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Expedited TM Registration: What Entrepreneurs Must Know

Expedited trademark registration is a fast-track process that entrepreneurs can use to significantly reduce the time taken to secure trademark protection, which typically takes 18-24 months, to about 6-8 months. This process is particularly beneficial for startups, small businesses, and individuals who need quicker legal protection and a competitive advantage for their brand identity. Entrepreneurs must know the eligibility criteria, application requirements, including the filing of Form TM-M for expedited processing, fees involved, and the step-by-step process from trademark search to final registration. The accelerated review also helps in faster resolution of objections and oppositions, ensuring quicker legal security for the brand.

What is Expedited Trademark Registration?

Expedited trademark registration is a priority process where the trademark application is fast-tracked for examination, objection handling, and registration. This procedure reduces the long waiting times involved in standard registration and suits businesses eager to launch or protect their brand sooner. It requires a special request and payment of an additional fee to the trademark office (e.g., the Indian Trademark Office). The expedited process ensures faster examination and registration, typically completed within 6 to 8 months versus 18 to 24 months ordinarily.

Who Should Use It?

The process is designed primarily for entrepreneurs, startups, MSMEs, individuals, and small businesses who meet specific eligibility such as being recognized startups or filing under certain rules. Large corporations sometimes qualify if they have international filings or urgent business reasons. This helps businesses reduce the risk of infringement and get a competitive advantage quickly by securing trademark rights on time.

Step-by-Step Process

  • Conduct a comprehensive trademark search to avoid conflicts.

  • File the trademark application (Form TM-A) with details of the applicant, trademark, and goods/services.

  • Submit a request for expedited processing using Form TM-M and pay an additional fee (ranging from ₹20,000 to ₹40,000 depending on jurisdiction).

  • The trademark office prioritizes examination, issuing reports in weeks instead of months.

  • Address any objections promptly within the stipulated time.

  • Publication of the trademark in the Trademark Journal occurs with no unnecessary delays.

  • If no oppositions are filed, the trademark registration certificate is issued quickly, securing protection.

Benefits for Entrepreneurs

  • Quick legal protection allows the use of the ® symbol sooner.

  • Prevention of trademark squatting and infringement by third parties.

  • Faster resolution of legal objections and oppositions.

  • Enhanced brand credibility and market advantage.

  • Facilitates business expansion, licensing, and investor confidence.

Entrepreneurs looking to safeguard their intellectual property efficiently should consider expedited trademark registration as a strategic action to protect their brand and grow their business rapidly and securely.

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FAQs
Expedited trademark registration is a fast-track process that allows a trademark application to be examined and processed in a significantly shorter period. It is designed to reduce the time it takes to get a trademark registered from the standard 18-24 months to as little as 3-6 months.
This process is important for an entrepreneur to secure brand protection quickly. In a fast-paced market, a fast-tracked registration helps an entrepreneur launch new products, secure funding, and enter new markets with the legal assurance that their brand is protected from infringement.
The facility is available to individuals, startups (as defined by the DPIIT), and small enterprises. To be eligible, a startup must be officially recognized by the Department for Promotion of Industry and Internal Trade (DPIIT) and provide a valid certificate as proof.
The fees for expedited filing are significantly higher than the standard fees. For an individual, startup, or small enterprise, the expedited fee is Rs.45,000, which includes the standard application fee. These fees are per class of goods or services.
The typical timeline for an expedited trademark registration can be as fast as 3-6 months, assuming there are no objections from the examiner or oppositions from third parties. The standard process can take 18-24 months or longer.
An entrepreneur can simplify the process by working with a professional legal service or a trademark agent. They can handle a comprehensive trademark search, prepare all required documents, and ensure the timely filing of the application, preventing common mistakes that can lead to delays or rejection.