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Documents Checklist for Expedited TM Registration Application

Documents Checklist for Expedited TM Registration Application

Expedited trademark registration helps fast-track the process of securing legal protection for your brand. To ensure a smooth and quick filing, having the right documents ready is crucial. Here is a comprehensive documents checklist for applying for expedited trademark registration:

Essential Documents to Prepare

  • Trademark Application Form (Form TM-A):
    This is the primary application form providing details about the applicant, the trademark, and its class of goods or services. It must be filled out accurately and submitted electronically.

  • Trademark Representation:
    A clear image or representation of your trademark is required. For wordmarks, submit the exact words in standard font. For logos or device marks, provide high-quality digital copies.

  • Applicant Identification and Business Proof:

    • For individuals: Valid identity documents like Aadhaar card, PAN card, or passport.

    • For businesses: Incorporation certificate, partnership deed, GST registration, MSME certificate (if applicable), or startup recognition certificate.

  • Power of Attorney (Form TM-48):
    If a trademark attorney or agent is filing on behalf of the applicant, a Power of Attorney authorizing them is needed.

  • User Affidavit (If Claiming Prior Use):
    If the trademark is already in use, provide a signed and notarized affidavit mentioning the date of first use, along with supporting documents such as invoices or business certificates.

  • Class Specification (Nice Classification):
    Details of the trademark class under the internationally accepted Nice Classification system. Multiple classes may require additional fee payments.

  • Declaration of Intent to Use:
    If the trademark is not yet in use, a declaration stating your intent to use the mark in business must be submitted.

  • Government Fee Payment Receipt:
    Proof of payment for the expedited trademark application fees.

Why These Documents Matter

Having clear and complete documentation helps avoid delays in the examination process. The expedited system aims to release the examination report and registration certificate faster than usual, but only when the application is thorough and legally compliant.

Additional Tips

  • Conduct a trademark search beforehand to ensure your mark is unique and does not conflict with existing trademarks.

  • File Form TM-M along with the fee to formally request expedited processing.

  • Respond promptly to any examination reports or objections raised by the trademark registrar to maintain the fast-track timeline.

By following this checklist carefully, applicants can maximize their chances of successful and swift expedited trademark registration.

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FAQs
The documents are the same as a standard application but with a crucial addition for eligibility. They include: <br> - A copy of the trademark logo. <br> - Proof of identity and address of the applicant. <br> - A Power of Attorney (if filed through an agent). <br> - A DPIIT Certificate or MSME Certificate to prove startup or small enterprise status and qualify for the subsidized fees.
The process requires filing two forms: <br> 1. Form TM-A: The standard application form. <br> 2. Form TM-M: This is a specific form used to request expedited examination, along with the prescribed higher fee.
A User Affidavit is a document you must attach if you are claiming to have been using the trademark before the application date. It must be notarized and supported by evidence of prior use, such as invoices, business formation certificates, or marketing materials.
Yes, for a company or LLP, you will need to provide the Certificate of Incorporation or a Partnership Deed to establish the legal existence of the entity.
Yes, a valid Digital Signature Certificate (DSC) is a mandatory requirement for e-filing. The DSC of the applicant or their authorized agent is used to authenticate and submit the forms on the official portal.
Submitting a defective or incomplete application will result in an objection from the examiner. While a reply can be filed, it will cause a significant delay and negate the benefit of the fast-track process. In some cases, the application may be rejected and you could lose the fees paid.