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FAST TRADEMARK REGISTRATION

Examination of Trademark application and issuance of examination report is integral and very important aspect in registration of trademark in India. By paying 5 times of the Government applications fees, the examination report may get issued within 3 months itself. In contrast to the period of 6-9 months in ordinary course.

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Fast track Examination of Trademark

The process of registration of trademark gets initiated with the filing of a Trademark Application before the appropriate office of the Registrar of Trademark. The trademark application can been filed as an ordinary trademark application in Form No. TM-1 with a prescribed fees of Rs. 4,000/- for application in one class. If a TM application is to be filed in multiple classes, then said fees of Rs. 4,000/- to be paid for each such class. However, by paying 5 times of the normal filing fees.

The expedited examination of trademark application can be requested in Form No.63 wherein the applicant had to give specific reasons as to why the application should be examined on fasttrack basis. Based upon the submission in the fast track application if the registrar is convinced he may order an expeditious examination of trademark application. The examiner of trademarkshall therefore examine the mark and issues an examination report within a period of 3 months.

Expedited Trademark Process

fast track trademark search

1 -Trademark Search

The Registrar of Trademark maintains a register of all trademark registered in India or applied, the same can be searched to ascertain whether the applicant's trademark is same or similar to any other mark which has already been registered or which is pending before the Registrar Trademark for its registration. A thorough search must be conducted in all classes of trademark to ascertain the same.

tm class determination

2. Class Determination

There are 45 classes of trademark under which a TM application can be filed for seeking its registration. The classification is in conformity with nice classification. The class 1 to 34 is with respect to goods whereas class 35 to 45 is with respect to services. The trademark application must be filed be in appropriate class based on the trade/service description.

trademark authorisation for tm filing

3. Authorization to TM Attorney

The application to the registrar of trademark can be filed with the help of a trademark attorney. However, to authorize such an attorney the applicant must issue the formal authorization in the prescribed form TM-48, the said form is in the nature of a Power of Attorney hence, it must carry stamp duty of Rs. 100/- preferably, it should also be notarized.

trademark search

4 - Filing of Trademark Application

Once the TM-48 and all other requisite information is obtained in terms of our trademark questionnaire we prepare a demo application and send across to our customer for their confirmation. After receiving the confirmation TM application is filed with a government fees of Rs. 4,000/- within 24 hours. In case of expeditious application of the Government fees is 5 times the ordinary fees.

documentation for tm filing

5. Application Review

The trademark office after receipt of a TM application, categories it as a new application and reviews it to find out if the application is complete in all respect and that the classification is according to its description. If it is found to be correct the application is marked for examination otherwise a clarification may be sought..

filing of tm Application

6. Expedited Examination of TM

Based on the submissions in the expedited application the registrar decides whether examination can be fast tracked or not, if yes then the examination report is within 3 months. The examiner may object the registration upon absolute ground of refusal or relative ground of refusal under the Trademark Act, 1999. Such objection must be resolved in order to get it published.

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Free Startup Advise

As startups you may have many questions, we love to answer all of them for free.

systematic & planned

Systematic & Planned

Whatever we do, we plan and discuss so that the process remain systematic and smooth.

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Privacy of Data

The information, documents and Ideas which you share is 100% secure and safe with us

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Trademark Filing Cost

Expense Head for Tm Filing

  • 1Professioanl Fee
  • 2Government Filing Fee
  • 3GST @ 18% on Prof Fee
  • Total

For Individiul/Startup/small Enterprise

  • 1Professioanl Fee
    15000
  • 2Government Filing Fee
    24500
  • 3Service Tax @ 15% on Prof Fee
    2250
  • Total
    41750/-

Advantage of Trademark Rgistration | Brand Name Registration | Logo Registration

legal protection

Legal Protection

Registration of trademark confers exclusive right on the owner of the Trademark to use it exclusively or to allow some other person to use the same at a price. For any unauthorized use of trademark infringement proceeding may be initiated against the wrong doer.

unique identity

Unique Identity

Trademark gives a unique identity to the brand, product or the business name. After it gets registered the competitors can not copy or use your brand or logo. The uniqueness must be claimed at the earliest and before any one else does it

creation of an asset

Creation of An Asset

Trademark is considered as an intellectual property rights which is in the nature of an asset having pecuniary value. It can be sold or licensed for further generation of funds. By registering a trademark thus the owner creates an asset having value

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What is a trademark?

In common language trademark is the identity of the business. General public and people in connection with the trade identifies with trade mark the origin of the goods and services. It could be name, logo, symbols, device or a combination of them.

What are the different types of trademark?
Why we should file for trademark registration?
Who can file Trademark application?
What is the validity period of trade mark application?
Can a trade mark be transferred to any other person?
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