Fast Track conditions
At the European Union Intellectual Property Office we offer our trade mark applicants the opportunity for their applications to be examined and published faster.
When the Office receives an application, our staff examine it to assess whether it is likely to be a valid trade mark. The more complex the application, the more time it takes for our staff to examine it. This is why applications received by the Office that comply with certain conditions will be treated more swiftly and will be faster to reach the first step in the registration process, the publication of the application. We call this accelerated procedure ‘Fast Track'.
What are its advantages?
- It is faster. Your application can be published in half of the time or less compared to regular applications.
- It is safer. A Fast Track application requires that you select your goods and services from a database of terms already accepted by the Office and by all IP offices in the EU, known as the Harmonised Database. This greatly reduces any deficiencies, so you can be sure you are making the right choices.
For more information on our service standards, check EUIPO's Service Charter in our quality page.
How can I comply with the Fast Track conditions?
There are two main conditions so that your application can be treated as Fast Track:
- You need to select the goods and services your trade mark will apply to from a database of terms already accepted by EUIPO. The five-step form has been designed to guide you in your choice so that your application can be processed under Fast Track.
- You need to pay upfront: Our examiners can only start examining the application once payment has been completed. Subject to prompt payment and provided that there are no deficiencies at the moment of filing and during the examination of the application, your application will proceed via Fast Track.
If you are paying via current account, please note you will need to accept to be debited immediately. If you are paying via bank transfer, you will need to make the transfer immediately after the application's submission.
Although some applications may comply with the conditions of Fast Track at the time of filing, they may lose the Fast Track condition later on. This can result from a deficiency, like the fact that the trade mark you would like to register is not distinctive enough. If your application loses the Fast Track condition, you will be informed in writing.
Fast Track: Full conditions
- The applicant must be domiciled in the European Economic Area (EEA). Failing this, the applicant must identify a valid representative.
- The trade mark should not be a collective trade mark.
- Do not request a national or European search in your application.
- Regarding priority or seniority claims, either:
- there should be no priority / seniority claims, or
- if a priority / seniority claim is indicated, the trade marks on which the claim is based can be imported from the TMView database during the application process, or
- if a priority / seniority claim is indicated and the associated trade mark(s) are not in TMView, the corresponding certificate must be attached.
- If exhibition priority is claimed, a Fast Track application is still possible if an attachment containing the corresponding certificate is provided.
- The trade mark must be one of the following types: word mark / figurative / 3D / sound.
- If the trade mark is figurative or 3D and the colours are claimed, only the colours as stated in the form can be used (you cannot specify a custom colour).
- If the trade mark is figurative, 3D or sound, the relevant attachments must be included.
- There should be no mark description.
- All the terms in the list of goods and services must be selected from the database of terms already accepted by EUIPO.
- Payment should be made via any of the accepted payment methods. However, payment via a third party's current account is not permissible with Fast Track.
- The following conditions shall apply with regard to the payment of fees:
- Credit card: no particular requirement.
- For bank transfers: the applicant shall (1) use the Payment Transaction Code generated by the form and the trade mark number to identify the file; (2) undertake to transfer the amount immediately; and (3) preferably make a separate payment for each application submitted.
- For current account holders the applicant must select 'Debit now' in the payment form.
- When the language of the application is not one of EUIPO's five languages (English, French, German, Italian and Spanish), the applicant must accept the translation provided by the Office in a second language selected from one of the accepted five languages.
Note: Payments via bank transfer, bearing their corresponding transaction code, must reach the Office within nine days of filing the application. Failure to do so means that the Office will be unable to guarantee the timeliness standards for Fast Track.
All time limit references are for illustrative purposes and do not have a binding effect for the Office.