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Decision on trade mark registration in 15 working days!

Ieva Judinska

In IP Posted

Starting from 10 December 2020, the Patent Office offers a new free e-service Fast Track examination of trade mark application.

The essence of this service is that the decision on trade mark registration is made within 15 working days of submitting the application online.

The advantages of the service:

● the application can be submitted 24/7 online;
● if the fee is paid using the indicated credit institution online, then a 10% discount is applied to the fee;
● the decision on trade mark registration is made within 15 working days.

Such a solution is of particular importance in cases where a trade mark infringement has been established, as it is not only the date of the application but also the date of registration that is relevant so that infringement proceedings can be instituted as soon as possible (the exclusive right to a trade mark (including the right to prohibit other persons from using a trade mark similar to or identical to such trade mark) enters into force only after the notice of trade mark registration has been published in the Official Gazette of the Patent Office).

There are important preconditions for using the new service, and failure to comply with them will mean that the submitted application “falls out” of the fast-track queue and enters the normal application examining process.

The most important preconditions are:

1. it applies only to 3 types of trade mark: word marks, figurative marks and three-dimensional marks;
2. only approved terms from the Nice Classification of Goods and Services or the headings of its classes may be included in the list of goods and services;
3. the application fee and the fee for additional classes (if any) must be paid electronically using a special online form on the website of the Patent Office.

The application falls out of the Fast Track system if the examination of the application requires clarification or formal discrepancies are found, or the expert considers that the trade mark has been found to be inconsistent with the statutory requirements. An application that falls out of the Fast Track procedure will then be considered on the first-come first-served basis.

A fast track service similar to this new service of the Patent Office is already operating successfully in the EUIPO.

We will be happy to answer your questions about this new service of the Patent Office, as well as submit a trade mark registration application on behalf of your company using the new e-service.