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Expedited Trademark Registration  

Expedited Trademark Registration

Expedited Trademark Registration

In the dynamic business landscape, trademarks play a crucial role as invaluable assets, allowing enterprises to distinguish their products and establish a unique presence in the market. However, the conventional process of obtaining a trademark registration can be time-consuming, often taking several years. Recognizing the need for a more expedited approach, the Indian government has introduced the Expedited Examination System, providing businesses with a faster route to trademark registration.

Under this system, trademark applications undergo a thorough review and processing within three months, significantly reducing the usual timeframe of 18 to 24 months. Opting for this expedited route is a strategic decision to safeguard your brand promptly. Should you require assistance, IndiaFilings is ready to support you throughout the Expedited Trademark Registration process. Contact us, and we will streamline the process for you!

What is Expedited Trademark Registration?

The Expedited Trademark Registration, introduced in 2018 as part of the government’s efforts to streamline trademark registration in India, is commonly called the “Fast Track Examination” process. This innovative approach facilitates quicker trademark registrations for businesses than the standard registration route.

Traditionally, the regular examination process takes 18-24 months for the Trademark Registry to review a trademark application. In contrast, the expedited examination process significantly shortens this timeframe, with trademark applications undergoing examination within 3-4 months of filing. This expedited procedure allows businesses to obtain trademark registration swiftly, offering enhanced protection for their brand identity and proactively preventing unauthorized trademark use.

Eligibility Criteria for Expedited Trademark Registration

The eligibility criteria for expedited trademark registration in India are as follows:

Eligible Applicants

The expedited examination process is open to the following categories of applicants:

  • Individuals
  • Start-ups
  • Small Enterprises
  • Women Entrepreneurs
  • MSMEs (Micro, Small, and Medium Enterprises)
  • Educational Institutions
  • Government Departments

Online Filing

Applicants must submit their trademark application through the online filing facility provided by the Trademark Registry. Utilizing this digital submission method ensures efficient processing and tracking of applications.

Expedited Examination Fee

Applicants must pay an expedited examination fee to avail of the expedited examination process. This fee is higher than the standard examination fee and is necessary for expediting the examination process.

Valid reasons for filing Expedited Trademark Registration

Filing an expedited examination request for a trademark application in India is justified for the following valid reasons:

  • Potential Trademark Infringement or Misrepresentation: If there is a credible concern of potential trademark infringement or misrepresentation, expediting the examination process becomes crucial to address and mitigate these risks promptly.
  • Ongoing Legal Disputes: In situations with ongoing legal disputes related to the trademark, expediting the examination can help resolve and clarify legal matters more swiftly.
  • Necessity for Registration to Secure Funding or Investments: Businesses seeking funding or investments may find it essential to expedite the trademark registration process, as a registered trademark can enhance the intellectual property portfolio and add value, potentially influencing investment decisions positively.
  • Requirement for Registration to Engage in Trade Fairs or Exhibitions: Participating in trade fairs or exhibitions often requires a registered trademark. Expediting the examination is advantageous in meeting the time-sensitive demands of such events.
  • Essential for Licensing or Franchising Purposes: If there is a need to license or franchise the trademark, expediting the examination ensures that the necessary registration is obtained promptly, facilitating smoother business operations.

Filing for expedited trademark registration in these scenarios is a strategic move to protect the brand and addresses specific time-sensitive requirements and legal considerations.

Expedited Trademark Registration Timeline

As mentioned, obtaining a trademark registration can be a protracted process, sometimes extending to years. However, the expedited examination and processing can substantially reduce this waiting period. In India, through the expedited track known as Expedited Trademark Registration, the entire process can be completed in 3-4 months from the date of application.

Advantages of Expedited Trademark Registration

The expedited trademark registration process offers businesses a faster way to protect their brand.

  • Swift Brand Protection: Accelerates the trademark registration process, providing businesses with faster legal protection for their brand identity than the standard procedure.
  • Support for Smaller Entities: Particularly beneficial for start-ups and small businesses facing resource constraints.
  • Enables these entities to establish brand protection, quickly contributing to their market presence.
  • Optimized Resource Allocation: Valuable for entities with limited budgets, allowing for more efficient allocation of resources.
  • Streamlines the trademark registration timeline, enabling businesses to focus on other crucial aspects.
  • Benefits for Educational and Government Entities: Educational institutions can use the expedited process to safeguard their brand identity through various programs and initiatives. Offers timely protection for government entities and educational institutions where swift action is essential.

Validity of Expedited Trademark Registration

The validity of a trademark registration obtained through expedited examination in India is the same as that obtained through regular examination – valid for ten years from the registration date. This registration can be indefinitely renewed by paying the prescribed renewal fee.

Procedure for Expedited Trademark Registration

The procedure for expedited trademark registration in India involves several key steps:

Trademark Application Submission

Prepare and submit a detailed trademark application to the appropriate authority, such as the Trademark Registry in India. Expedited trademark processing can be initiated by submitting the TM-63 form on the Government of India’s Trademark Filing portal. This specific form is designated for filing requests for expeditions with the ministry.

Include comprehensive information about the trademark, owner, and specific goods or services. The Form is enclosed here for reference:

form-TM-63

Examination Process

The submitted application undergoes a thorough examination by a trademark examiner to ensure compliance with legal requirements. The examiner assesses the distinctiveness and uniqueness of the proposed trademark.

Objection and Examination Report

If any concerns or objections arise during the examination, the trademark examiner issues an examination report detailing these issues. The report outlines reasons for objections and may request clarifications or modifications.

Request for Expedited Examination

If there is a need for an expedited process, the applicant can submit a formal request for expedited examination along with the prescribed fee. The request typically involves demonstrating specific circumstances, such as potential irreparable harm, justifying the need for expedited processing.

Expedited Examination Report and Response

Following the request, the expedited examination report is issued within a month. The applicant is required to respond promptly, usually within a month, addressing and resolving any objections raised.

Advertisement and Public Opposition

If the trademark is found acceptable after the response, it is advertised in the trademark journal.

Third parties can raise objections or opposition to the registration during this period.

Hearing (If Necessary)

In cases where disputes or disagreements persist, a hearing may be scheduled. The applicant must attend the hearing to present their case before the trademark examiner.

Final Decision and Registration Certificate

Following the hearing (if conducted) and considering all evidence, the trademark examiner issues a final decision. If the decision is favorable, the trademark is accepted for registration, and a registration certificate is issued.

Simplify Expedited Trademark Registration   with IndiaFilings

If you are keen on swiftly safeguarding your brand identity through expedited trademark registration, IndiaFilings is here to provide seamless guidance. Our experienced team ensures efficient filing, proactive legal support, and timely progress tracking. This allows you to confidently protect your brand identity, knowing that the process is handled with expertise and efficiency.