Trademark registration in India is governed by the Trademarks Act of 1999 and managed by the Controller General of Patents, Designs and Trademarks under the Ministry of Commerce and Industry. A trademark is an exclusive title name for a company so that it may identify its goods or services as distinct from others. It could be different from different constituents such as words, logos, slogans, forms, colors, or combinations of them. Registration of a trademark grants the owner exclusive rights under the law to use the mark in connection with the registered goods or services. Not only does it establish brand awareness, but it also increases the worth of the business through the assurance that other individuals cannot use a similar or the same mark, which results in consumers’ confusion. The Indian process of trademark registration is a multi-step process: trademark search, filing of application, examination, publication in the Trademark Journal, and finally getting registered. Subject to the non-occurrence of oppositions and objections, the mark is registered for a period of 10 years, extendable perpetually by every 10-year period. Not only is trademark registration a legal protection against infringement, but it also serves to increase the market credibility and consumer faith in the mark. It is a precious asset for companies who want to establish and protect their brand reputation across India and the world.
What is Meant by Expedited Registration of a Trademark?
India’s fast track registration of trademarks under the definition made by the Trade Marks Rules, 2017, provides an exclusive advantage with the ability of applicants to quicken the process of examination and processing of the trademark applications. Such a facility is particularly valuable for businesses searching for early trademark protection or that are planning to bring their goods or services onto the market earlier.
Timeline of Expedited Registration
In the normal process, trademark registration may be 18 to 24 months, subject to potential objections, oppositions, and the caseload of the Trademark Office. Rushing the process reduces such time considerably, usually in around 6 to 8 months, subject to there being no delays like objections or third-party opposition. To claim expedited processing, the applicants will have to file Form TM-M together with Form TM-A (the form of application for trademark registration), clearly expressing their request. It should be indicated that the service incurs an additional fee above the usual application fee and can only be accessed through electronic filing and not through paper submission.
Validity of an Expedited Registered Trademark
After a trademark has been registered, whether through the normal or expedited process, validity remains the same. An otherwise registered trademark lasts ten years from the date of filing (not registration) and is renewable in perpetuity in consecutive ten-year increments for a fee. In short, expedited registration provides a practical alternative for applicants who would like to see their trademark applications processed expeditiously. Although it facilitates a faster examination and potential advance registration, the rights and protection conferred by the registered trademark are identical to those resulting from the conventional process.
The method provides flexibility for companies requiring immediate brand protection in a competitive market. While it enables a quicker assessment and possible advance registration, the rights and protection afforded by the registered trademark are the same as those that result from the traditional process. The approach gives leeway for companies that need instant brand protection in a competitive market.
Who Can Apply for Expedited Registration of a Trademark?
Accelerated processing of trademark applications is allowed under Rule 34 of the 2017 Trade Marks Rules, which prescribes the procedure for filing the “Request for Expedited Processing of Application.” The provision was inserted to speed up the examination and publication of trademarks for applicants in urgent necessity. Despite the fact that the Trade Marks Act of 1999 does not expressly have eligibility criteria, the Act and Rules give a framework for speedy processing.
Any person who files via the e-filing system and is willing to pay the extra fee is entitled to expedited processing of their trademark application. There are no merits criteria such as urgency or need, but the facility is offered for those who genuinely wish for expedited protection of their mark rights.
1. Who Can Apply for Expedited Processing?
Any individual who submits a trademark application in Form TM-A through the e-filing mechanism can apply for expedited processing upon filing Form TM-M along with the fee. Startups, MSMEs, companies, and individuals are eligible to apply.
2. Mode of Filing
Expedited registration is available only through e-filing. Applications submitted manually cannot be eligible for expedited processing.
3. Request Form for Expedited Handling (TM-M)
The applicant must file Form TM-M to ask for expedited handling and pay the extra fee charged for this service. This request can be made at the time of filing the trademark application or at any time before its examination.
4. Payment of Extra Charges
The extra charge for expediting the process is much higher than that of normal applications and has to be paid simultaneously with the TM-M application. For individuals, start-ups, or small business firms, the charge is ₹20,000 per class, but for companies, it is ₹40,000 per class. (The government can change the fee arrangement at its discretion.)
5. The Examination is Hastened, But Not the Whole Process
While the examination and issue of the examination report are sped up, subsequent steps, including opposition proceedings, are conducted on normal timelines. Hence, the actual registration continues to be dependent upon issues like objections or oppositions.
6. Registry Discretion
The Trademark Registrar has the discretion to grant or reject the expedited request. Upon approval, the application will be expedited for review.
When Can One Apply For Expedited Registration Of a Trademark?
Applicants may request expedited processing either when submitting or before their application is reviewed. While a written explanation is not required, expedited registration is especially useful in cases that require immediate legal protection, market access, or compliance with regulatory requirements. This accommodation enables companies to upgrade their application to expedited status if their situation changes after the initial submission. A request to expedite registration of a trademark may be made in the following manner:
- Applicants, when they file the first application for registration (Form TM-A), may apply for expediting the same. In that case, there is a Form TM-M, which should also be filed alongside at the same time, while also paying an additional fee in consideration.
- Between submission and examination: If a regular application is already submitted, the applicant may upgrade it to an expedited application by filing Form TM-M. After the commencement of the examination process, expedited processing is not available. The Trade Marks Rules of 2017 do not require the furnishing of particular reasons while applying for expedited registration. However, companies tend to choose expedited registration in the following situations:
- Immediate launch or introduction of the product or service – Companies that are going to introduce a product or service in the near future might require trademark protection to avoid infringement or the development of counterfeit products in the market.
- Investors or Partners’ demands – Startups and companies seeking investment or partnerships usually require evidence of trademark registration as part of due diligence or legal requirements.
- Expansion Internationally and Filing – In seeking international trademark protection under the Madrid Protocol, having a domestic trademark pending and reviewed in a timely manner is useful. Expedited processing expedites the status of the base application.
- Infringement or Abuse Concerns – If there is a genuine fear that a third party will abuse or duplicate the mark, businesses can opt for expedited registration to obtain legal protection faster.
- Continuing legal disputes or litigation – Businesses which are engaged in trademark disputes can opt for accelerated registration to give themselves stronger legal ground with a registered mark.
- Meeting Government Tenders – Some government contracting or license procedures require a registered trademark. Expedited registration guarantees timely compliance with such rules.
Procedure of Expedited Trademark Registration
This accelerated process enables applicants to acquire their trademark rights earlier, which is extremely crucial for urgent economic needs.
- Perform a Trademark Search – Perform a pre-search on the IP India website to verify that the trademark is unique and not registered.
- Get ready and submit the Trademark Application (Form TM-A) online using the Trademark Registry’s electronic filing system. Choose the right class(es) under the NICE classification.
- Submit Expedited Request (Form TM-M) – File Form TM-M together with Form TM-A (or at any time before commencement of examination) for seeking expedited processing. Pay an extra fee of ₹20,000 for individuals/startups/MSMEs and ₹40,000 for others for each class.
- Acknowledgement and Allotment of Application Number – On successful filing, an acknowledgment and application number are provided immediately.
- Expedited Examination – It is processed in 3-4 months, as against the normal 6-12 months. Registrar issues an Examination Report, mentioning whether the mark was accepted or rejected.
- Reply to Examination Report – If objections are raised, reply within 30 days. If accepted, the application proceeds to the next level.
- Publication in Trademark Journal – The application is published in the Journal for a period of 4 months of opposition. The second stage follows the normal timeline, despite accelerated processing.
- Processing opposition (if any) – The application will go forward if no opposition is raised or if the opposition is resolved to the applicant’s satisfaction.
- Issuance of the Registration Certificate – A registration certificate is issued when the trademark is registered without opposition or successfully defended.
- Validity of Registration – The trademark is valid for 10 years from the date of application and can be renewed indefinitely every 10 years.
How is Expedited Registration Beneficial?
- Swifter Examination – Applications are examined within 3-4 months, in contrast to 6-12 months for traditional processing.
- Early Legal Protection – Rapid registration confers faster legal rights and security against infringement.
- Brand Security Before Launch to Market – Suitable for companies introducing new products or services rapidly.
- Facilitates International Filing – Simplifies base registration for Madrid Protocol international filings.
- Enhances commercial Credibility – Registered trademarks make investors more confident and ease commercial negotiations.
- Government Tenders Compliance – Prevents delays in compliance when a registered trademark is mandatory for tenders or licensing.
- Competitive advantage – Rapid registration prevents competitors from registering or taking advantage of a similar trademark.
- Enhanced Legal Position in Disputes – Registered trademarks enhance the status of the owner in infringement or opposition proceedings.
Conclusion
The expedited trademark registration process in India, described by the Trade Marks Rules of 2017, offers a fast track mechanism for applicants for immediate brand protection. By greatly reducing the length of the examination, it allows businesses to quickly utilise their legal rights, thereby lending support to market entry, compliance, and enforcement. Even though the cost involved is higher, the advantages of instant protection and stronger brand security make it a worthwhile option for companies in today’s competitive and fast-paced environment.
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