Trademark Registration in India
Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include a shape of goods, their packaging, and a combination of colors. A mark can include a device, brand, heading, label, ticket, name, signature, word, letter, and numeral, phrase, graphics, logo, sound mark, Smell or a mix of colors, shape of goods, packaging or combination of colors or any such combinations. A trademark can be a registered trademark as well as an unregistered trademark. Registration is not mandatory in India, but it is advisable to do so. However, both have certain benefits and drawbacks. In India, trademarks are registered by the Controller General of Patents, Designs and Trademarks, Ministry of Industry and Commerce, Government of India. The trademark can be registered under- The Trademark Act, 1999.
A "registered trademark" confers a bundle of exclusive rights upon the registered owner, including the right to exclusive use of the mark in relation to the products or services. Registration of a trade mark is not a mandatory requirement in India. A trade mark is registered for a period of 10 years and is subject to renewal. The Trademarks Act 1999 governs the whole process of registration. Registration is required for the following reasons:
- It identifies the origin of goods and services; Trademark adds uniqueness to the brand & acts as a communication tool. It influences the customers’ behavior.
- Advertises goods and services; Allows businesses to utilize social media channels.
- Guards the commercial goodwill of a trader; and
- Protects the innocent public from buying the second rate quality goods.
- Provides certain incentives for registration through its various provisions
- An action for infringement lies where the aggrieved can be sought civil and criminal reliefs.
- Gives exclusive right to the registered proprietor to use the trade mark in relation to the goods or service.
- Gives a monopoly right to the mark in a particular territory.
- The plaintiff to prove is eased due to registration that there is a similarity in the trade names.
- A trademark, once it is registered is an untouchable asset or intellectual property for a business which is used to safeguard the company's investment in the brand or ideogram.
- Tendered trademarks that are similar or identical to an already existing registered trademark cannot get registered.
- The registered trademarks approaching their expiry can be easily renewed by applying for a trademark renewal application for an extended period of another 10 years.
- A trademark provides exclusive identity and is never- ending.
- It works as a shield and is economical as no one else can use a similar trademark to the one registered by another person.
- A registered trademark is an absolute asset for the business/ brand/ company which directly brings home goodwill.
- A registered trademark can be sold, transferred or purchased or even be utilized as a security to obtain a loan which is similar to any of the other tangible assets or it can licensed, or assigned.
- The trademark would be an important asset for your business and contributes to the goodwill generated. Trademarks are therefore classified as intellectual property and hence needs to be protected from infringement. Trademarks and its rights are protected by the Trademark Act, 1999.
- Guards the Commercial Goodwill & Advertises Goods and Services.
- It differentiates your products from the competitor.
- It can be associated with your brand or product. Trademark gives brand protection
To get the protection of trademark rights one has to register the trademark. It is important to register your trademark because it prevents others from copying your mark and misrepresenting other products with your mark. Trademarks help the customers to recognize the brand and the brand value in one look such as the logo of a tick sign for Nike or a jumping wildcat for Puma etc.
Unlike patents, trademark does not have a definite limitation period. Where a patent expires in 20 years a trademark registration expires after 10 years of its registration, but unlike patents, a trademark can be renewed again for another 10 years. This process can be indefinitely done, meaning as long as you keep renewing the trademark it will not expire and will continue to be under the protection of the Act.
Comparison of Intellectual Property that protects you Product
| S. No. | Managing Your Business | Trademark Registration | Provisional Patent | Permanent Patent | Copyright |
| 1 | Governing Act | Trade Marks Act, 1999 | The Patents Act, 1970 | The Patents Act, 1970 | The Copyright Act, 1957 |
| 2 | Registration Requirement | Mandatory for claiming exclusive right | Mandatory | Mandatory | Optional |
| 3 | Most likely used for | Brand Name & Logo | Inventions | Inventions | Artistic works |
| 4 | Provisional application requirement | No | No | Yes | No |
| 5 | Symbolic Representation | Yes | No | No | Yes |
| 6 | Valid for | 10 years | 1 year | 20 years | Whole lifetime of the creator |
Characteristics of Trademark
A Visual Representation
The types of trademarks you can get registered are quite varied. Here are a few types:-
- Word Marks
- Service Marks
- Logos and Symbols
- Shape of Goods
- Series Marks
- Collective Trademarks
- Certification Mark
- Geographical Indicators
- Pattern Marks
- Sound Marks
- Colour Marks
- Three Dimensional Marks
An Intangible Asset
Considers the fact that your business builds a reputed name and turns out a successful brand. A trademark, being a type of intellectual property, brings heaps of benefits to the company. Once a trademark is registered, it becomes an intangible asset that can be traded, franchised, commercially contracted and distributed.
Protection Against Infringement and Other Legal Protection
The owner of a registered trademark can exercise his legal rights in case there is any infringement with regard to the owner’s logo, brand, and a slogan that has an active trademark against it. The owner has the right to sue any third party that uses the trademark without the prior permission of the owner of the trademark.
Class Selection
The goods and services here are classified into 45 different sectors. Each sector is referred to as a class. Every logo or brand name is to be registered under the appropriate class at the time of application. Out of the 45 different classes, 34 of those classes comprise of product classes, and the remaining 11 are for service.
Voluntary, not Compulsory Registration
The registration of a trademark is done on a voluntary basis. However, if a trademark is registered, it holds concrete evidence that the ownership of the trademark belongs to the person who has taken the effort to register it. All legal decisions will be in favour of the party that had the trademark registered.
Validity
A registered trademark has a period of validity that stretches up to 10 years before it has to be renewed again. However, the renewal process may be initiated only within one year before the expiry of the registered trademark. If one fails to do so, the trademark will be removed. Even on removal, the trademark can be reinstated through what is known as restoration of the trademark in the prescribed form.
Trademark Search
A trademark search is usually carried out to check if a particular trademark already exists. The search can be conducted through the government’s Indian Trademark Registry database or a third-party service provider website.
Trademark Symbols & their significance
Trade Mark (TM) and Service Mark (SM)
- This symbolizes that the trademark has not yet been registered, but an application for the same is pending. It is put up to warn third parties lest they infringe upon the same. There is no specific legal significance as such because the application has not yet been approved by the authorities.
- You can easily get a ™ within 3 days
- The ‘SM’ or Service Mark symbol is used for the service industry, specifically for service mark applications The SM symbol is used for applications that are filed under class 35-45.
R Symbol
- On the approval of the trademark application, you, as the proud owner of the newly registered trademark, are empowered to display the R symbol next to the trademark. This symbolizes that the trademark is officially registered, that infringement of any kind by a third party will be punishable by law.
- It is not mandatory to display the R symbol. However, it protects the owner of the trademark in a way that, should anyone rip-off the actual product, on suing the third party for infringement, he has a right to recover all the profits that were lost. This is because the court requires the owner to prove that the infringer was aware of the fact that the trademark was registered and yet went ahead to use it without any prior permission.
- Once registered the trademark becomes valid for 10years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.
- A trademark is only protected and valid in India and does not warrant any international status.
- But, to get an ®, it takes up to 2 years. In case the trademark registration is nearing expiry date, you can always get it re-registered for another ten years.
C Symbol
- The C symbol is generally used to signify copyright that the owner has over some creative work. This includes :
- - Artwork
- - Photography
- - Videography
- - Literary Works
- - Software
- The C symbol is valid for a lifetime. The symbol is used with the copyright holder’s name and the year of the first publication in the country where the work was copyrighted. All in all, there is a lot that one must be aware of when it comes to trademarks and their registration. The process, in itself, is quite tricky, which is why the applicant must carry out proper research concerning the same. Therefore, registering your trademark has a plenty benefits provided it is done with due care.
Eligibility to apply for a trademark registration
In simple terms, a trademark is a brand or logo which represents your business. A visual symbol like a word signature, name, device, label, numerals, or combination of colors used by the owner of the trademark for goods or services or other articles of commerce to distinguish it from other similar goods or services originating from different businesses. A trademark can be a word, symbol, logo, brand name, wrapper, packaging labels, tagline, or a combination of these and are used by manufacturers or service providers to identify their own products and/or services. It is used to distinguish the owners’ products or services from those of its competitors.
Any person which can be an individual, company, proprietor, or legal entity claiming to be the owner of the trademark can apply. The application for the trademark can be filed within a few days and you can start using the “TM” symbol. And the time required for the trademark registry to complete formalities is 8 to 24 months. You may use the ® (Registered symbol) next to your trademark once your trademark is registered and the registration certificate is issued. Once registered a trademark is valid for 10 years from the date of filing, which can be renewed from time to time.
Trademark Classes
| S. No. | Trademark Class | Description |
| 1 | Trademark Class 1 | Chemical products and preparations, salts used for industrial purposes, soldering and tempering preparations, adhesives, fire extinguishing components, detergents, compositions used for food and beverages and unprocessed plastics. |
| 2 | Trademark Class 2 | Paints and Varnishes, Thinners and thickeners for coatings, Raw natural resins, Dyes, colorants, pigments and inks, Metal in foil and powder form. |
| 3 | Trademark Class 3 | Cosmetics and Cleaning Substances, Toiletries, Oral hygiene preparations, Body cleaning and beauty care preparations, Make-up and Skincare preparations. |
| 4 | Trademark Class 4 | Industrial Oils and Lubricants, Fuels and illuminates, Candles and wicks for lighting, wood, electrical energy, Non- chemical fuel additives, Dust controlling compositions. |
| 5 | Trademark Class 5 | Pharmaceuticals, Dietary supplements and dietetic preparations, Disinfectants and antiseptics, Deodorizers and air purifiers, pest control preparations and articles. |
| 6 | Trademark Class 6 | Common Metal, Armour plating, Pipes, tubes and hoses, and fittings therefore, including valves, welding and soldering materials. |
| 7 | Trademark Class 7 | Machines, Construction equipment, Generators of electricity, Conveyors and conveyors belts, Textile and leather sewing equipment. |
| 8 | Trademark Class 8 | Hand Tools and implements, Cutlery, Hair styling appliances, Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance |
| 9 | Trademark Class 9 | Computers, Software, Electronic instruments & scientific appliances. |
| 10 | Trademark Class 10 | Medical, Dental Instruments and Apparatus |
| 11 | Trademark Class 11 | Appliances, Lighting, Heating, Sanitary Installations |
| 12 | Trademark Class 12 | Vehicles and conveyances, Parts and fittings for vehicles, Anti-theft, security and safety devices and equipment for vehicles, Power trains, including engines and motors, for land vehicles. |
| 13 | Trademark Class 13 | Explosive substances and devices; other than arms, Weapons and ammunition |
| 14 | Trademark Class 14 | Gemstones, pearls and precious metals, and imitations, jewellery, Other articles of precious metals and precious stones, and imitations. |
| 15 | Trademark Class 15 | Musical Instruments & supplies and Musical accessories. |
| 16 | Trademark Class 16 | Paper, Items made of Paper, Stationary items. |
| 17 | Trademark Class 17 | Rubber, Asbestos, Plastic Items, Flexible pipes, tubes, hoses, and fittings therefore, including valves, Seals, sealants and fillers, Waterproofing and moisture-proofing articles. |
| 18 | Trademark Class 18 | Leather and Substitute Goods |
| 19 | Trademark Class 19 | Construction Materials (building – non-metallic). |
| 20 | Trademark Class 20 | Furniture, Mirrors |
| 21 | Trademark Class 21 | Crockery, Containers, Utensils, Brushes, Cleaning Implements, Tableware, cookware and containers |
| 22 | Trademark Class 22 | Cordage, Ropes, Nets, Awnings, Sacks, Padding, nets, tents. |
| 23 | Trademark Class 23 | Yarns, Threads |
| 24 | Trademark Class 24 | Fabrics, Blankets, Covers, Textiles |
| 25 | Trademark Class 25 | Clothing, Footwear and Headgear. |
| 26 | Trademark Class 26 | Sewing Notions, Fancy Goods, Lace and Embroidery, Artificial fruit, flowers and vegetables. |
| 27 | Trademark Class 27 | Carpets, Linoleum, Wall and Floor Coverings (not textile), Artificial ground coverings. |
| 28 | Trademark Class 28 | Games, Toys, Sports Equipment, Festive decorations and artificial Christmas trees |
| 29 | Trademark Class 29 | Foods: Dairy, Meat, Fish, Processed & Preserved Foods |
| 30 | Trademark Class 30 | Foods: Spices, Bakery Goods, Ice, Confectionery, Convenience food and savory snacks |
| 31 | Trademark Class 31 | Fresh Fruit & Vegetables, Live Animals, Agricultural and aqua-cultural crops, horticulture and forestry products, maize, Algae, Malts and unprocessed cereals. |
| 32 | Trademark Class 32 | Beer, Ales, Soft Drinks, Carbonated Waters, non-dairy milk, Juices. |
| 33 | Trademark Class 29 | Preparations for making alcoholic beverages, Wines, Spirits, Liqueurs |
| 34 | Trademark Class 30 | Tobacco, Smokers Requisites & Matches |
| 35 | Trademark Class 31 | Advertising, Business Consulting, marketing and promotional consultancy, advisory and assistance services, Commercial trading and consumer information services, Business assistance, management and administrative services |
| 36 | Trademark Class 32 | Insurance, Financial, Currency trading and exchange services, Loan and credit, and lease-finance services, Valuation services |
| 37 | Trademark Class 37 | Construction, Repair, Cleaning , Mining, and oil and gas extraction, Installation, cleaning, repair and maintenance, Glazing, installation, maintenance and repair of glass, windows and blinds, Extermination, disinfection and pest control |
| 38 | Trademark Class 38 | Communications Services, Broadcasting services, Computer communication and Internet access, Access to content, websites and portals |
| 39 | Trademark Class 39 | Transport, Utilities, Mail delivery and courier services, Freight and cargo transportation and removal services, car transport, Storage & Warehousing |
| 40 | Trademark Class 40 | Materials Treatment, Energy production, Textile, leather and fur treatment, Recycling and waste treatment, Duplication of audio and video recordings, Air and water conditioning and purification |
| 41 | Trademark Class 41 | Education, Amusement, Entertainment, Gambling, Translation and interpretation |
| 42 | Trademark Class 42 | Scientific and technological services, IT services, Data duplication and conversion services, data coding services and research and design relating thereto |
| 43 | Trademark Class 43 | Services for providing food and drink; temporary accommodations, Hotels, hostels and boarding houses, holiday and tourist accommodation, Rental of furniture, linens and table settings |
| 44 | Trademark Class 44 | Medical services; veterinary services; hygienic and beauty care for human beings or animals, Body art, Landscape design, Agriculture, aquaculture, horticulture and forestry services |
| 45 | Trademark Class 45 | Personal and social services rendered by others to meet the needs of individuals, Astrological and spiritual services, Dating services, Legal services |
Note: A product mark represents a provider or brand of a product or goods and comes under Trademark classes 1-34. A service mark identifies a service provider and is classified under the Trademark classes 35-45. Service marks are usually slogans. If a company that wants to protect the shape of its product it can opt for a shape mark.
Points to be kept in mind before registration of trademark
The Head Office of the trademark registry is in Mumbai and it has branch offices in Delhi, Ahmedabad, Chennai and Kolkata. When registering a trademark, it is registered under the Trademark Act, 1999 and then the registry of trademarks registers it. In this process, the registry will check whether the registering mark meets all the conditions of the Act before registering it.
When you plan on registering a trademark there are a few steps involved:
- An authorization letter that is duly signed by you allows us to file for trademark registration on behalf of you. Form 48-On behalf of you, an attorney is authorized to file for the trademark application with the Trademark registrar. The trademark user affidavit should be submitted in case a claim for the previous trademark was made in the application.
- Choose a trademark identifying which class you belong to from amongst 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service.
- Remember to choose a unique and distinctive mark it will represent your company.
- Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option. Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search they will also help you with the whole process.
- Filing application- There are two options you can take while filing for a trademark.
Procedure for Registration of Trademark
Surf internet for a brand name - to get a catchy, trendy, and an interesting brand name. Picking up a brand name that is wacky and quirky is definitely a wise move since most of the generic names would already be in someone’s hands. One can also invent or coin some words with a mix of generic words to create a unique brand name for themselves.
Select and authorize a trademark agent or attorney to represent you. The trademark attorney conducts a search. Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours. The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
Preparing a trademark application - along with the documents for online trademark registration. Business Registration Proof (an identity proof of the company’s directors / id proof of the proprietor viz. PAN card, Aadhaar card and an address proof of the company have to be submitted) , Soft copy of the trademark, proof of claim (which is applicable) of the proposed mark can be used in another country, Power of attorney to be signed by the applicant
Filing the application of brand name registration - in the case of an e-filing system; you will receive your receipt of acknowledgment instantly on the government website. Once after receiving your acknowledgment, you are eligible to use your Trademark (TM) symbol beside your brand name!Moreover, in case of rejection due to non-approval of the name, the applicant will get a second chance of refilling the same SPICe form without any further charges. It means you get two chances of filing the same form without any extra charge of paying ₹1000/- both the times
In case of failure to get the name approved in the second go, you can file the SPICe form again from scratch. This will any day prove to be cheaper than opting for the first option. The whole process including name approval and incorporation takes around 2-3 days
The trademark registration certificate issuance - The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. The Registrar then issues the Registration Certificate with the Trademark Registry seal. Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.
Publication of your brand in the Indian Trade Mark Journals - After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.
Examining the process of the brand name application - Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law & there should not be any conflict or dispute amongst any existing or pending brands for the registration. It can take anywhere between 8 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
Status of application - Once you have received the confirmation of the filing of the application you will get an allotment number. You can check the progress of the application online with this allotment number. This will take time, if there is no problem with the filing, then you will get to know whether your application is approved or rejected in 18-24 months. If there is a problem then this may take longer. Files are prioritized according to the filing date, therefore the longer it takes the more priority your application gets. The other perk about filing the application is that even if it hasn’t been approved you can use the TM symbol next to your mark, once you have received your allotment number.
Status of application - Once you have received the confirmation of the filing of the application you will get an allotment number. You can check the progress of the application online with this allotment number. This will take time, if there is no problem with the filing, then you will get to know whether your application is approved or rejected in 18-24 months. If there is a problem then this may take longer. Files are prioritized according to the filing date, therefore the longer it takes the more priority your application gets. The other perk about filing the application is that even if it hasn’t been approved you can use the TM symbol next to your mark, once you have received your allotment number.
Examining the process of the brand name application - Once the application is dispatched, the Registrar will check out whether you have followed certain terms that your brand name complies with, the existing law & there should not be any conflict or dispute amongst any existing or pending brands for the registration. It can take anywhere between 8 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
Publication of your brand in the Indian Trade Mark Journals - After the process of examination, the registrar will publish your brand name in the Indian Trade Mark Journal. This is certainly the most important part of the trademark registration and there should not be any opposition within 3 months (i.e. 90 days) or 120 days, in some cases, from the date of publication. Then your brand name is proceeding towards the acceptance.
The trademark registration certificate issuance - The Registrar will accept your trademark application if there’s no opposition being raised within the stipulated period of 90 days. The Registrar then issues the Registration Certificate with the Trademark Registry seal. Right from the moment you have been issued with your certificate, you can use the registered trademark symbol (®) beside your brand name.
Conclusion
The Indian Trademark law of 1999 in accordance with the international systems and practices holds provisions for registration of a trademark that is valid for up to ten years; protection of registered and unregistered trademarks; violation of trademarks under Section 135 which provides the relief for trademark infringement or passing off. In order to increase the protection of a brand, the act states that Infringing or replicating a competitor’s mark is an offence and criminal proceedings can be carried out against the infringers under Section 103.
Registration is not mandatory:
Companies are not mandated to get their trademarks registered; however, it is important to file a case against violation.
Offences and penalties:
Trademark offence is punishable with imprisonment for a term of six months to three years with fine anywhere between ₹ 50,000 and ₹2,00,000.
Passing off:
A suit for infringement is available as a remedy only for registered trademarks; however, the Trademark Act also provides provisions for protection of unregistered trademark under the common law principle of Passing Off. Passing off is another wrongful act that is also enforced on unregistered trademarks and the remedies available are same as that for infringement.
Various forms for Trademark Registration
| S. No | Section | Title Entry | Act No | Form No |
| 1 | 18(1),Rule 25(2) | Application for registration of a trade mark for goods or services (other than a collective mark or a certification trade mark) | 1 | TM-1 |
| 2 | 18(1),154(2) | Application for registration of a trade mark from convention country (other than a collective mark or a certification trade mark) | 3 | TM-2 |
| 3 | 63(1) | Application for registration of a collective mark | 8 | TM-3 |
| 4 | 71(1) | Application for registration of a certification trade mark. | 9 | TM-4 |
| 5 | 21(1),64, 66, 73 | Notice of opposition to an application for registration of a trade mark, collective mark or certification trade mark. | 12 | TM-5 |
| 6 | 21(2), 47, 57, 59(2) | Form of counterstatement | 14 | TM-6 |
| 7 | 21, 47, 57, 59, 64,66 73 and 77 | Notice of intention to attend hearing. | 15 | TM-7 |
| 8 | 15(3) | Application for registration of series trade marks for goods or services in a class or different classes | 6 | TM-8 |
| 9 | 64, 66, 73 and 77 | Form of counterstatement in answer to Notice of Opposition in respect of a collective mark or a certification trade mark | 63 | TM-9 |
| 10 | 25(3) | Proviso Payment of surcharge towards renewal of to trade mark, certification trade mark and collective mark. | 22 | TM-10 |
| 11 | 25 | Application for renewal after expiry of last registration of a trade mark/collective mark/certification trade mark | 17 to 20 | TM-12 |
| 12 | 25(4) | Application for restoration of a trade mark removed from the register | 21 | TM-13 |
| 13 | 16(5) | Application to dissolve association between registered trade mark | 16 | TM-14 |
| 14 | 40(1) | Rule Request for statement of grounds of decision | 11 | TM-15 |
| 15 | 18(4), 22 and 58 | Request for correction of clerical error or for amendment Rule 41 | 55 | TM-16 |
| 16 | 40(2),Rule 77 | Application for the certificate of the Registrar under Section 40(2) with regard to proposed assignment of registered trade mark. | 23 | TM-17 |
| 17 | 40(2) | Affidavit in support of statement of case. | Rule 68 | TM-18 |
| 18 | 41, Rule 77 | Application for approval by the Registrar of a proposed assignment or transmission of trade mark resulting in exclusive rights in different parts of India. | 24 | TM-19 |
| 19 | 42, Rule 74(1) | Application for directions for advertisement of an assignment of trademarks otherwise than in connection with goodwill of the business. | 25 | TM-20 |
| 20 | 42, Rule 74(3) | and Rule Application for extension of time in which to apply for the Registrar’s directions for the advertisement of an assignment of trademarks otherwise than in connection with the goodwill of the business. | 26 | TM-21 |
| 21 | 18(1) Rule 25(5), 144 and 145 | Application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under Rule 145 | 2 | TM-22 |
| 22 | 45 | Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trademarks upon the same devolution of title. | 27,28 | TM-23 |
| 23 | 45,Rule 68 | Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title. | 27,28 | TM-24 |
| 24 | 46(4), Rule 79 | Application for extension of time for the registration of the name of a company as a subsequent proprietor of a trade mark in the register. | 29 | TM-25 |
| 25 | 47, 57 | Application for the rectification of the register or the removal of a trade mark from the register. | 30, Rule 92 | TM-26 |
| 26 | Rule 94, 133, 139 | Application for leave to intervene in proceedings relating to the rectification of the register or the removal of a trade mark from the register or a collective mark or a certification trade mark. | 31 | TM-27 |
| 27 | 49, Rule 80 | Application for registration of registered user | 32, 33 | TM-28 |
| 28 | 50 (1)(a), Rule 87 | (a) Application by the registered proprietor of a trade mark for variation of the registered user thereof with regard to the goods or services or the condition or restriction. | 34 | TM-29 |
| 29 | 50(1)(b), Rule 88(1) | (b) Application by the Registered Proprietor of a trade mark or by any of the registered users of the trade mark for the cancellation of entry of a registered user thereof. | 35 | TM-30 |
| 30 | 50(1)(c) or (d), Rule 88(1) | (c) Application for cancellation of entry of a or (d) registered user of a trade mark of a trade mark. |
36 | TM-31 |
| 31 | Rule 90(2) | Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark | 37 | TM-32 |
| 32 | 58, Rules 91,97 | Request to enter change of name or description of registered proprietor (or registered user of trade mark upon the register). | 38 | TM-33 |
| 33 | 58, Rules 91, 96, 97 | Request for alteration of the address of the principal place of business of residence in India or of the address in the home country abroad in the Register of Trade Marks | 39 | TM-34 |
| 34 | 58 (1)(c ), Rule 97 | Application by registered proprietor of trade mark for the cancellation of entry thereof in the register. | 42 | TM-35 |
| 35 | 58(1)(d). Rule 97 | Application by registered proprietor of trade 42 mark to strike out goods or services from those for which the trade mark is registered | TM-36 | |
| 36 | 154(2) and 15(3), Rule 25(11), 26 and 31 | Application in respect of series trade mark from convention countries under section 154(2) 26 & 31 for goods or services in a class or for different classes | 7 | TM-37 |
| 37 | 59(1) | Application by registered proprietor under Section 59 for an addition to or alteration of a registered trade mark | 43 | TM-38 |
| 38 | 59(2), Rule 99(2) | Notice of opposition to application for addition to or alteration of a registered trade mark | 44 | TM-39 |
| 39 | 60, Rule 101 | Application by the proprietor of a registered trade mark for the conversion of the specification | 45 | TM-40 |
| 40 | 60(2), Rule 101(4) | Notice of opposition to proposal for conversion of specification under section 60(2) | 46 | TM-41 |
| 41 | 66 or 74(2) Rule 132(a), 140 | Request for amendment of deposited regulations governing the use of a collective mark or alteration of deposited regulation of a certification trade mark | 47 | TM-42 |
| 42 | 68,77 and Rules 92, 133,139 | Application for removal from the register of a collective mark or to cancel or vary the registration of a certification trade mark. | 48 | TM-43 |
| 43 | 21(1) Rule 47(6) | Rule Application for extension of time for giving notice of opposition to a trade mark | 13, 47(6) | TM-44 |
| 44 | 18(1), 154(2) Rule 25(6), 26, 144, and 145 | An application to register a textile trade mark (other than a collective mark or certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule from a convention country u/s | 10, 154 (2) | TM-45 |
| 45 | 137 or 148(2), Rule 119 and 120 | Request for certificate of the Registrar or certified copies of documents | 51 to 53 | TM-46 |
| 46 | 141 Rule 124 | Request for entry in the register and advertisement of a note of the certificate of validity by the Appellate Board. | 54 | TM-47 |
| 47 | 145 and Rule 21 | Form of Authorization of Agent in a matter or proceeding under the Act | TM-48 | |
| 48 | 63, 71 Rule 128(1),135(1) | Regulations for governing the use of a Rule 128(5) collective trade mark or a certification trade mark or 135(1) | TM-49 | |
| 49 | Rule 91,96,97 | Form of request by a registered proprietor or a registered user of a trade mark who has no principal place of business in India, to enter, alter or substitute an address for service in India. | 40, 41 | TM-50 |
| 50 | 18(2), Rule 25(9), 103 | A single application under section 18(2) for Rule 25(9) registration of a trade mark for goods or services in different classes. | 5 | TM-51 |
| 51 | 18(2) Rule 25(4), 103 | A single application u/s 18(2) for registration Rule 25(4) of a trade mark from convention country u/s 154(2) | 4 | TM-52 |
| 52 | 22 Rule 104(1) | Proviso Divisional application to section 22 | 68 | TM-53 |
| 53 | Deleted | |||
| 54 | 133(1) Rule 23 | Preliminary advice as to distinctiveness | 50 | TM-55 |
| 55 | 131, Rule 105 | Request for extension of time | 56 | TM-56 |
| 56 | 127(c), Rule 115 | On application for review of Registrar’s decision | 57 | TM-57 |
| 57 | Rule 46 | Application for particulars of advertisement of a trade mark | 59 | TM-58 |
| 58 | Rule 62(3) | Application for duplicate or further copy of certificate of registration | 62 | TM-59 |
| 59 | Rule 24(3) | Application for search and certificate under Section 45(1) of the Copyright Act, 1957 | 64 | TM-60 |
| 60 | Rule 25(16) | Application for inclusion of specification of goods or services in excess of five hundred characters | 69 | TM-61 |
| 61 | 43, Rule 140(2) | Application for the consent of the Registrar to Rule 140(2) the assignment or transmission of certification trade mark | 70 | TM-62 |
| 62 | Rule 38(1) | Request for expedited examination of an application for the registration of a trade mark under Rule 38(1) | 71 | TM-63 |
| 63 | 63(1), 154(2), Rule 128(1) | Application to register a collective mark for Rule 128(1) a specification of goods or services included in a class from convention country under section 154(2) | 72 | TM-64 |
| 64 | 154(2), Rule 25(8)(b), 135(1) | Application under section 71 to register a Certification trade mark for a specification of goods or services included in a class from convention country under section 154(2) | 73 | TM-65 |
| 65 | 18(2),63(1). Rule 25(17(a),103, 128(1). | Single application for registration of a collective trade mark for different classes of goods or services | 83 | TM-66 |
| 66 | 18(2), 63(1), 154(2), Rule 25(17)(b), 103,128(1) | Single application for registration of a collective trade mark for different classes of goods or services from a convention country under section 154(2) | 84 | TM-67 |
| 67 | 18(2), 71 | Single application for registration of a certification trade mark for different classes of goods or services | 85 | TM-68 |
| 68 | 18(2), 71, 154(2), | Single application for registration of a certification trade mark for different classes of goods or services from a convention country under section 154(2). | 86, 71 | TM-69 |
| 69 | 137, 148. Rule 8(2)( c), Provision to Rule 119 | proviso Request for expedited certificate of the Registrar or certified copies of documents | 74 | TM-70 |
| 70 | Rule 8(2)(c ), 24(5) | Request for expedited search certificate under section 45(1) of the Copyright Act,1957 | 76 | TM-72 |
| 71 | Section 25(a), Rule 74(2) | Request to refuse or invalidate a trade mark Of Geographical - Consisting of a geographical indication. Indications of Goods (Registration and Protection)Act, 1999, Rule 74(2) of Geographical Indications Goods Rules, 2001 and Rule 102 of Trade Marks Rules, 2001 | 66 | TM-73 |
| 72 | Section 25(b), Rule 75(2) | Request to refuse or invalidate a trade mark of Geographical Indications conflicting with or containing or consisting of geographical indication notified under of sub-section (2) of section 22 of the Goods Geographical Indications of Goods (Registration and Protection)Act,1999, Rule 75(2) of Geographical Indications Goods Rules and Rule 102 of Trade Marks Rules, 2001 | 65 | TM-74 |
| 73 | Rule 32 | Request for search and issuance of certificate under Rule 32 | 87 | TM-75 |
| 74 | Rule 153 | Application for registration as a trade mark agent | 77 | TMA-1 |
| 75 | Rule 159 | Application for restoration of the name of person to the register of trademarks agents | 80 | TMA-2 |
| 76 | Rule 160 | Application for the alteration of an entry in the Register of Trade Marks Agents. | 81 | TMA-3 |
Whole process of trademark registration at a glance
First Schedule: - Trade Mark Rules 2017
| Entry No | On what payable | Amount in INR. | Corresponding Form Number | |
| For Physical filing | For E-filing | |||
| 1 | Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes. | TM-A | ||
| Where the applicant is an Individual / Startup/Small Enterprise | 5,000 | 4,500 | ||
| In all other cases (Note: Fee is for each class and for each mark ) | 10,000 | 9,000 | ||
| 2 | On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed) | 3,000 | 2,700 | TM-O |
| 3 | For renewal of registration of a trademark under section 25 for each class | 10,000 | 9,000 | TM-R |
| Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class | 5,000 Plus renewal fee applicable under entry 3 | 9,0004,500 Plus renewal fee applicable under entry 3 | ||
| Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class | 10,000 Plus renewal fee applicable under entry 3 | 9,000 Plus renewal fee applicable under entry 3 | ||
| 4 | On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark | 10,000 | 9,000 | TM-P |
| On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademark under section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark. | 3,000 | 2,700 | ||
| On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark. | 2,000 | 1,800 | ||
| On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark. | 1,000 | 900 | ||
| 5 | Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark) | 5,000 | 4,500 | TM-U |
| 6 | Request for search and issue of certificate under rule 22(1) | 10,000 | 9,000 | TM-C |
| Request for an expedited search and issuance of certificate under rule 22 (3) | Not allowed | 30,000 | ||
| 7 | On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document, or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41. | 1,000 | 900 | TM-M |
| On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application. | 2,000 | 1,800 | ||
| On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms | 3,000 | 2,700 | ||
| On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document) | 5,000 | 4,500 | ||
| On application under rule 34 for expedited process of an application for the registration of a trademark | ||||
| Where the applicant is an Individual / Startup/Small Enterprise | Not allowed | 20,000 | ||
| In all other cases (Note: fee is for each class and for each mark) | Not allowed | 40,000 | ||
| Request to include a trademark in the list of well- known trademark (Note: applicable fee is for one mark only.) | Not allowed | 1,00,000 | ||
| 8 | On application for registration of a person as a trademark agent under rule 147 & 149. | 5,000 | 4,500 | TM-G |
| For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year. | 10,000 | 9,000 | ||
| On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration. | 5,000 Plus continuation fee as mentioned in entry number 20 | 4,500 Plus continuation fee as mentioned in entry number 20 | ||
| On application for an alteration of any entry in the Register of trademarks Agent under rule 154 | 1,000 | 900 | ||
| Handling fee for certification and transmission of international application to International Bureau with MM2(E) | Not allowed | 5,000 | ||
First Schedule: - Trade Mark Rules 2002
| Entry No | On what payable | Amount ₹. up to two decimals | Corresponding Form Number |
| 1 | On application to register a trade mark for a specification of goods or services included in one class [Section 18(1) | 3500.00 | TM-1 |
| 2 | On application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145 | 3500.00 | TM-22 |
| 3 | On application to register a trade mark for goods or services included in a class from a convention country under section 18(1) & 154(2) | 3500.00 | TM-2 |
| 4 | On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services from a convention country under section 154(2) | 3500.00 for each class | TM-52 |
| 5 | On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services | 3500.00 for each class | TM-51 |
| 6 | On application to register a series trade mark under section 15 for a specification of goods or services included in a class or different classes | 3500.00 for each trade mark and for each separate class thereof | TM-8 |
| 7 | On application to register a series of trade mark from a convention country under section 154(2) for a specification of goods or services included in a class or classes | 3500.00 for each trade mark and for each separate class thereof | TM-37 |
| 8 | On application under section 63(1) to register a collective mark for a specification of goods or services included in a class | 10,000.00 | TM-3 |
| 9 | On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class | 10,000.00 | TM-4 |
| 10 | On application for the registration of a textile trade mark (other than a certification trade mark or a collective mark ) consisting exclusively of numerals or letters, or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under section 154(2) | 3500.00 | TM-45 |
| 11 | On a request under rule 40(1) to state grounds of decision | 1000.00 | TM-15 |
| 12 | On a notice of opposition under section 21 (1), 64, 66 or 73 for each class opposed | 2500.00 | TM-5 |
| 13 | On application for extension of time for filing notice of opposition under section 21(1 | 500.00 | TM-44 |
| 14 | On a counter statement in answer to a notice of opposition under section 21, for each application opposed, or in answer to an application under any of the section 47 or 57 in respect of each trade mark or in answer to a notice of opposition under section 59 or rule 101 for each application or conversion opposed | 1000.00 | TM-6 |
| 15 | On notice of intention to oppose hearing under any of the section 21, 47, 57 and 59 by each party to the proceeding concerned | 500.00 | TM-7 |
| 16 | On application under section 16(5) to dissolve the association between registered trade marks | 500.00 for each dissolution | TM-14 |
| 17 | For renewal under section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged | 5000.00 | TM-12 |
| 18 | For renewal under section 25 of the registration of a series trade mark at the expiration of the last registration- For the first two marks of the series of each separate class |
5000.00 | TM-12 |
| For every additional mark of the series of each separate class | 2500.00 | ||
| 19 | For renewal under section 25 of a single application of a trade mark for goods or services in more than one class-in respect of every class | 5,000.00 for each class | TM-12 |
| 20 | For renewal under section 25 of the registration of a collective mark/certification trade mark | 20,000.00 | TM-12 |
| 21 | On application under section 25(4) for restoration of a trade mark removed from the register | 5000.00 | TM-13 |
| 22 | On application for renewal under proviso to section 25(3) within six months from the expiration of last registration of the trade mark | 3000.00 as surcharge | TM-10 |
| 23 | On application for certificate of the Registrar under section 40(2) For the first mark proposed to be assigned | 2500.00 | TM-17 |
| For every additional mark of the same proprietor included in that assignment | 500.00 | ||
| 24 | On application for approval of the Registrar under
section 41 For the first trade mark |
2500.00 | TM-19 |
| For every additional mark of the same proprietor included in the same transfer | 500.00 | ||
| 25 | On application under section 42 for direction of a Registrar for advertisement of assignment without goodwill of a trade mark in use For the first mark assigned |
2500.00 | TM-20 |
| For every additional mark assigned with the same devolution of title | 500.00 | ||
| 26 | On application for extension of time for applying for directions under section 42 for advertisement of assignment without goodwill of trade mark in use in respect of devolution of title Not exceeding one month |
500.00 | TM-21 |
| Not exceeding two month | 1000.00 | ||
| Not exceeding three month | 1500.00 | ||
| 27 | On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trademark- If made within six months from the date of acquisition of proprietorship |
5000.00 | TM-23 or TM-24 |
| If made after expiration of six months but before 12 months from the date of acquisition of proprietorship | 7500.00 | ||
| If made after 12 months from date of acquisition of proprietorship | 10,000.00 | ||
| 28 | On application under section 45 to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case: If made within six months from the date of acquisition of proprietorship For the first mark |
5000.00 | TM-23 or TM-24 |
| For every additional mark | 1000.00 | ||
| If made after the expiration of six months but before twelve months from the date of acquisition of proprietorship: For the first mark | 7500.00 | ||
| For every additional mark | 1500.00 | ||
| If made after expiration of twelve months from the date of acquisition of proprietorship: For the first mark |
10,000.00 | ||
| For every additional mark | 2000.00 | ||
| 29 | On application under section 46(4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment : Not exceeding two month |
500.00 | TM-25 |
| Not exceeding four month | 1000.00 | ||
| INot exceeding six month | 1500.00 | ||
| 30 | On application under any of the sections 47 or 57 for rectification of the register or removal of a trade mark from the register or cancellation of a registered collective mark or a certification trademark | 3000.00 | TM-26 |
| 31 | On application under rule 94 for leave to intervene in proceeding under any of the sections 47 or 57 for rectification of the register or removal of trade mark from the register or under rule 133 or 139 in respect of a collective mark or certification trade mark/td> | 500.00 | TM-27 |
| 32 | On application under section 49 to register a registered user of a registered trade mark in respect of goods or services within the specification thereof | 5000.00 | TM-28 |
| 33 | On application under section 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trademarks are covered by the same registered user agreement in respect of goods or services within the respective specification thereof and subject to the same conditions and restrictions in each case: For the first mark |
5000.00 | TM-28 |
| For every additional mark of the proprietor included in the application, and in the registered user agreement | 3000.00 | ||
| 34 | On application under clause (a) of sub-section 1 of section 50 to vary the entry of a registered user of one trade mark where the trademarks are covered by the same registered user in respect of each of them: For the first mark | 5000.00 | TM-29 |
| For every additional mark included in the application | 2500.00 | ||
| 35 | On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trademark | 2500.00 | TM-30 |
| Where the application includes more than one trademark- For the first mark |
2500.00 | ||
| For every additional mark included in the application | 500.00 | ||
| 36 | On application under clause (c) or (d) of sub-section (1) of section 50 to cancel the entry of a registered user of one trade mark: | 5000.00 | TM-31 |
| Where the application includes more than one trade mark: For the first mark |
5000.00 | ||
| For every additional mark included in the application | 2000.00 | ||
| 37 | On notice under rule 90(2 ) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark | 500.00 | TM-32 |
| 38 | On application under section 58 to change the name or description of a registered proprietor or a registered user of a trademark where there has been no change. | 1000.00 | TM-33 |
| In the proprietorship or in the identity of the registered user (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India) | 1000.00 | ||
| where the application includes more than one trademark For the first trademark |
1000.00 | ||
| For every additional mark included in the application | 500.00 | ||
| 39 | On application under section 58 to alter an entry of the address of a registered proprietor or of a registered user of a trade mark unless exempted from fee under rule 96(3) Where the application include more than one trade mark – |
500.00 | TM-34 |
| and where the address in each case is the same and is altered in the same way For the first entry |
500.00 | ||
| For every other entry included in the application | 200.00 | ||
| 40 | On application to make an entry of an address for service in India of a registered proprietor or a registered user of a trade mark where the application include more than one trade mark | 500.00 | TM-50 |
| and the address for service to be entered is the same in each case For the first entry | 500.00 | ||
| For every other entry included in the application | 200.00 | ||
| 41 | On application to alter or substitute an entry of an address for service in India in the register unless exempted from fee under rule 96(3) Where the application includes more than one trade mark and the address in each case is the same |
500.00 | TM-50 |
| and is altered or substituted in the same way For the first entry |
500.00 | ||
| For every other entry included in the application | 200.00 | ||
| 42 | On application under clause (c) of sub-section (1) of section 58 for canceling the entry or part thereof from the register or under clause (d) to strike out goods or services from the register | 200.00 | TM-35 OR TM-36 |
| 43 | On application under section 59(1) for leave to add or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of statutory requirement) Where the application includes more than one trademark | 2500.00 | TM-38 |
| and the addition or alteration to be made in each case being the same For the first mark |
2500.00 | ||
| For every other mark included in the application | 1000.00 | ||
| 44 | On notice of opposition under sub-section (2) of section 59 to an application for leave to add or to alter a registered trade mark for each application oppose | 1500.00 | TM-39 |
| 45 | On application under section 60 for conversion of specification | 1000.00 | TM-40 |
| 46 | On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification | 1500.00 | TM-41 |
| or specifications of a registered trade mark For the first mark |
1500.00 | ||
| For every additional mark included in the notice of opposition | 700.00 | ||
| 47 | On application under section 66 for amendment of the deposited regulations of a collective mark or alteration under section 74(2) for the regulation of a certification trade mark Where the marks are entered in the register as associated trademarks |
1000.00 | TM-42 |
| For the regulation of one registration | 1000.00 | ||
| For the same or substantially same regulation of each additional registration proposed to be altered in the same way and included in the same application | 200.00 | ||
| 48 | On application under section 68 to remove the registration of a collective mark or cancel or vary the registration of a certification trade mark under section 7 | 1000.00 | TM-43 |
| 49 | Deleted | ||
| 50 | On request for the Registrar's preliminary advice under section 133(1) for a trade mark in respect of one class | 1000.00 | TM-55 |
| 51 | On request for certificate of the Registrar under section 137( other than a certificate under section 23(2)) | 500.00 | TM-46 |
| 52 | On request for certificate of the Registrar [other than certificate under section 23(2)] of the registration of a series of the trade mark under section 15 for each class | 500.00 | TM-46 |
| 53 | On request for a certified copy of any entry in the register or of any document under section 148(2) | 500.00 | TM-46 |
| 54 | On request to enter in the register and advertise a note of certificate of validity, under rule 124 in respect of one mark in a class | 200.00 | TM-47/td> |
| 55 | On request, not otherwise charged for correction of a clerical error or for amendment under section 18(4), 22 and 58, except where the request is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India | 500.00 | TM-16 |
| 56 | On application for extension of time for a month or part thereof under section 131 [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4) | 500.00 | TM-56 |
| 57 | On application for review of the Registrar's decision under section 127 (c | 2000.00 | TM-57 |
| 58 | On petition (not otherwise charged) for obtaining Registrar's order on any interlocutory matter in a contested proceeding | 2500.00 | |
| 59 | On request to Registrar for particulars of advertisement of a mark under rule 46 | 250.00 | TM-58 |
| 60 | For inspecting the documents mentioned in section 148(1): relating to any particular trademark for every hour | 200.00 | /td> |
| or part thereof search of index mentioned in section 148 for every hour or part thereof | 200.00 | ||
| 61 | For copying of documents, (photocopy or typed) for every page of part thereof in excess of one page | 5.00 per page(subject to a minimum of ₹ 5.00 | |
| 62 | On request for a duplicate or further copy of certificate rule 62(3 | 500.00 | TM-59 |
| 63 | On a counter statement in answer to a notice of opposition in respect of a collective trade mark or a certification trade mark under section 64, 66,73 or 77 | 1500.00 | TM-9 |
| 64 | For search and issue of certificate under rule 24(3) | 5000.00 | TM-60 |
| 65 | On application under sub-section (b) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark which conflicts with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the said Act | 3000.00 | TM-74 |
| 66 | On application under sub-section (a) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark containing or consisting of a geographical indicating not originating in the territory of a country or a region or locality in that territory which the geographical indication indicates | 3000.00 | TM-73 |
| 67 | Notice of intention to attend hearing under section 64, 66, 73 or 77 in respect of a collective mark or in respect of a certification trade mark, as the case may be | 500.00 | TM-7 |
| 68 | On a request to divide an application or to divide a single application under proviso to section 22 | 1000.00 plus appropriate class fee | TM-53 |
| 69 | On application under sub-rule 16 of rule 25 towards inclusion of specification of goods or services in excess of five hundred characters at the time of filing of application as excess space fee | 10.00 per characters | TM-61 |
| 70 | On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark | 1000.00 | TM-62 |
| 71 | On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark | 12,500.00 | TM-63 |
| 72 | On application under section 63(1) to register a collective mark of a specification of goods or services included in a class from a convention country under section 154(2) | 10,000.00 | TM-64 |
| 73 | On application under section 71 to register a certification trade mark for a specification of goods or services included in class from a convention country under section 154(2) | 10,000.00 | TM-65 |
| 74 | On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of documents under proviso to rule 119 | 2500.00 | TM-7 |
| 75 | Delete | ||
| 76 | On request for an expedited search and issuance of a certificate under rule 24(5) | 25000.00 | TM-72 |
| 77 | On application for registration as a trade mark agent under 152 | 1000.00 | TMA-1 |
| 78 | For registration of a person as a trade mark agent under rule 154 | 1000.00 | |
| 79 | For continuance of the name of a person in the Register of Trademarks Agents under rule 156: For every year (excluding the first year) to be paid on the 1st April, in each year |
1000.00 | |
| For the first year to be paid along with the fee or registration, in the case of a person registered at any time between the 1stApril, and 30th September N.B. A year for this purpose will commence on the 1st day of April, and end on the 31st day of March following | 1000.00 | ||
| 80 | On application for restoration of the name of a person to the Register of trademarks agents under rule 159 | 1000.00 plus continuance fee under entry no. 79 | TMA-2 |
| 81 | On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160 | 200.00 | TMA-3 |
| 82 | For each addition to the registered entry of a trade mark that may be associated with a newly registered mark under section 16(1) | 500.00 | |
| 83 | On a single application under section 18(2) for the registration of a collective mark for different classes of goods or services | 10,000.00 for each class | TM-66 |
| 84 | On a single application under section 18(2) for the registration of a collective mark for different class of goods or services from a convention country | 10,000.00 for each class | TM-67 |
| 85 | On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services | 10,000.00 for each class | TM-68 |
| 86 | On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services from a convention country under section 154(2) | 10,000.00 for each class | TM-69 |
| 87 | On request for search and issuance of a certificate pursuant to clause (ii) of sub-section (2) of section 20 of the Companies Act, 1956 | 5000.00 | TM-75 |
Frequently Asked Questions
- 1. What is a trademark?
-
A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirements to register a trademark under the Act are:
- The selected mark should be capable of being represented graphically (that is in the paper form).
- It should be capable of distinguishing the goods or services of one undertaking from those of others.
- It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.
- 2. How to select a good trademark?
-
If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.
Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)
It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. - 3. What is the function of a trademark?
-
Under modern business condition a trademark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services
- 4. Who can apply for a trademark and how?
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Any person, claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office.
The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website. - 5. Who benefits from a trademark?
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The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.
The Government earns revenue as a fee for registration and protection of registration of trademarks
The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same
The Purchaser and ultimately Consumers of goods and services get options to choose the best. - 6. What are different types of trademarks that may be registered in India?
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- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
- Letters or numerals or any combination thereof.
- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.
- Devices, including fancy devices or symbols
- Monograms
- Combination of colors or even a single color in combination with a word or device
- Shape of goods or their packaging
- Marks constituting a 3- dimensional sign.
- Sound marks when represented in conventional notation or described in words by being graphically represented.
- 7. What are the benefits of registering a trademark?
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The registration of a trademark confers upon the owner the exclusive right to the use the trademark in relation to the goods or services in respect of which the mark is registered and to indicate so by using the symbol (R), and seek the relief of infringement in appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc. Also, where two or more persons have registered identical or nearly similar marks due to special circumstances, such exclusive right does not operate against each other.
- 8. What are the formalities and government fees for major trademark transactions?
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For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, and TM-51 etc. Fees: ₹4000/-In order to file a Notice of Opposition and to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: ₹ 2,500/- for each class covered
- For Renewal of a Regd. trademark (Form TM-12). Fees: ₹5,000/-
- Surcharge for belated renewal (Form TM-10).Fees: ₹3,000/-
- Restoration of removed mark (Form TM-13) Fees: ₹5,000/-
- Application for rectification of a registered trademark (Form TM-26) Fees: ₹3,000/-
- Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: ₹500/-
- Copyright search request and issuance of certificate (Form TM-60) Fees: ₹5,000/-.
- 9. What are the sources of trademark laws?
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- The national statues i.e., the Trade Marks Act, 1999 and rules made there under.
- International multilateral convention.
- National bilateral treaty.
- Regional treaty.
- Decision of the courts.
- Office practice reduced in Manuals and guidelines and rulings of the Courts
- Decision of Intellectual Property Appellate Board.
- Text books written by academician and professional experts.
- 10. What does the Register of trademark contain?
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The register of trademark currently maintained in electronic form contains inter alia the trademark the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trademark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.
- 11. Can any correction be made in the application or register?
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But the basic principle is that the trademark applied for should not be substantially altered affecting its identity. Subject to this changes are permissible according to rules detailed in the subordinate legislation.
- 12. Can a registered trademark be removed from the register?
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It can be removed on application to the Registrar on prescribed form on the ground that the mark is wrongly remaining on the register. The Registrar also can suo moto issue Notice for removal of a registered trademark.
- 13. Can foreign applicants also apply for the registration of their trademarks in India?
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Under the Madrid Protocol (the Madrid Agreement Concerning the International Registration of Marks dated 1891 which entered into force on December 1, 1995, and came into operation on April 1, 1996), an international trademark application may be filed through the trademark office of the applicant. This trademark office is also known as the Office of Origin. The Office of Origin receives the application and then forwards it to the WIPO.
- 14. What is the Madrid Protocol?
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Let’s try and understand this agreement with the help of an example. Imagine you have a trademark application for the mark SKIDOVE in India which has already been registered or has been applied for. The next step would be to file an application with the International Bureau (IB) with the details as per the application in India. You can then choose out of the 122 countries that are a party to the Madrid Protocol where you would prefer to file. All the offices that have been selected will receive the same details and the trademark SKIDOVE will be treated as if it was filed in that particular country directly.
- 15. Are there any advantages of filing under the Madrid Protocol?
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A few of them are listed out:-
- Common date of renewal for all the trademarks.
- Amendments to the marks will pass through the International Bureau; hence records are maintained facilitating easier audits.
- Costs are comparatively lesser.
- 16. Can the Madrid Protocol application be amended and renewed?
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The application with respect to those that are designating India need to be made only at WIPO, who in turn will notify the Indian Trademark Office. So any amendment to be made in the application can be made by filing a single application at WIPO which will be reflected in all the other designating countries.
- 17. Are there any advantages of filing under the Madrid Protocol?
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a) Application The trademark must be registered or at least applied for with the Indian Trademark Office in order for it to be eligible for filing under the Madrid Protocol. The Indian Trademark Office will then certify that the details in the international application are the same as those in the basic application/registration. The date on which the international application was filed is also to be made note of and then the application is forwarded to the WIPO.
b) WIPO Examination The WIPO, on receiving the application, then conducts a formal examination in order to verify the compliance of the application with the statutory requirements. On the observation of any irregularities found the necessary changes for the same need to be done within three months. If it is not remedied within the stipulated time, the application stands “Abandoned”.
c) WIPO Publication If all the steps until this point are correctly done, the application is recorded in the International Register and published in the WIPO Gazette of International Marks. A certificate of International Registration will be sent to the applicant by the WIPO. Further, the WIPO will notify all the other trademark offices of the fact that the applicant has chosen to extend the protection of that particular mark.
d) Examination by the Trademark Office of the Designated Country The Trademark Office of the Designated Country further examines the application for verification with the applicable laws as per that particular country. Within 12-18 months, the acceptance or refusal of the application will be conveyed to the WIPO, who in turn will inform the applicant about the decision of the trademark office of the Designated Country.
e) Advertisement and Registration The mark will then be advertised in the Indian Trademarks Journal where it shall be open to third party opposition for a period of 4 months. In the absence of any opposition after the period of 4 months, the protection for the trademark will be granted by the Indian Trademarks Registry.
- 18. What is a trademark class?
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The Trademark Registry has classified goods and services under 45 classes. Your application must mention the trademark class/classes the goods/services represent. The trademark would be registered under those classes only.
- 19. What trademark applications are commonly rejected?
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If your trademark is similar to an existing application, would hurt religious sentiments, contains geographical names or common words. It would also be rejected if it is likely to cause confusion. So you can't register the word 'car' for a car brand, but may do so for a brand of electronics.
- 20. When can we use the ™ symbol?
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As soon as you file the application, you receive an acknowledgement, which gives you the right to use the ™ symbol. Once it's registered, you can use the ® symbol
- 21. What if someone has a similar word trademarked?
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You can't get the word, but all is not lost. You could instead design a unique logo for your business and include the name in it. Take BMW as an example. The BMW is within the logo. A prefix would also be permissible. This is known as a logo composite mark. So there is a way out, but it is best to have a unique name.
- 22. How can I run a trademark search?
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Before settling on a brand name, you need to check if it can acquire the legal rights necessary to hold on it. This is because the commercial rights to a brand name belong to the owner of its trademark. To find out if yours has already been taken, you can run a trademark search, which is basically a database search of India’s Intellectual Property Database. Now, running the search is easy. Begin by selecting the wordmark and typing in the word/s you want to register. The results will tell you whether there already is another registration in that name.
If there is one, check its status. If it is either approved, applied, objected or opposed, it makes sense to pick another name. Do also check for phonetic similarities with other registered names. To do this, you need to select the dropdown at the top of the page. While the phonetic search isn’t very accurate, you can say with certainty that your trademark will be approved if there aren’t any relevant matches here either.
- 23. Who benefits from a trademark?
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If your brand name has already been registered, but under a different class, you're still in luck. Unless the brand is too well known (McDonald’s or Fiat, let’s say), your application is likely to be approved. If, on the other hand, a trademark has been registered by another brand after you began using it, you should take the matter seriously. Find out the origin of the goods and send the office a cease-and-desist letter. Although it does not apply exclusively to intellectual property, such a letter is usually sent in cases of infringement. If the party does not cease and desist from selling the goods with your trademark within the time mentioned in the letter, you may take them to court.
- 24. Do you need guarantee approval of our trademark?
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Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
- 25. Can I file the trademark in my own name?
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Many start-up founders register it in their own names, while large businesses would prefer to do so in the name of the company. This is because the future of a start-up is always in doubt. If owned by the founder, the trademark would be valid regardless of the state of the company. A trademark license agreement is, however, needed in this case.
- 26. What are the different kinds of trademarks I can have?
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Trademarks and copyrights are both intellectual property, but serve different purposes. A copyright applies to literary and audio-visual (music, photographs, and movies) works. So it’s an exclusive right granted to the creator or author of a book, script, software, music, photograph or movie. The owner has the right to stop the publication of any work that shares similarities with his/her work, unless it has been fairly used. Registration is not necessary. However, as copyright infringement has become commonplace in the Internet age, and you need a registration to take the matter to court, copyright registration has gained importance. A patent is a right granted for a product or process to an individual or enterprise. This right grants its owner the ability to exclude others from making, using, selling or importing the patented product or process without prior approval. In exchange for this right, the applicant must fully disclose the invention. A patent is valid for 20 years, after which it falls into the public domain.
- 27. What is meant by Intellectual Property?
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Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind.
The intellectual property is classified into seven categories i.e
- Patent
- Industrial Design
- Trade Marks
- Copyright
- Geographical Indications
- Lay out designs of integrated circuits
- Protection of undisclosed information/Trade Secret according to TRIPs agreements
- 28. What is meant by Property mark as per the Indian Penal Code, Sec. 479?
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A mark used for denoting that movable property belongs to a particular person is called a property mark. It means that marking any movable property or goods, or any case, package or receptacle containing goods; or using any case, package or receptacle, with any mark thereon. Practical example: The mark used by the Indian Railway on their goods may be termed as a Property Mark for the purpose of easy identification of the owner.