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A trademark is more than just a name or symbol; it represents a brand’s identity, reputation, and uniqueness in the marketplace. Businesses and individuals use trademarks to distinguish themselves and build customer recognition and trust in their products or services.
However, the process of trademark registration in India can be lengthy and time-consuming. After filing an application, it may take anywhere from 18 to 24 months for the trademark to be registered. During this period, its status may remain as “Marked for Examination” or “Formalities Check Pass.” This extended wait can be particularly challenging for new businesses launching a brand, as they face the risk of potential infringement.
To address this, the Indian government introduced the Expedited Trademark Registration in 2018. This system, under Rule 34 of the Trade Marks Rules, 2017, allows applicants to request faster processing by paying an additional fee (₹20,000 to ₹40,000) and submitting a request for expedited examination via Form TM-M. If no objections or oppositions arise, the trademark can be registered in as little as 6 to 8 months, providing businesses with quicker legal protection.
Expedited trademark registration is a process that enables applicants to have their trademark applications prioritized. By paying an additional fee, the applicant can fast-track the review of their application by submitting Form TM-M. At various stages of the process, expedited applications receive priority handling, including:
The Registrar reviews the application within 3-6 months.
Objections, if raised, are addressed promptly.
Application published in Trademark Journal promptly.
Trademark registered within 6-8 months, uncontested.
The expedited trademark registration process offers several key benefits for businesses seeking swift protection. By reducing the timeline from 18 to 24 months to just 6 to 8 months, it ensures faster legal protection for your brand. The Registrar prioritizes expedited applications at every stage, including examination, hearings, and publication. This expedited processing helps secure your trademark rights quickly, minimizing delays. Another important advantage is protection against trademark squatting, where third parties might file similar trademarks before you do. With faster registration, you can prevent others from claiming rights to your brand. Additionally, an expedited trademark allows for better enforcement against infringement. Once registered, you can take immediate legal action against any unauthorized use of your trademark. This expedited process offers both speed and security, helping you protect your brand in the shortest time possible. Ultimately, expedited trademark registration helps businesses strengthen their legal position and market presence with quicker protection.
To apply for expedited trademark registration, the applicant must submit several key documents along with the required forms. The Trademark Application Form (TM-A) includes details such as the applicant’s name, address, and trademark type, while another TM-A form requests priority handling, accompanied by an additional government fee. A clear representation of the trademark, along with proof of business or personal identity (like Aadhaar, PAN, or Incorporation certificate), is necessary. If applicable, a Power of Attorney (TM-48) is required to authorize an agent or attorney. Additionally, if the trademark is in use, a User Affidavit is needed to verify the first use date. Lastly, a declaration of intent to use, class specification, and government fee payment receipt must also be submitted.
Before submitting a trademark application, it's crucial to perform a trademark search on the online portal to ensure the desired mark isn't already registered.
Submit Form TM-M to request expedited processing, along with the payment of the additional fee.
Once the form is submitted, the Trademark Registrar issues an Examination Report within a month. If no objections are raised during the examination, the application will be prepared for publication in the Trademark Journal.
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 address and respond to the objections.
If the application clears the examination stage, it will be published in the Trademark Journal for a four-month opposition period.
If no opposition is filed during this time, the application will proceed towards final registration.
If no opposition is raised, the Trademark Registration Certificate will be issued within 6 to 8 months.
Common mistakes when applying for expedited trademark registration can delay the process. These include submitting an incomplete or incorrect application (Form TM-A or TM-M), failing to conduct a proper trademark search, or choosing the wrong trademark class. Errors in the trademark representation, such as issues with the image or logo, can also cause setbacks. Inaccurate or incomplete government fee payments, along with missing supporting documents, are critical mistakes to avoid. Additionally, delays in responding to examination reports can hinder the timely registration of your trademark. It’s essential to ensure all forms and documents are accurate and complete for a smooth application process.
Expedited trademark registration greatly shortens the processing time. While the typical process takes 12 to 24 months, expedited applications are examined within 3 to 6 months. If there are no objections or oppositions, the registration can be completed within 6 to 8 months. However, any objections, oppositions, or legal disputes may prolong this timeline.
Individuals, startups, MSMEs, corporate entities, and foreign applicants are all eligible to apply for expedited processing.
The government fees for requesting expedited examination are as follows:
₹20,000 for individuals, startups, and MSMEs.
₹40,000 for corporate entities and large businesses.
These fees are in addition to the standard trademark application fee.
If an objection is raised under Section 9 (descriptive or non-distinctive trademarks) or Section 11 (conflict with existing trademarks), the applicant must respond within 30 days to address the concerns. If the response is accepted, the application will proceed to publication in the trademark journal. If not, a hearing may be required.
Even with expedited processing, the application will still be published in the Trademark Journal for a 4-month opposition period. During this time, any third party with conflicting interests can file an opposition. If an opposition is raised, the process may take longer than initially expected.
Expedited registration applies only to trademarks filed within India under The Trade Mark Act, 1999. However, once a trademark is registered in India, businesses can use this registration as a basis for filing international trademark applications under the Madrid Protocol.
Expedited registration is recommended in the following situations:
When launching a new product or service and requiring quick trademark protection.
When entering international markets and needing an Indian trademark for global filings.
If there is a risk of trademark infringement by third parties.
When involved in legal disputes where faster registration can strengthen your case.
If your trademark application is rejected, you will receive a detailed examination report outlining the reasons. You have the following options:
File a response addressing the objections and justifying why the trademark should be accepted.
Request a hearing before the Registrar of Trademarks to present your case.
Modify or amend your application to meet legal requirements.
