Expedited Trademark Registration: Fast-Track Your Brand Protection

From big to small companies, they trademark their unique mark to secure the exclusive rights. Trademark registration has been accepted as a legal process for obtaining exclusive rights. However, the registration process is typically longer, taking 6 to 18 months in India. Whereas in the US, the registration timeline exceeds 1-2 years. However, the challenge is as follows: To reduce the timeline, the expedited trademark registration was introduced. It is a fast-track process, accepted by only a few countries, including India. This comprehensive guide will explore the complete process of fast-track trademark registration, including benefits and eligibility. Discover more in the next section.

1. The Understanding of Trademark Registration

Companies in India usually trademark their brand or organization logo or any unique mark to protect it from unauthorized use. Through the registration, they get the exclusive rights to their brand logo, name, or slogan. By getting the national coverage and rights, the owner of the brand logo can take action against the offender. Once registered, the owner can use the trademark symbol on their unique mark to avoid unauthorized use activities. But here is a drawback for applicants. To trademark, they need to wait for a long period, up to 6 to 18 months, or it can be extended. Due to this, the businesses face long timeline challenges.

1.1 Businesses Face Trademark Application Timeline Challenges

The common issues faced by companies that result in delays in the trademark filing process:

• Administration Access

People apply for trademarks in high volume to trademark offices. However, in comparison to the high volume, the authority staff is limited. This leads to administration backlogs.

For example, in India, the companies suffer from a longer initial examination process, which often lasts up to one year. This happened due to the low examiners’ experience capacity.

• Objection by Examiner

After the trademark filing process, it is reviewed by the examiner to ensure legal compliance and mark existence. However, the verification process can be increased when the examiner raises objections for various reasons. These reasons can be a lack of uniqueness, similarities with existing marks, incomplete documents, or errors.

• Legal Action by Third-Party

 Once the logo or name trademark is displayed on the official journal portal. In case a third party finds that your mark would impact their business existence, they can take action. While it includes the legal proceedings and hearings, it increases the registration timeline.

• Mistake by Applicant

The application approval period is often delayed due to an invalidating act of an applicant. Often, applicants avoid searching deeply before filing. The poor prior research is the main reason for the application delay. Avoiding the office actions and skipping hirings are other major reasons.

The expedited trademark registration plays a vital role in reducing the registration timeline.

2. What Is Expedited Trademark Registration?

Expedited trademark registration is the filtered process of trademark registration. Through the trademark expedited process, it can measurably compress the waiting time for registration. This fast-track method is not only beneficial for businesses but also for early-stage companies and start-ups, including MSMEs.

Let’s understand it by taking an example: Suppose you are the owner of a start-up and want to reduce the trademark registration timeline, which is more than 18 months. In this case, you will proceed to expedited trademark filing. Now, this 18-month registration timeline will be reduced to 3-4 months. 

3. How Expedited Trademark Filing Works?

1. Increase Examination Process: Where the examination time takes more than 18 months, the fast-track methods are increased and make it quicker than the usual lengthy procedure.
2. Adds Priority Tag: The officials and examiners highly prioritize such applications. It directly fastens the examination and registration steps.
3. Urgent Requirement: Expedited trademark filing is usually referred to as urgent trademark registration. It is beneficial for startups to avoid the complexities.

4. Difference Between the Fast-Track Method & the Standard Filing

Every registration method has its own positive and negative points. Here it is in more detail.

5. What are the Reference Applicable laws in India for Expedited Filings?

• Authority: The Indian Trademark Registry reviews the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). 
• Rule 34 of the Trade Marks Rules, 2017: This rule monitors the “Expedited Processing of Application.” It makes the trademark registration process faster.
• Filing Form TM-M: For the expedited trademark filing, the companies must use the Form TM-M.
• Eligibility: To expedite the registration process, the applicants pay the extra fees. It is often preferred as beneficial for startups and small individuals.

6. Why Choose Expedited Trademark Registration?

The trademark expedited process offers swift brand protection. The benefits of expedited trademark registration are:

• In the short timeframe, it offers secure trademark exclusive rights. 
• Through the faster registration process, this method offers exclusive rights before registration by unauthorized users. 
• It effectively maintains the market’s distinctiveness. The faster registration helps the company to protect the unique mark of the company against other persons.
• The quicker trademark registration process helps the company to enhance its brand credibility.
• The businesses that have limited resources to grow faster can use the fast-track brand registration method. Without the delay, the companies can establish themselves in competitive markets.

7. The Eligibility for Fast-Track Trademark Registration

Before navigating the trademark expedited registration process, the companies first need to fit into its requirements. The eligibility requirements for registration are:

8. Step-by-Step Process for Expedited Trademark Filing

Prior to expedited trademark filing, understand the legal requirements with applicable rules and regulations. To streamline the registration process, reach out to a legal professional. Seek an expert consultant from LegalRaasta to smooth the procedure.

While the steps included:

Step 1: Ensure Selected Trademark Existence

Before proceeding to the fast-track brand registration process, you must check the selected trademark database to ensure its existence. If it does not exist and is unique, apply for trademark registration online.

Step 2: IP India Expedited Filing

Trademark application filing: Complete the Form TM-A through the IP India portal. Must mention the details about the logo or word that you want to trademark. The additional details include the applicant’s details and the goods or services you manage.

Step 3: Separate Form for Expedited Filing

To expedite the trademark registration process, the applicant needs to file a separate form apart from the main trademark application. Fill in the details in Form TM-M and pay the prescribed registration charges. Add the justification for why you want to reduce the examination timeline, such as urgent needs to launch a product.

Step 4: Get Examination Report

Once the expedited trademark application is approved, the examination stage is conducted, and an examination report will be issued by the examiner within a few months.

Step 5: Respond to Objections

If any errors or missing information are found, the examiner will raise the queries that you need to respond to in a short period. Within 30 days, address the objections to avoid registration delay. Meanwhile, the objections can be legal issues, court laws, or providing the evidence.

Step 6: If required, Attend Hearings

If the reviewer is not satisfied with your response, you might be required to attend a legal hearing to present your case to the registrar.

Step 7: Display in the Trademark Journal

After a successful objection response, the application will be displayed in the official Trademark Journal for a short period (e.g., for 4 months). During this period, the opposition party can raise queries regarding the trademark application if they find any similarities.

Step 8: Approval of Trademark Certificate

If there is no response raised by the opposition party, the application registration will be officially registered, and the examiner will issue the ‘Trademark Registration Certificate.’

9. Expedited Trademark Application Timeline & Renewal

As mentioned in the above section, the standard trademark filing process is a little lengthy, often taking a year. However, these challenges can be reduced with fast-track brand registration, also known as ‘Expedited Trademark   From the date of application, the examination process can be completed within 3 to 4 months. Obtaining the trademark registration certificate is not only the last requirement. To meet its compliance standards, businesses need to apply for the expedited trademark renewal after a subsequent 10-year period. A registered trademark is only valid for 10 years. Although the registration process of an expedited trademark is similar to that of a regular trademark.

10. The Key Considerations and Tips

When to opt for expedited processing? There are various reasons to choose the expedited processing method. The key reasons to opt for expedited processing are:

• When you get triggered about your trademark being used by an unauthorized person. Choosing the expedited method is crucial to getting faster official registration.
• When a business wants to get faster market entry to launch their new product or service.
• The registered trademark rights offer the advantage of securing funding faster.
• To expand the business in global markets, the operator is required to follow the expedited trademark registration process to support their brand protection strategy.

Note: By selecting the trademark expedited process method, businesses can protect their brand when launching products urgently in new markets.

11. Streamline Trademark Expedited Process with LegalRaasta

The small businesses or startups can swiftly get faster brand protection with expedited trademark registration. To make it smoother and quicker, LegalRaasta is here to provide you with the best legal assistance. The experienced experts will guide you throughout the fast-track trademark registration process. For more details and the registration package, visit LegalRaasta.com.

12. Frequently Asked Questions Related to Fast-Track Trademark Registration.

1. What is expedited trademark registration?

Ans. Trademark registration is the legal process to get the exclusive rights for a business or individual’s unique mark. The fast-track brand registration process reduces the processing time and makes it a faster way to safeguard a brand.

2. What is the cost of the expedited process?

Ans. It is generally higher than the standard trademark registration. For individuals, startups, and small businesses, the cost can range up to Rs 20,000. Meanwhile, for the other entities, the fee ranges up to Rs 40,000.

3. What is the Trademark Application Timeline?

Ans. The timeline for the expedited trademark application is much shorter, typically 3-6 months.

4. Which application form is used for a quick trademark?

Ans. For the quick trademark, the businesses can use the expedited trademark process. You need to first file the initial trademark application and then submit a request application by using Form TM-M.

5. Is the expedited trademark registration fee refundable?

Ans. No, once the government expedited registration fee is paid, it will not be refunded in India.