Why Should You Opt for a Fast-Track Trademark Application? – The Expedited Trademark Application Explained
Harshdeep Singh Narula
Harshdeep Singh Narula, a practicing Company Secretary (CS) and Fellow member (FCS) of ICSI, brings over 6 years of expertise to the field. Specializing in Intellectual Property, Corporate Laws and Startup advisory, and is said to be a trusted advisor for businesses, ensuring compliance and success through his commitment to excellence and ethical practices.
He has also obtained degree in Bachelor of Law (LL.B) & Bachelor of Commerce (B.CoM).
In today’s fast-moving business world, securing your brand identity swiftly can offer a significant competitive edge. A trademark serves as a shield, protecting your brand name, logo, or tagline from misuse or imitation. However, the standard process of trademark registration in India is time-consuming—it may take 12 to 18 months or more to reach final registration. For businesses that cannot afford such a lengthy wait, the fast-track or expedited trademark application process offers a viable solution. But what exactly is a fast-track application, and why should businesses consider opting for it?
Let’s delve into the benefits, eligibility, process, and conditions of the expedited trademark application and understand why it can be a game-changer for startups, MSMEs, and established enterprises alike.
Understanding Fast Track Trademark Application
A fast track or expedited trademark application is an optional provision introduced by the Indian Trademark Office under Rule 34 of the Trade Marks Rules, 2017. This facility allows an applicant to request accelerated processing of their trademark application—from examination to publication—relative to the standard procedure.
Under this rule, the applicant can apply for a trademark under the Form TM-M (for request) along with the trademark filing Form TM-A by paying a prescribed additional fee. This leads to quicker issuance of the Examination Report, speedy disposal of objections, and faster publication in the Trademark Journal.
Key Advantages of the Expedite Route
Here’s why opting for a fast-track trademark application can be highly advantageous:
- Speedy Brand Protection
The most obvious benefit is the shortened timeline. In regular applications, it could take a year or longer to even reach the examination stage. With fast-track applications, this time is drastically cut down to just a few weeks or months. This helps protect your brand identity quickly, especially in competitive or time-sensitive markets.
- Early Brand Enforcement Rights
Once your trademark is published in the Trademark Journal (even before final registration), you get the status of a trademark owner. This allows you to initiate legal proceedings against infringers. The expedited route helps you reach this milestone much quicker.
- Competitive Business Strategy
In sectors like tech, fashion, and food, timing is everything. A trademark that’s registered fast can be used more freely in marketing, packaging, and online platforms with reduced risk of litigation. Fast-track registration allows businesses to scale and expand with greater legal security.
- Enhances Investor Confidence
Startups and growing companies seeking funding can greatly benefit from this facility. Investors often scrutinize IP protection strategies before investing. Filing a trademark application under the expedited route signals that the company takes its brand rights seriously, making it more attractive to venture capitalists or angel investors.
- Useful in Cases of Infringement
If someone is misusing your brand or logo, waiting a year for a regular trademark examination might cause irreparable damage. An expedited application can be used as proof of serious IP ownership intention and may assist in obtaining interim reliefs in court more efficiently.
Who Can Apply for a Fast Track Trademark?
The expedited option is available to all applicants, whether individuals, companies, LLPs, startups, or foreign entities. However, it is most useful for:
- Businesses involved in time-bound product launches
- Startups with innovative IP
- Companies entering international markets
- Litigation-prone industries such as pharmaceuticals or technology
Note: There is no requirement to demonstrate urgency or submit special justification—anyone can opt for this by paying the applicable fee.
Application Process and Filing Requirements
Here’s a step-by-step overview of how the fast-track trademark application works:
1. Filing the Trademark(Form TM-A)
The first step is to file your trademark application using Form TM-A, which is the standard form for all trademarks.
2. Request for Expedited Processing (Form TM-M)
Simultaneously or immediately after Form TM-A, you must file Form TM-M requesting expedited processing. This form must specify that you wish to apply under Rule 34 of the Trademark Rules.
3. Additional Fees
There is a substantial additional government fee associated with the expedited option.
a. For individuals/startups/SMEs: ₹20,000
b. For others: ₹40,000
(Note: These are over and above the normal trademark filing fees.)
4. Examination & Objections
If all documents are in order, the Examination Report will be issued within 4-5 weeks instead of several months. If objections arise, you will be invited for a hearing or clarification in an expedited manner.
5. Advertisement in Journal
If there are no objections or they are resolved quickly, your trademark will be advertised in the Trademark Journal within a relatively short period.
6. Opposition Period
The standard opposition window of 4 months still applies even for expedited applications.
7. Registration Certificate
Once the opposition period ends without any challenge or the opposition is resolved in your favor, the Trademark Registration Certificate is issued.
Things to Consider Before Choosing Fast Track
While expedited trademark registration sounds attractive, there are a few practical aspects to consider:
a. Cost Factor: The additional filing fee might not be feasible for all, especially bootstrapped startups.
b. No Shortcuts in Opposition Period: The opposition phase remains unchanged, so final registration could still be delayed if challenged.
c. Document Preparedness: Ensure that your trademark documents are accurately drafted and that the classification is precise.
Conclusion
Opting for a fast-track trademark application is a strategic move for businesses that prioritize early brand protection, market expansion, and investor readiness. In an age where brand identity directly influences consumer trust and market reputation, securing your trademark rights swiftly can provide a major business advantage.
Though the process demands higher fees and proactive document management, the speed, legal strength, and business credibility it offers make it well worth the investment—especially in competitive or innovation-driven industries.
If protecting your brand quickly is your priority, the expedited trademark route is not just a convenience, but a necessity.
For any clarifications or queries, please feel free to reach out to us at admin@fintracadvisors.com
Disclaimer
The content published on this blog is for informational purposes only. The opinions expressed here are solely those of the respective authors and do not necessarily reflect the views of Fintrac Advisors. No warranties are made regarding this information’s completeness, reliability, or accuracy. Any action taken based on the information presented in this blog is strictly at the reader’s own risk, and we will not be liable for any losses or damages resulting from its use. It is recommended that professional expertise be sought for such matters. External links on this blog may direct users to third-party sites beyond our control. We do not take responsibility for their nature, content, or availability.
