Best Practices for Expedited Trademark Registration in India

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In the dynamic business realm, trademarks serve as invaluable assets, enabling enterprises to distinguish their offerings and establish uniqueness in the market. But sometimes, getting a trademark registration can take a long time, even years. But businesses sometimes need a shortcut to get their trademark faster. Addressing this need, the Indian government came in with a faster way to register trademarks, called the trademark expedited examination system. With this system, expedited trademark applications are checked and processed in three months, which is way quicker than the usual 18 to 24 months.

Remember, using the fast track trademark registration India is a smart choice to keep your brand safe and get your trademark faster. And if you need help, IndiaFilings is here to guide you through the Expedited Trademark Registration process. Just contact us, and we will make the expedited trademark application process easy for you!

Expedited Trademark Registration

Introduced in 2018 as part of the government’s initiative to streamline trademark registration, the trademark expedited examination procedure for trademarks in India is commonly called the “Fast Track Examination” process. This innovative approach enables businesses to secure fast trademark registration than the standard route.

The regular examination process traditionally entails 18-24 months for the Trademark Registry to scrutinize a trademark application. In contrast, in the fast track trademark registration India, the examination process dramatically accelerates this timeline, with expedited trademark applications undergoing examination within 3-4 months of filing. This expedited procedure empowers businesses to obtain fast trademark registration swiftly, providing enhanced safeguards for their brand identity and preempting unauthorized trademark use.

Eligibility Criteria for Expedited Trademark Registration

Anyone who has filed a trademark application in India can request an expedited examination. This will drive the expedited process of an application for the registration. To get the benefit of the expedited trademark application process, the applicant needs to meet specific eligibility criteria, as outlined below:

Eligible Applicants for Expedited Trademark Application

The examination process of expedited trademark registration is available 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 file their fast track trademark application using the online filing facility provided by the Trademark Registry. This digital submission ensures efficient trademark expedited process and tracking of expedited trademark applications.

Expedited Examination Fee

To opt for expedited examination, the applicant must pay an expedited examination fee. This fee is higher than the standard examination fee and is essential to expediting.

Valid reasons for filing Expedited Trademark Registration

The following are the good reasons for filing an expedited examination request for a trademark application in India and getting the fastest trademark registration:

Potential trademark infringement or misrepresentation
Ongoing legal disputes
Necessity for registration to secure funding or investments
Requirement for registration to engage in trade fairs or exhibitions
Essential for licensing or franchising purposes

Expedited Trademark Registration Timeline

As mentioned above, it can take a long time, sometimes even years, to get a trademark registered. However, the trademark expedited process of an application for the registration can significantly cut the wait time. In India, using this fast track – Expedited Trademark Registration, the whole process can be finished in just 3-4 months from when you apply.

Benefits of expedited trademark registration

The expedited trademark registration process offers businesses a quicker and more efficient way to secure legal protection for their brand identity.

Faster Brand Protection: The trademark expedited process allows businesses to obtain trademark registration faster than the standard procedure.
Support for Smaller Entities: Start-ups and small businesses often have limited resources and need swift brand protection to establish themselves in the market.
Resource Allocation: The expedited process is precious for entities with constrained budgets.
Educational and Government Entities: Educational institutions can leverage this process to shield their brand identity related to various programs and initiatives.

Validity of Expedited Trademark Registration

A trademark registration obtained via expedited examination in India holds the same duration as a regular examination – 10 years from the registration date. It can be perpetually renewed upon payment of the designated fee.

Procedure for Expedited Trademark Registration in India

The process of expedited trademark registration begins with submitting a trademark application. Here’s an overview of the steps involved:

Trademark Application Submission:

The process commences with submitting a trademark application to the relevant authority, such as the Trademark Registry in India.

The application should include all necessary details about the trademark, its owner, and the goods or services it will be associated with.

Objection and Response:

After the application is filed, it goes through an examination process by a trademark examiner.

If objections or issues are raised during the examination, the applicant will receive an examination report outlining these concerns.

Request for Expedited Examination:

If the applicant wishes to expedite the process due to specific circumstances, such as potentially irreparable harm, they can request expedited examination and the prescribed fee.

Examination Report and Response:

Once the request for expedited examination is filed, the examination report is typically issued within a month.

The applicant must then respond to the examination report within a month, addressing any objections raised.

Advertisement and Acceptance:

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

The advertisement allows third parties to raise objections, if any.

If no objections are raised or successfully resolved, the trademark can proceed to acceptance.

Hearing (If Necessary):

A hearing may be required during the expedited examination process in some instances.

The applicant must attend the hearing and present their case before the trademark examiner.

Final Decision and Registration:

Following the hearing (if applicable) and considering all evidence presented, the trademark examiner issues a final decision.

If the decision favors the applicant, the trademark is accepted for registration, and the registration certificate is issued.

The decision to opt for expedited examination depends on the applicant’s specific circumstances and the need for swift trademark protection. Once, the decision is finalized, there is the completion of trademark registration expedited process.

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