Expedited TM Registration
Expedited Trademark Registration in India
Get Your Trademark Examined Faster with Expedited Processing
Need to move your trademark application forward sooner? CA India assists businesses, start-ups, and entrepreneurs with expedited trademark examination in India, helping them navigate the application process and applicable Trade Marks Registry requirements.
What Is Expedited Trademark Examination?
Expedited trademark examination is a procedure under Rule 34 of the Trade Marks Rules, 2017, that allows an applicant to request faster processing of a trademark registration application by paying the prescribed government fee.
Under this procedure, the Trade Marks Registry ordinarily examines an application within three months of the expedited processing request. Subsequent proceedings are also intended to be handled expeditiously, subject to the applicable rules and Registry guidelines.
The expedited procedure does not bypass the legal requirements for trademark registration. Your mark must still undergo examination, and any objections, hearings, publication requirements, or oppositions must be addressed as applicable.
Benefits of Expedited Trademark Examination
Choosing expedited examination may help businesses manage time-sensitive brand-registration requirements more effectively.
More Faster
Examination
The procedure provides for expedited examination, ordinarily within three months of the request, subject to the applicable rules.
Better Support for
Business Timelines
Businesses planning launches, commercial partnerships, or expansion activities may benefit from moving the examination stage forward.
Earlier Clarity on
Examination Issues
If the Registry raises objections, an earlier examination may help you identify issues that need to be addressed.
Support for Brand-Related Transactions
Businesses involved in licensing, franchising, investment discussions, or other transactions may find faster examination useful when trademark status is commercially important.
A More Proactive
Registration Strategy
Expedited processing can form part of a broader brand-protection plan, alongside trademark searches, appropriate application filing, and timely responses to Registry communications.
Important: Expedited examination does not guarantee registration, eliminate the possibility of objections, or prevent third parties from opposing a trademark after publication.
Expedited Trademark Examination Process in India
CA India’s expedited trademark examination assistance can help you navigate the following stages.
Review Your Existing Application
We review the application number, trademark details, applicant information, and current application status.
Confirm the Requirements
We help identify the relevant expedited examination procedure, applicant category, supporting documents, and government fee.
Prepare the Expedited Examination Request
The prescribed request is prepared with the relevant application details and required declaration.
Submit the
Request
The expedited examination request is filed with the Trade Marks Registry using the applicable prescribed form, generally Form TM-M under Rule 34.
Examination by the Registry
The Registry processes the request and examines the trademark application under the expedited procedure. The examination report may identify objections or requirements that need to be addressed.
Respond to Objections
If objections are raised, the applicant must respond within the prescribed period. A hearing or additional submissions may be required, depending on the case.
Publication and Further Proceedings
If the application proceeds, it may be advertised in the Trade Marks Journal. Third parties may oppose the application within the applicable opposition period.
Wait for the Final Decision
The application proceeds according to the Registry’s decision and any further proceedings. Registration is granted only if the applicable requirements are satisfied.
Frequently Asked Questions
What is expedited trademark examination in India?
Expedited trademark examination is a procedure under Rule 34 of the Trade Marks Rules, 2017, that allows an applicant to request faster processing of a trademark registration application by paying the prescribed government fee.
Which form is used for expedited trademark examination?
Form TM-M is used to request expedited processing under Rule 34. The request can generally be submitted after the trademark application receives its official application number.
How long does expedited trademark examination take?
The Trade Marks Rules provide that the application should ordinarily be examined within three months of the expedited processing request. This is an examination-stage timeframe, not a guarantee of final registration within three months.
Who is eligible for expedited trademark examination?
Applicants may request expedited processing subject to the applicable rules and Registry requirements. The government fee differs for individuals, startups, small enterprises, and other applicants. Confirm the applicable category before filing.
What is the government fee for expedited trademark examination?
According to the official fee schedule, the expedited examination fee is ₹20,000 per mark per class for individuals, startups, and small enterprises, and ₹40,000 per mark per class for other applicants when filed electronically. Verify the current fee schedule before submission. Professional service charges may be additional.
Does expedited examination guarantee trademark registration?
No. Expedited examination accelerates processing but does not guarantee acceptance or registration. The trademark must still satisfy the applicable legal requirements, and objections or opposition proceedings may arise.
Can I request expedited examination after filing my trademark application?
Generally, yes. Once the application has received its official number, the applicant may submit an expedited processing request in accordance with Rule 34 and the applicable filing requirements.
What happens if the Registry raises an objection?
The applicant must address the examination report within the prescribed timeframe. Depending on the nature of the objections, this may involve written submissions, supporting evidence, or a hearing.
How can CA India help with expedited trademark examination?
CA India can assist with reviewing your application, understanding the applicable fee and filing requirements, preparing the expedited examination request, and following up on subsequent procedural steps.