You can pay to have a trademark examined faster in India — but for years the catch was that only the examination was expedited, while everything after it crawled along at normal pace. The 2017 Rules addressed exactly that gap.
Update: This piece was written under the 2002 Rules (Form TM-63). Under the Trade Marks Rules, 2017, expedited processing is requested on Form TM-M (Rule 34), and — importantly — it now covers not just examination but the subsequent stages up to registration, fixing the core limitation described below. The fee remains a significant premium over ordinary filing.
The original provision (2002 Rules)
Rule 38 of the 2002 Rules let an applicant request expedited examination on Form TM-63, with a declaration of reasons, on payment of five times the application fee. If satisfied, the Registrar would issue the examination report within three months.
The problem it left
Expedited examination sped up one stage only. After the report, the Office resumed normal pace for the hearing, acceptance, advertisement and registration — so a client who genuinely needed the whole registration accelerated for business reasons got limited benefit. Expediting examination in a multi-step process is like fast-tracking the first mile of a marathon.
For perspective, the piece noted that UK processing then took roughly 10 days, raising the fair question of why India’s normal pace lagged so far behind.
How the 2017 Rules improved it
The 2017 Rules widened the remedy: expedited processing (now via Form TM-M, Rule 34) extends beyond examination to the later stages up to registration, subject to the prescribed higher fee. That is the comprehensive expedited route the earlier regime lacked — a meaningful improvement for applicants who need speed end-to-end, not just at examination.
Practical guidance
- Use the current Form TM-M route for expedited processing, and budget for the premium fee.
- Expedite when speed has real value — an imminent launch, enforcement need, or investment timeline.
- Clearance still comes first. Speed does not cure a conflict — run a proper trademark search before filing.
Frequently asked questions
Can I get a trademark examined faster in India? Yes. Expedited processing is available — now via Form TM-M under the 2017 Rules — for a higher fee.
Did expedited examination speed up the whole process? Under the old 2002 Rules, no — only examination was expedited. The 2017 Rules extended expedited processing through the later stages up to registration.
Which form is used now? Form TM-M under Rule 34 of the Trade Marks Rules, 2017 (the older route used Form TM-63).
When is it worth paying for expedited processing? When speed genuinely matters — a product launch, enforcement need, or investment deadline.
Useful official resources
- The Trade Marks Act, 1999
- IP India trademark e-filing portal