Expedited Trademark Application in India: A Comprehensive Guide
Introduction to Expedited Trademark Application
Why Choose the Expedited Process?
Trademark registration is essential for protecting your brand identity, but the normal process can be time-consuming. The expedited trademark application allows businesses and individuals to fast-track the registration process, reducing the overall time significantly. This guide explains the complete process, from filing the trademark application to addressing potential challenges.
Complete Process of Expedited Trademark Application
The first step is to file a regular trademark application through Form TM-A. This application must include details about the applicant, the trademark, its class, and other required documents. The government fee for this process varies based on the applicant type, starting at ₹4,500 for individuals and MSMEs and ₹9,000 for companies.
After filing the trademark application, you can file Form TM-M to request expedited processing. This application costs ₹20,000 as a government fee. Expedited processing ensures that the examination report is issued within 5-30 days instead of the usual 8-12 months.
Further Expedited process accelerates all the processes of Trademark Registration except Publication in Trademark Journal for 4 months which can not be bypassed.
Once the TM-M is filed, the application undergoes an examination by the trademark examiner. The examiner reviews the application to ensure compliance with legal requirements and checks for any conflicting trademarks.
If the examiner raises objections, an Examination Report is issued. The applicant must submit a detailed reply to address these objections within one month. A strong reply should include legal arguments, relevant case laws, and evidence of the trademark's distinctiveness.
If the examiner finds the reply unsatisfactory, a Show Cause Hearing is scheduled. During this hearing, the applicant or their attorney presents arguments to convince the Registrar of the trademark's eligibility for registration.
If the Registrar approves the application, it is published in the Trademark Journal for public scrutiny. This stage allows third parties to oppose the registration within four months.
When a third party files an opposition, the applicant must submit a counterstatement within two months. This begins a quasi-judicial process where evidence is exchanged, and hearings are conducted before the Registrar makes a final decision.
Once registered, a trademark is valid for ten years. Renewal applications must be filed before the expiration to maintain the registration. Expedited processing does not apply to renewals.
The expedited trademark application process offers a quicker route to securing your intellectual property. By understanding the process and addressing potential challenges proactively, you can safeguard your brand effectively.
Protect your brand identity by fast-tracking your trademark application with the expedited process. Contact us to learn more and simplify the journey to trademark registration. Click the link below to begin:
Visit the Expedited Trademark Registration Page
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