
- The names of the list of goods and services are selected from the list of goods and services in the e-services portal. Acceptable names can be searched in the harmonised database TMclass. A maximum of 60 names of goods/services can be listed in the application.
- The trade mark type is a word mark, a figurative mark (including the word element) or a shape mark.
- In case of figurative mark and shape mark, the list of colours is not provided.
- The state fee for the application will be paid either upon application via bank link or immediately after the application has been submitted by bank transfer, using a unique reference number. The state fee is deemed to have been paid in due time if the prescribed amount has been received within three business days after the Patent Office issued the unique reference number.
- The application must comply with all the substantive and formal requirements laid down in the Trade Mark Act or Regulation.