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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

STEP 01
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.

 Trademark Search
STEP 02
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.

Class Determination
STEP 03
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.

Authorization to TM Attorney
STEP 04
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.

Review By TM Office
STEP 05
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.

Application Review
STEP 06
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.

Expedited Examination of TM
STEP 07
Personal Hearing Before Registrar

Personal Hearing Before the Registrar: In the first instance the objection raised is in the examination report is resolved by submitting a reply to the same. However, in case the registrar is not satisfied with such a reply a personal hearing is immediate remedy wherein the applicant has to prove novelty of his trademark.

Personal Hearing Before Registrar
STEP 08
Publication and Opposition

Once the examiner of trade mark is satisfied the application is published in trademark general so as to invite opposition from public at large, any aggrieved person can file an opposition to the trademark application within 4 months from the date of the publication of the trademark.

Expedited Examination of TM
STEP 09
Registration and Renewal

At the end in all objections and opposition if any, is resolved to the satisfaction to the registrar, the trademark application is accepted and a certificate of registration is issued. The validity of registration of a registered trademark is 10 years only reckoned from the date of application, however, it can be renewed indefinite number of times.

Registration and Renewal

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/-