Trademark fast track in India requires Form TM-63 (Rs 12,500 for individuals/startups/MSMEs or Rs 25,000 for companies per class) filed after TM-A application. It reduces the First Examination Report waiting time from 3-12 months to approximately 1 month, with total registration in 6-9 months if no objections arise.
Trademark Fast Track Application Fees and Timeline
Expedited trademark examination in India operates through Form TM-63, filed under Rule 38(1) of the Trade Marks Rules 2017. The process has 2 separate government fees: the TM-A application fee paid when the trademark is filed, and the Form TM-63 expedited examination fee paid after the application number is assigned. The TM-63 fee is Rs 12,500 per class for individuals, DPIIT-recognized startups, and Udyam-registered MSMEs; for companies, LLPs, and all other entities it is Rs 25,000 per class, consistent with the 1:2 ratio applied uniformly across the Trade Marks Rules 2017 fee schedule.
After TM-63 is accepted, the Examiner issues the First Examination Report (FER) within approximately 1 month instead of the 3 to 12 months typical on the standard track. The mandatory 4-month opposition window and all subsequent stages are identical on both tracks. This guide covers every fee component with the correct Form TM-63 details, the declaration requirement, the complete step-by-step process, and a realistic timeline so you can plan and budget accurately.
Contents
- What Is the Trademark Fast Track Process in India?
- What Are the Government Fees for a Trademark Fast Track Application?
- What Is Form TM-63 and What Must the Declaration Contain?
- Who Qualifies for the Reduced Rs 12,500 TM-63 Fee?
- What Happens After Filing TM-A and TM-63?
- How Long Does Trademark Registration Take on the Fast Track?
- How Much Do Trademark Agents Charge as Professional Fees?
- What Are the Most Common Questions About Trademark Fast Track?
What Is the Trademark Fast Track Process in India?
Under Rule 38(1) of the Trade Marks Rules 2017, an applicant can request the Registrar of Trade Marks to issue an expedited examination report. The request is made through Form TM-63, which is filed separately after the main TM-A trademark application is submitted and an application number is assigned. On accepting the Form TM-63 request with payment, the Registry moves the application to the front of the examination queue.
The fast track does not change the examination criteria: the Examiner applies the same legal standards under Sections 9 and 11 of the Trade Marks Act 1999. What changes is the waiting time for the First Examination Report (FER), which reduces from a standard 3 to 12 months to approximately 1 month.
| Feature | Fast Track (Form TM-63, Rule 38(1)) | Standard Examination |
|---|---|---|
| Additional form required | Form TM-63 (filed after TM-A) | None (TM-A only) |
| Additional government fee | Rs 12,500 / Rs 25,000 per class | Nil |
| Declaration of reasons required | Yes (mandatory accompanying declaration) | Not required |
| Examination waiting time | Approximately 1 month | 3 to 12 months (current average) |
| FER standards and content | Identical to standard | Identical to fast track |
| Journal advertisement | Mandatory (same process) | Mandatory (same process) |
| Opposition window under Section 21 | 4 months (statutory, cannot be shortened) | 4 months (statutory) |
| Minimum time to registration (no objections) | 6 to 9 months | 12 to 24 months |
Key Facts: Form TM-63 Fast Track at a Glance
- Form: TM-63 (not TM-A; not TM-M); filed separately after TM-A is submitted and the application number is received
- Rule: Rule 38(1) of the Trade Marks Rules 2017
- Fee (Individual / Startup / MSME): Rs 12,500 per class
- Fee (Company / LLP / Others): Rs 25,000 per class
- Declaration: Mandatory; must state specific reasons (infringement risk, investor requirement, Madrid Protocol filing, licensing deal, court proceedings)
- Effect: FER within approximately 1 month; all post-examination stages are the same as the standard track
- Total government fee (individual, 1 class): Rs 4,500 (TM-A) + Rs 12,500 (TM-63) = Rs 17,000
- Total government fee (company, 1 class): Rs 9,000 (TM-A) + Rs 25,000 (TM-63) = Rs 34,000
What Are the Government Fees for a Trademark Fast Track Application?
The total government fee payable for a fast track trademark application is the sum of the TM-A application fee and the Form TM-63 expedited examination fee. Both are payable online through the IP India portal at ipindia.gov.in. Physical filing attracts an additional Rs 500 per class surcharge on the TM-A component.
Individual / Startup (DPIIT) / MSME (Udyam) — Per Class
Company / LLP / Partnership / Trust / Others — Per Class
Complete Fee Schedule: Trademark Government Fees Reference
| Fee Component | Form | Individual / Startup / MSME (E-file) | Company / LLP / Others (E-file) |
|---|---|---|---|
| Trademark application (per class) | TM-A | Rs 4,500 | Rs 9,000 |
| Expedited examination (per class) | TM-63 | Rs 12,500 | Rs 25,000 |
| Renewal every 10 years (per class) | TM-R | Rs 9,000 | Rs 18,000 |
| Notice of opposition (per class) | TM-O | Rs 2,700 | Rs 5,400 |
| Counter-statement to opposition (per class) | TM-O | Rs 2,700 | Rs 5,400 |
| Paris Convention priority claim (per class) | With TM-A | Rs 2,700 | Rs 5,400 |
| Request for certified copy | TM-M | Rs 800 | Rs 800 |
| Assignment recordal | TM-P | Per current schedule | Per current schedule |
Why Form TM-63 Is Expensive: The Business Case for Fast Track
At Rs 12,500 to Rs 25,000 per class for expedited examination alone, the fast track is a premium product. It makes commercial sense when: (a) a competing brand has entered the market and you need registered status to pursue infringement action, since a pending application gives limited interim relief compared to a registered mark; (b) a VC or PE investor requires registered trademark status as a condition for funding; (c) you are applying under the Madrid Protocol for international registration, and the international application relies on the India base application, making faster India acceptance commercially valuable; or (d) a licensing or franchise partner contractually requires proof of registered status. If none of these pressures apply, the standard track with a good trademark search is sufficient for most businesses.
What Is Form TM-63 and What Must the Declaration Contain?
Form TM-63 is the official form under the Trade Marks Act 1999 for requesting expedited examination of a trade mark application. It is filed after the TM-A application is accepted by the Registry and an application number is assigned. The form references the existing application by its number and class and formally requests the Registrar to issue the FER on a priority basis.
Fee: Rs 12,500 (Individual) / Rs 25,000 (Others) Application for expedited examination under Rule 38(1)
Application No: __________ | Class: __________ | Filed on: __________
“I (we) hereby request the Registrar for the issuance of an expedited examination report in respect of the above mentioned application.”
“The reasons for the request is mentioned in the accompanying declaration.”
Addressed to: The Registrar of Trade Marks Office of the Trade Marks Registry (relevant office)
What Reasons Are Accepted in the Declaration?
The declaration accompanying Form TM-63 must state specific, credible reasons for the urgency. The Registrar may reject a declaration that is vague or formulaic. The following categories are widely accepted:
Warning: A Rejected TM-63 Declaration Does Not Refund the Fee
If the Registrar does not accept the declaration accompanying Form TM-63 because the stated reasons are insufficient, the application reverts to the standard examination queue. The Rs 12,500 or Rs 25,000 TM-63 fee is not refunded in such cases. Always prepare a specific, documented declaration with supporting evidence attached before filing TM-63. A trademark agent experienced in expedited proceedings can review the declaration before submission to ensure it meets the Registrar’s expectations. Filing a generic declaration to “try your luck” on the fast track wastes the entire TM-63 fee with no upside.
Who Qualifies for the Reduced Rs 12,500 TM-63 Fee?
The Trade Marks Rules 2017 apply a consistent 1:2 fee ratio between concessional applicants (individuals, startups, MSMEs) and standard applicants (companies, LLPs, and other entities) across every form and every fee in the schedule. The TM-63 expedited examination fee follows this same ratio: Rs 12,500 for concessional applicants and Rs 25,000 for standard applicants. The 3 categories that qualify for Rs 12,500 are:
| Applicant Category | TM-A Fee (e-filing) | TM-63 Fee | Proof Required |
|---|---|---|---|
| Individual (natural person) | Rs 4,500 | Rs 12,500 | PAN card of the individual; mark filed in personal name |
| Startup (DPIIT-recognized) | Rs 4,500 | Rs 12,500 | DPIIT Certificate of Recognition (Startup India portal); must be valid at time of filing |
| Small Enterprise (Udyam-registered) | Rs 4,500 | Rs 12,500 | Udyam Registration Certificate; enterprise must qualify as Micro, Small, or Medium |
| Company (Pvt Ltd / Ltd) | Rs 9,000 | Rs 25,000 | No concession available; standard rate applies regardless of size |
| LLP / Partnership firm | Rs 9,000 | Rs 25,000 | No concession available |
| Trust / Society / HUF | Rs 9,000 | Rs 25,000 | No concession available |
A common cost-saving strategy for early-stage founders is to file the trademark in the individual founder’s name (Rs 4,500 TM-A + Rs 12,500 TM-63 = Rs 17,000 per class) rather than in the company name (Rs 9,000 + Rs 25,000 = Rs 34,000 per class). The mark can later be assigned to the company through an assignment deed recorded at the Registry. The assignment fee and timeline add to the total cost, but the initial saving of Rs 17,000 per class on the fast track is significant. Evaluate whether the company will be incorporated and funded by the time the mark is registered; if so, filing in the company name avoids the assignment step entirely.
What Happens After Filing TM-A and TM-63?
The trademark registration process has 6 stages from TM-A filing to Registration Certificate. Form TM-63 accelerates Stage 2 only; all other stages are the same regardless of which track the application is on.
TM-A Filed: Application Number and Priority Date Assigned Immediately on submission and payment, the portal generates an application number and filing date. The filing date is your priority date for all future disputes. File Form TM-63 with the declaration and Rs 12,500 / Rs 25,000 payment immediately after receiving the application number.
Examination and First Examination Report (FER) Issued The Trade Marks Examiner reviews the application for absolute grounds objections under Section 9 (mark is descriptive, deceptive, or lacks distinctiveness) and relative grounds objections under Section 11 (mark conflicts with existing registered or pending marks). The FER either accepts the mark outright or raises objections that must be addressed.
FER Reply Within 30 Days and Show Cause Hearing If Needed If the FER raises objections, a written reply must be filed within 30 days of the FER date. If the Examiner is satisfied, the application is accepted. If not, a Show Cause Hearing is scheduled. At the hearing, legal arguments and evidence are presented before the Registrar’s officer. Missing the 30-day FER reply deadline results in the application being treated as abandoned; the filing fee and TM-63 fee are both forfeited.
Acceptance and Advertisement in the Trade Marks Journal After the examination is cleared, the mark is accepted and advertised in the Trade Marks Journal (published weekly on the IP India website). The advertisement date triggers the 4-month opposition window. You can use the TM symbol freely once the mark is accepted; the R-in-circle symbol is reserved for registered marks only.
Opposition Window: 4 Months from Journal Advertisement Date Any third party can file a notice of opposition under Section 21 of the Trade Marks Act 1999 within 4 months of the journal advertisement date. This window is a statutory right and cannot be shortened by any payment or process. If a notice of opposition is filed, the applicant must file a counter-statement within 2 months. Opposition proceedings before the Registrar typically take 1 to 4 years to conclude.
Registration Certificate Issued Under Section 23 If no opposition is filed within 4 months (or if opposition is decided in the applicant’s favour), the Registrar issues the Registration Certificate. The registration takes effect from the date of the original TM-A filing, not the certificate date. The mark is valid for 10 years from the TM-A filing date and is renewable in 10-year blocks using Form TM-R.
Common Classes for Indian Businesses
How Long Does Trademark Registration Take on the Fast Track?
The realistic minimum time from TM-A filing to Registration Certificate on the fast track is approximately 6 months when no FER objections arise and no opposition is filed. Most applicants should plan for 12 to 18 months as a conservative estimate, since FER objections and the procedural steps around them add 2 to 4 months to the minimum.
| Stage | Fast Track (TM-63) | Standard Track | Shortcutable? |
|---|---|---|---|
| TM-A filing to FER | ~1 month | 3 to 12 months | Only via TM-63 |
| FER (no objections) to acceptance | 1 to 2 weeks | 1 to 2 weeks | No |
| FER reply + resolution (if objections) | 1 to 4 months | 1 to 4 months | No |
| Show Cause Hearing (if needed) | 1 to 3 months | 1 to 3 months | No |
| Acceptance to journal advertisement | 1 to 2 months | 2 to 4 months | No |
| Opposition window | 4 months (mandatory) | 4 months (mandatory) | No (Section 21 statutory) |
| Opposition proceedings (if filed) | 1 to 4 years | 1 to 4 years | No (adjudicated by Registrar / HC) |
| Total: no objections, no opposition | 6 to 9 months | 12 to 24 months | TM-63 saves 6-15 months |
TM Symbol vs. Registered Symbol: What You Can Use and When
From the moment TM-A is filed, you may place the “TM” symbol next to your mark. This signals a trademark claim without asserting registration. You must NOT use the R-in-circle (Registered) symbol until the Registration Certificate is issued; using it before registration is an offence under Section 107 of the Trade Marks Act 1999 and can result in fines. After TM-63 is accepted and the FER is clean, you reach the acceptance stage earlier than on the standard track, but acceptance does not mean registration. Continue using “TM” through the journal advertisement and opposition window; switch to the R-in-circle only on receiving the Section 23 Registration Certificate.
How Much Do Trademark Agents Charge as Professional Fees?
Trademark agents registered with the CGPDTM charge professional fees in addition to the government fees. Their fees are not regulated and vary by city, experience level, and scope of work. The table below shows indicative ranges for each stage of the trademark lifecycle, exclusive of all government fees.
| Service | Typical Professional Fee | Notes |
|---|---|---|
| Trademark search (preliminary) | Rs 500-2,000 | IP India database search for identical and similar marks; report with risk assessment |
| TM-A filing | Rs 2,000-5,000 per class | Form preparation, class selection advice, goods/services description, e-filing, and acknowledgement |
| Form TM-63 preparation and filing | Rs 3,000-6,000 | Includes drafting the declaration of reasons with supporting documentation; separate from TM-A charge |
| FER reply (straightforward) | Rs 3,000-8,000 | Written reply with standard legal arguments where objections are minor |
| FER reply (complex: prior art conflicts) | Rs 8,000-20,000 | Detailed reply with evidence compilation, user affidavit, coexistence arguments |
| Show Cause Hearing representation | Rs 5,000-25,000 | Preparation and appearance before Registrar or hearing officer; oral and written submissions |
| Opposition counter-statement | Rs 8,000-20,000 | Drafting and filing counter-statement; government fee (Rs 2,700/5,400) is additional |
| Trademark renewal (TM-R) | Rs 2,000-5,000 | Filing of 10-year renewal; government fee (Rs 9,000/18,000 per class) is additional |
| Full fast track package (TM-A + TM-63 + FER if needed) | Rs 12,000-35,000 per class | Filing, TM-63 declaration, FER reply (if needed), opposition monitoring; excludes opposition proceedings |
All-In Budget Estimate Per Class
| Applicant Type | Government Fees (TM-A + TM-63) | Professional Fees (Estimate) | Total Budget Per Class |
|---|---|---|---|
| Individual / Startup / MSME | Rs 17,000 | Rs 8,000-15,000 | Rs 25,000-32,000 |
| Company / LLP / Others | Rs 34,000 | Rs 10,000-20,000 | Rs 44,000-54,000 |
What Are the Most Common Questions About Trademark Fast Track?
What is Form TM-63 and what does it cost?
Form TM-63 is the official form for requesting expedited examination of a trademark application under Rule 38(1) of the Trade Marks Rules 2017. It is filed separately after the TM-A application has been submitted and an application number received. The government fee is Rs 12,500 per class for individuals, DPIIT-recognized startups, and Udyam-registered MSMEs; Rs 25,000 per class for all other applicants (companies, LLPs, partnership firms, trusts). The form must be accompanied by a written declaration stating specific reasons for the urgency. Verify the current fee at ipindia.gov.in before filing, as the First Schedule to the Trade Marks Rules is periodically revised.
What is the total government fee for a trademark fast track application?
The total is the TM-A application fee plus the Form TM-63 fee. For an individual filing in 1 class on e-filing: Rs 4,500 (TM-A) + Rs 12,500 (TM-63) = Rs 17,000 in government fees. For a company filing in 1 class on e-filing: Rs 9,000 (TM-A) + Rs 25,000 (TM-63) = Rs 34,000. Professional fees to a trademark agent are charged separately on top of these amounts. Physical filing adds Rs 500 per class to the TM-A component.
What reasons must you state when filing Form TM-63?
The declaration accompanying TM-63 must state specific, evidenced reasons for urgency. Accepted reasons include: ongoing or imminent infringement by a third party (attach evidence of the infringer’s use), investor or due-diligence requirement with a deadline (attach the relevant term sheet clause), Madrid Protocol international filing that depends on India acceptance (attach the WIPO filing acknowledgement), a pending court order or regulatory requirement (attach the order or notice), or a franchise or licensing deal contingent on registered status (attach the contract clause). A vague declaration citing general business need is likely to be rejected by the Registrar, and the TM-63 fee is non-refundable on rejection.
How long does trademark fast track take for full registration in India?
Minimum 6 to 9 months from TM-A filing if no FER objections and no opposition arise. Realistically, plan for 12 to 18 months to account for FER objections and procedural steps. The fast track reduces the examination waiting period from 3 to 12 months to approximately 1 month. The mandatory 4-month opposition window under Section 21 of the Trade Marks Act 1999 cannot be shortened by any payment and applies equally to both tracks. If an opposition is filed, the full registration timeline extends by 1 to 4 years for opposition proceedings. Once the registration certificate is issued, it takes effect from the original TM-A filing date.
Can a startup get a fee concession on the Form TM-63 expedited examination fee?
Yes. The 1:2 fee ratio that runs through all Trade Marks Rules 2017 fees applies to TM-63 as well. A DPIIT-recognized startup pays Rs 12,500 per class (not Rs 25,000) for Form TM-63, and Rs 4,500 per class (not Rs 9,000) for TM-A, for a combined government fee of Rs 17,000 per class. Upload the DPIIT Certificate of Recognition at the time of filing TM-A and reference it again when filing TM-63. Udyam-registered MSMEs qualify for the same Rs 12,500 TM-63 rate. A newly incorporated private limited company that is not yet DPIIT-recognized pays the full Rs 25,000 TM-63 rate.