Home Intellectual Property Expedited Trademark Registration

Expedited Trademark Registration

Expedited Trademark Registration in India helps you secure your brand faster by reducing the standard processing time. With our legal expert's assistance, you can fast-track your trademark application, ensuring quicker protection and preventing potential infringements. Our team of skilled professionals handles the entire process efficiently and secures your brand without unnecessary delays. Avoid delays and establish your brand identity seamlessly with our hassle-free expedited trademark registration services.

1,64,739 Happy Customers

Expert Consultation

99.9% customers satisfaction guaranteed.
No Hidden charges

Overview of Expedited Trademark Registration

As everybody knows, a trademark is not just a symbol or a name; it is the identity of a brand that represents its reputation and uniqueness in the scattered marketplace. Businesses and Individuals use trademarks to create a distinct presence and ensure that customers recognize and trust their products or services.

However, registering your trademark in India is a lengthy and time-consuming process. Once an application for registration of the trademark is filed, it can take anywhere between 18 to 24 months for registration, during which its status may show as "Marked for Examination" or “Formalities Check Pass.” The lengthy process of waiting for approval from the Trademark Registry comes with challenges for young businesses that are about to launch a brand and face potential risks of infringement. To solve this problem, 'Expedited trademark registration' was introduced in 2018 by the government of India to streamline trademark registration.

Under Rule 34 of the Trade Marks Rules, 2017, applicants can request expedited examination by paying an additional fee ranging from ₹20,000 to ₹40,000 and filing a request to expedite the application in the Form TM-M. If no objections or oppositions arise, the trademark can be registered within 6 to 8 months, offering businesses quicker legal security.

What is Expedited Trademark Registration?

Expedited trademark registration is a procedure that allows an applicant's trademark application to be processed on a priority basis. For a charge, the applicant can expedite the review of their trademark application by submitting Form TM-M. At several phases, expedited applications are given priority processing, including:

Examination: The Registrar examines the application within 3 to 6 months.
Hearing (if required): If any objections are raised, they are addressed promptly.
Journal Publication: The application is published in the Trademark Journal without unnecessary delays.
Final Registration: If there is no opposition, the trademark is registered within 6 to 8 months.

Common Reasons for Expedited Trademark Registration

Immediate business launch
To obtain a competitive advantage in the market
Trademark Infringement Risk
Expansion of business in the international markets
Licensing and Franchise Agreement
The demand of the Investors
Rebranding of the business
Mergers and Acquisitions

Benefits of Expedited Trademark Registration

Fast Legal Protection: The expedited process ensures that trademarks are registered in 6 to 8 months instead of 18 to 24 months.
Priority Processing at Every Stage: The Registrar prioritizes expedited applications at the examination, hearings, and publication stages.
Protection Against Trademark Squatting: Faster Trademark Registration prevents third parties from filing similar trademarks before you secure legal protection.
Better Enforcement Against Infringement: A registered trademark allows immediate legal action against infringement.

Who Can Apply for Expedited Trademark Registration?

Individuals & Sole Proprietors
Startups & MSMEs
Private Limited Companies, Public Limited Companies, Partnership Firms, and Limited Liability Partnerships (LLPs)
Foreign Entities: International businesses must have a local authorized representative or trademark agent in India.
Business Entities Planning International Trademark Filings

Documents Required to Apply for Expedited Trademark Registration

The applicant needs to submit the following documents along with the required forms for expedited trademark registration:

Trademark Application Form, Form TM-A: This form contains details about the applicant's name, address, trademark type (wordmark/logo/device), and class of goods/services.
Trademark Application Form, Form TM-A: This form is an application form requesting the Trademark Registrar to expedite the process. An additional government fee for priority handling needs to be paid.
Trademark Representation: A clear image or representation of the trademark. If it is a wordmark, only the exact words are in the standard font.
Applicant Details & Business Proof: For individuals, it is an Aadhaar card, PAN card, or passport. For business entities, it is an Incorporation certificate, partnership deed, GST registration, MSME certificate, etc.
Power of Attorney (Form TM-48): This form authorizes the attorney or an agent to represent the applicant if the trademark attorney or an agent files the trademark application.
User Affidavit (If Claiming Prior Use): If the trademark is already in use, a signed and notarized affidavit mentioning the date of first use needs to be attached
Class Specification (Nice Classification): If you filed the trademark under multiple classes under the Nice Classification, you may be required to pay additional government fees.
Declaration of Intent to Use: If the trademark is not in prior use, a declaration stating the intent to use the mark in business shall be filed along with the application.
Government Fee Payment Receipt

Step-by-Step Process for Expedited Trademark Registration

Step 1: Conduct a Trademark Search

Before applying for trademark registration, it is essential to conduct a trademark search on the online portal to verify that the desired mark is not registered.

Step 2: File the Trademark Application Form TM-A

The applicant has to file Form TM-A electronically through the IP India portal.
The application should include:
Trademark details (wordmark, logo, or device mark).
Applicant details (individual or business entity).
Class of goods/services as per the Nice Classification system.

Step 3: Request to Expedited Examination Form TM-M

Submit Form TM-M to request expedited processing and pay the extra fee.

Step 4: Trademark Examination

After submitting the form, the Trademark Registrar issues an Examination Report within a month.
If no objections are raised during the examination process, the application shall be ready to be published in Trademark Journal.

Step 5: Responding to Examination Report (if required)

If the Registrar raises objections under:
Section 9 (lack of distinctiveness) of The Trade Mark Act, 1999
Section 11 (conflict with existing trademarks) of The Trade Mark Act, 1999

The applicant has 30 days to respond to objections.

Step 6: Publish in the Trademark Journal

If the application passes the examination stage, it will be published in the Trademark Journal for a four-month opposition.
If no opposition is filed during this period, the application will move toward final registration.

Step 7: Trademark Registration Certificate

If there is no opposition, the Trademark Registration Certificate is issued within 6 to 8 months.

Common Mistakes to Avoid When Applying for Expedited Trademark Registration

Incomplete or incorrect application (Form TM-A or TM-M)
Not conducting a proper trademark search
Not choosing the correct trademark class
Errors in trademark representation (image/logo issues)
Incorrect/ Incomplete government fee
Not attaching the required supporting documents
Delays in responding to examination reports

Why Choose Kanakkupillai for Expedited Trademark Registration?

We understand that registering a trademark is essential for protecting the identity of your business, but the process may be complicated and time-consuming. With Kanakkupillai, you don't have to be concerned about delays or any obstacles. We provide.

Expert guidance: Our team of professionals shall guide you through the entire process in detail to ensure your trademark registration application is error-free and meets all the requirements.
Hassle-Free Filing: We understand the value of time in protecting your brand's identity. We prepare the trademark application by minimizing delays and avoiding common mistakes that can slow down approval.
Support from Start to Finish: We handle everything seamlessly, from conducting a detailed trademark search to preparing documentation and securing final registration.
Transparent Pricing: We believe in fair pricing with no hidden costs and give you the best value for our expert services.
Dedicated Customer Support: Our team actively monitors your application, provides timely updates, and assists you at every step to ensure a smooth and stress-free experience.

Frequently Asked Questions

How long does expedited trademark registration take in India? +

Expedited trademark registration significantly reduces the processing time. Instead of the usual 12 to 24 months, expedited applications are examined within 3 to 6 months, and if there are no objections or oppositions, the registration can be completed within 6 to 8 months. However, any objections, oppositions, or legal disputes can extend this timeline.

Who can apply for expedited trademark registration? +

Any individual, startup, MSME, corporate entity, or foreign applicant can apply for expedited processing.

What are the additional government fees for expedited processing? +

The government fees for requesting expedited examination are:  ₹20,000 for individuals, startups, and MSMEs.  ₹40,000 for corporate entities and large businesses. This is in addition to the standard trademark application fee.

What happens if an objection is raised during the expedited process? +

If an objection is raised under Section 9 (descriptive or non-distinctive trademarks) or Section 11 (conflict with existing trademarks), the applicant must submit a reply within 30 days addressing the concerns. If the reply is accepted, the application proceeds to journal publication; otherwise, a hearing may be required.

Can a trademark still be opposed after expedited processing? +

Yes. Even if the application is expedited, it is still published in the Trademark Journal for a 4-month opposition period. Any third party with a conflicting interest can oppose the trademark. If an opposition is filed, the process can take longer than anticipated.

Is expedited processing available for international trademarks? +

No. Expedited registration applies only to trademarks filed within India under of The Trade Mark Act, 1999. However, once registered in India, businesses can use this as a basis for filing international trademark applications under the Madrid Protocol.

When should I opt for expedited trademark registration? +

Expedited registration is recommended when:  You are launching a new product or service and need quick trademark protection.  You are entering international markets and need an Indian trademark for global filings.  There is a risk of trademark infringement by third parties.  You are involved in legal disputes where faster registration strengthens your case.

What if my application is rejected under the expedited process? +

If your trademark application is rejected, you will receive a detailed examination report stating the reasons. You have the option to:  File a response to the objections and justify why the trademark should be accepted.  Request a hearing before the Registrar of Trademarks to argue your case.  Modify or amend your application to align with legal requirements.