- The Trade Marks Rules, 2002, are hereby repealed without prejudice to anything done under such rules before the coming into force of these rules.
The First Schedule
(See Rule 11)
Fees
Entry No.
On what payable
Amount in INR.
Corresponding Form Number
For Physical filing
For E-filing
(1)
(2)
(3)
(4)
(5)
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
10,000
9,000
(Note: Fee is for each class and for each
mark )
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
4
Application for renewal with surcharge of
registration of a Trademarks under section 25 (3) for each class
5,000Plus renewal fee applicable under entry
3
4,500Plus renewal fee applicable under entry
3
5
Application for renewal with surcharge/
restoration and renewal of a Trademarks under section 25 (3), 25
(4) for each class
10,000Plus renewal fee applicable under entry
3
9,000Plus renewal fee applicable under entry
3
6
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
7
On application for:Certificate of the
Registrar under section 40 (2), orFor approval of the
Registrar under section 41, orDirection of the Registrar for
advertisement of Assignment without goodwill under section 42,
orAdd or alter a registered trademark under section 59 (1)
for each trademark, orConversion of specification under
Section 60 for each trademark.
3,000
2,700
8
On application for:Extension of time for
applying for direction under section 42 for advertisement of
assignment without goodwill, orExtension of time for
registering a company as subsequent proprietor of trademarks
under section 46(4), orConsent of Registrar to the assignment
or transmission of a certification trademark under section 43,
orChange 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
9
On application for:Dissolution of
association between trademarks under section 16(5), orChange
in address or address for service in India of Registered
Proprietors under section 58 for each trademark, orRequest
for cancellation of an entry in the register or part thereof
under section 58 for each trademark.
1,000
900
10
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
11
Request for search and issue of certificate
under rule 22(1)
10,000
9,000
TM-C
12
Request for an expedited search and issuance of
certificate under rule 22 (3)
Not allowed
30,000
13
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.
1000
900
TM-M
14
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
15
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
16
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
17
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
Not allowed
40,000
(Note: fee is for each class and for each mark)
18
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
19
On application for registration of a person as a
trademark agent under rule 147 & 149.
5,000
4,500
TM-G
20
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 1stday of succeeding
financial year.
10,000
9,000
21
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.
5,000Plus continuation fee as mentioned in
entry number 20
4,500Plus continuation fee as mentioned in
entry number 20
22
On application for an alteration of any entry in
the Register of trademarks Agent under rule 154
1,000
900
23
Handling fee for certification and transmission
of international application to International Bureau with MM2(E)
Not allowed
5,000
—
The Second Schedule
Forms
Form No.
Section and Rules of the Act & Rules
Title for which form may be used
Entry number of first Schedule
1
2
3
4
TM-A
Sections 15, 15(3), 18(1), 18(2), 63(1), 71,
71(1), 154(2).
Application for registration of a trademark for
specification of goods or services included in one or more than
one classes under section 18 (1) or 18 (2), orApplication for
registration of collective Marks for specification of goods or
services included in one or more than one classes under section
63 (1), orApplication for registration of Certificate Marks
for specification of goods or services included in one or more
than one classes under section 71 (1), orApplication for
registration of trademark as series for specification of goods or
services included in one or more than one classes under section
15 (3).
1
TM-M
Sections 18(4), 22, proviso to 22, 23(2), 43,
58, 66, 74(2), 127(c), 131, 133(1), 137, 148(2),Rules: 23,
36, 36(1), 41, 56(3), 108, 109, 122, 124, 127.
Request for amendment in trademark application,
orSeeking grounds of decision, orSeeking Registrar
preliminary advice, orApplication for deposition of
regulation of collective trademark, orAlteration of
regulation of certification trademark, orRequest for
Certified copy, orDuplicate Registration Certificate,
orExtension of time,Request to review of decision to
registrar, orInspection of document, orRequest to
registrar for particulars of advertisement, orReview of
Registrar's decision, orPetition (not otherwise charged) for
obtaining Registrar's order for any interlocutory matter in a
contesting proceeding, orRequest to inclusion of a mark in
list of well-known trademarks, orAny other matters not
covered in other TM forms.
13, 14, 15, 16, 17, 18
TM-R
Section: 25, Proviso to Section 25(3), 25(4).
Application of Renewal of a Trademarks,
orRequest for Renewal with surcharge, orRequest for
restoration of a trademark.
3, 4, 5
TM-C
rule 22(1), rule 22(3)
Application for Search certificate request
11, 12
TM-O
Sections 21, 21(1), 47-57, 59, 64, 66, 68, 73,
77 and 25 of Geographical Indication of Goods (Regulation and
Protection) Act, 1999Rules: 99, 105, 130, 136.
On a notice of opposition under section 21(1),
64, 66 or 73,Application for rectification of register under
section 47 to 57, 68, 77,Application under rule 99, 135, 140,
orApplication under section 25 of Geographical Indication of
Goods (Regulations and Protection) Act, 1999 to invalidate a
trademark or counter statement related thereto.
2
TM-P
Sec. 16 (5), 40(2), 41, 42, 43, 45, 58, 59,
60Rules 75, 80, 83, 85
Request to replace subsequent proprietor as
registered proprietor on register, orRequest to amend the
details of registered proprietors or registered users, orRequest
to amendment of registered trademarks, orRequest for
amendment in specification of goods or services, orRequest
for conversion of goods, orRequest for dissolution of
association between trademarks.
6, 7, 8, 9
TM-U
Sections 49, 50, 50(1)(a), 50(1)(b), 50(1)(c) or
(d).Rule: 95.
Application for recordal of registered users,
orRequest for amendment in details of registered user,
orApplication for cancellation or variation of registered
user, orApplication to intervene in the proceedings by third
party.
10
TM-G
Rules 147, 153, 154.
Application of registration of a Trademark
Agent, orRequest for continuation as a Trademark agent,
orRestoration of the Trademark agent name in register,
orAlteration related to details of Trademarks Agents in the
register.
19, 20, 21, 22
List of Forms
Form TM-A
The Trade Marks Act, 1999
Application for registration of a trademark
[The relevant information must be filled up in coloured box against the respective head]
1.
Nature of the Application:
(a) [ The applicant must choose either of the following
categories-
1. Standard trademark, 2. Collective Mark, 3. Certification
Mark, 4. Series Marks
Standard trademark here means an application for
registration of a trademark not being a Collective or
Certification trademark or Series of marks
(b) In case of Collective Mark or Certification Mark the
draft regulations with form TM-M must be submitted.]
2.
Whether application filed as(Please choose and specify)
In case of startup/ Small Enterprise, requisite certificate
should be provided.
(Individual/ startup/ Small Enterprise/ others)
Fee :
(See First Schedule for Appropriate Fee)
3.
Applicant
Name: *
Trading as:
Address:*
(State)
(Country)
[This address should be the address of the applicant's
principal place of business in India]
Address for service:
(State)
(Country)
(a) [ Unless otherwise specifically stated, the applicant's
address shall be the address for service of the applicant who has
principal place of business in India.
(b) The address for service in India must be provided, in
case the applicant does not carry business in India]
Mobile No.:
E-mail address*:
Nature of the applicant:
[The applicant must choose
either of the following categories-
1. Individual, 2. Partnership Firm, 3. Body-incorporate
including Private Limited/ limited Company, 4. Limited Liability
Partnership, 5. Society 6. Trust 7. Government Department 8.
Statutory Organization. 9. Association of persons 10. Hindu
Undivided Family
4.
Applicant's Agent (if any):
Name*:
Address*:
[In case of authorization of agent, the address of the
agent may be mentioned as the applicant's address for service]
Mobile No.* :
E-mail address*:
Nature of the Agent:
[The applicant must choose either of the following
categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted
Attorney]
Registration No.:
5.
Trademark:
(trademark to be mentioned here)
Category of mark:
[The applicant must choose either of the following
categories-
1.Word mark(it includes one or more
words, letters, numerals or anything written in standard
character), 2.Device mark(it includes any label,
sticker, monogram, logo or any geometrical figure other than word
mark), 3.Colour(when the distinctiveness is claimed in
the combination of colours with or without device), 4.Three
dimensional trademark(it includes shape or packaging of
goods), 5.Sound
Description of the mark:
(a) [ Description of mark must be provided in terms of Rule
26.
(b) In case of trademarks submitted in
specific combination of colours other than black and white, it
shall be presumed that the distinctiveness of the mark is claimed
in that combination of colours and application will be considered
accordingly.
(c) In case of colour marks the description may be like
"The trade mark consists of three vertical stripes in the
colours PURPLE, GREEN and YELLOW applied to the fascias of
buildings and to doors as shown in the representation of the
mark."
(d) In case of sound marks representation of specific
musical notes must be submitted at the place provided for the
trademark. The applicant is also required to submit sound
clipping in MP3]
6.
If Mark in a Language other than Hindi or English:
Language:
Transliteration of the mark in roman script:
[Transliteration of the mark in roman script must be
provided in case the mark is in a language other than Hindi or
English
Translation of the mark in English:
[Translation of the mark in English must be provided in
case the mark is in a language other than Hindi or English
7.
Conditions or Limitations to use the trademark, if any
8.
Class of Goods or Service:
Description of Goods and Service:
9.
Statement as to use of Mark:
[ ] Proposed to be used
[ ] The mark is used
by the applicant or its predecessor in title
Since .......................................
in respect of all the goods and/ or service mentioned in the
application.
(a) [ The applicant must select either of the above
(b) The date of use must be given in the format
(DD/MM/YYYY) and shall refer to all items mentioned in the
application.
(c) In case the use of the Trade Mark is claimed prior to
the date of application, the applicant shall file an affidavit
testifying to such use along with supporting documents
(d) The statement as to use of the mark once made shall be
final]
10.
Priority Claim, If any:
Priority claimed since
DD/MM/YYYY
Priority claim based on application filed in theConvention
Country or organization
Name of the country or organization
Priority Application No.
[The priority must be claimed in respect of all goods and
services mentioned in the application]
11.
Any other Important Information or Statement:
[Applicant may provide here any other information or
statement in relation to his application]
12.
Verification:
I hereby verify that above mentioned facts are
true and correct to best of my knowledge and belief.
13.
Detail of the Person Submitting the Application:
Signature:
Name:
Authority:
Form TM-M
The Trade Marks Act, 1999
Application/ Request for any miscellaneous function in respect of a trademark Application/ Opposition/ Rectification under the Trade Marks Act
This form is divided into three Parts i.e. A, B
& C.Part A and C are required to be filled
compulsorily.Part B is further divided into several
subcategories and the same is required to be chosen by the
applicant as per requirement and be filled accordingly.[Note:
One form is meant for one request only. Different forms should be
submitted for different requests. In case more than one request
is claimed in one form the first one will be entertained and rest
of the requests will be ignored.]
Part A
[applicants details]
1
Fee
(See First Schedule for Appropriate Fee)
Applicant or Registered Proprietor/ Opponent/
Third Party Making the Application/ Request
(a) [ Anyone from the above, must be chosen on whose behalf
the application/ request is being submitted.
(b) 'Applicant' or 'Registered Proprietor'
here means the person who is recorded as such in TMR records in
respect of the referred application or registered trademark. The
'Opponent' here means the Opponent in the referred opposition
proceeding or an Applicant for Rectification desiring to cancel
or vary the registration of the trademark of someone else. 'Third
Party' means the person who is not a party to the application/
opposition/ Rectification referred to.]
Name: *
Trading as
Address:*
(State) (Country)
Address for service:
(State) (Country)
(a) [ Unless otherwise specifically stated,
the applicant's/ opponent's/third party's address shall be the
address for service of the applicant who has principal place of
business in India.
(b) The address for service in India must be provided, in
case the above person does not carry on business in India]
Mobile No :
E-mail address: *
2
Agent of the applicant or registered proprietor/ opponent/
third party, as the case may be, (if any)
Name:
address
Mobile No:
E-mail address:
Nature of the Agent
[One of the following categories must be chosen -
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted
Attorney]
Registration No.
[In case of authorisation of agent, the
address of the agent may be mentioned as the address for service
of the Applicant or Registered Proprietor/ Opponent/ Third Party
as the case may be.]
3
Request/ Application in the Matter of
Application/ Opposition/ Rectification No
Reference No
[Anyone of the above must be chosen]
Additional Reference, if required
Part B
Purpose of Request
[application column required to be ticked as filled in]
a
For correction of clerical error or for amendment under
rule 37
Details of corrections
b
Statement of grounds of Registrar's decision under rule 36
Hearing Date
Order No. and date
c
For certificate of the Registrar or certified copy of a
document under rule 122
If request is for Expedited certificate
Yes or No
[In case of request for expedited certificate, the fee will
be ordinarily five times of normal request]
Details of certified copy required
No of copies of document required
d
For particulars of advertisement of a trade mark under rule
41
e
Request for Review of Registrar's decision
Hearing Date
Order No. and date
[Number of associated applications/registered trademark
numbers and fee in Rs are to be entered here]
f
Request for extension of time under rule 109
Reason for extension of time period
period of extension of time requested
g
Preliminary Advice about the distinctiveness of the
trademark, U/S 133
mark to be entered/ pasted here
h
Request of expedited examination of an application under
rule 34
Declaration of reason for expedited examination
i
Division of an Application under rule 108
Class to be divided
Trademark(s) (in case of series marks) to be divided
j
Request for duplicate Registration Certificate under rule
56 (3)
k
Request for Inclusion of Trademark in the list of Well-
Known Trademarks Registration Certificate under rule 124
Representation of the Mark (paste here)
Fee in Rs.
Is requested mark is registered with Trademark Registry, India
- if Yes (details there off
l
Request for the inspection of the document under rule 121
Purpose
Fee in Rs
m
Amendment of regulation for governing the use of a
collective trademark or a certification trademarks under section
66
Purpose
Fee in Rs
n
A request to enter in the register and advertise a note of
certificate of validity, under rule 127
Purpose
Fee in Rs
o
On Petition (not otherwise charged) for obtaining
Registrar's order for any interlocutory matter in a contesting
proceeding
Purpose
Fee in Rs
p
For payment of Misc. fee(s) for other purpose(s) apart from
above
Purpose
Fee in Rs
q
Regulation for governing the use of a collective trademark
or a certification trademarks
Copy of the draft regulation should be attached
r
For submitting Authorization of Agent under rule 19
[The copy of the Power of Attorney must be attached]
Part C
[details of the person making application/ request and details of documents submitted]
a
Details of the person Submitting the Application
Signature
Name
Authority
b
List of Documents Attached, If Any
Form TM-R
The Trade Marks Act, 1999
Application for Renewal/ Restoration of registration of a trademark or for payment of surcharge towards the renewal
[The relevant information must be filled up in colored box
against the respective head]
1
Applicant
[The Applicant here means the person on whose behalf the
request is being submitted. He will ordinarily be the registered
proprietor of the mark]
Fee:
(See First Schedule for Appropriate Fee)As per requirement
mentioned in column 6
Name: *
Trading as
Address:*
(State) (Country)
Address for service:
(State) (Country)
Mobile No.:
E-mail address*:
(a) [ Unless otherwise specifically stated, the applicant's
address shall be the address for service of the applicant who has
principal place of business in India.
(b) The address for service in India must be provided, in
case the applicant does not carry business in India]
Mobile No :
E-mail address: *
2
Applicant's Agent (if any)
Name*:
Address*:
Mobile No* :
E-mail address*:
Nature of the Agent*
[The applicant must choose either of the following
categories-
1. Registered Trade Marks Agent 2. Advocate 3. Constituted
Attorney]
Registration No.:
[In case of authorisation of agent, the address of the
agent may be mentioned as the applicant's address for service]
3
Trade Mark Type :
(a) [ one of the following
categories must be chosen-
1. Standard trademark, 2.
Collective Mark, 3. Certification Mark, 4. Series Marks
(b) 'Standard mark' here refers to registration of a normal
trademark not being Collective or Certification trademarks or
Series of marks]
4
Trade Mark No:
5
Class(es)
(In case of multi-class number of classes to be mentioned)
6
Payment for (Select from below)
Renewal before expiry of last registration of trade mark
Renewal if filed within 6 months after expiry of last
registration.
Restoration and renewal of registration of the trade mark
removed from the register
7
Detail of the Person Submitting the Application
Signature:
Name:
Authority:
8
List of Documents attached:
Form TM-C
The Trade Marks Act, 1999
Application for Search and certificate under section 45(1) of the Copyright Act, 1957
[The relevant information must be filled up in coloured box against the respective head]
1
Applicant
Fee:
(See First Schedule for Appropriate Fee)
Name:*
trading as:
Address:*
(State) (Country)
[This address should be the address of the applicant's
principal place of business in India]
Address for service:
(State) (Country)
(a) [ Unless otherwise
specifically stated, the applicant's address shall be the address
for service of the applicant who has principal place of business
in India.
(b) The address for service in India must be provided, in
case the applicant does not carry business in India]
Mobile No :
E-mail address: *
Nature of the applicant
[The applicant must choose
either of the following categories-
1. Natural person-Single Proprietor, 2. Natural
person-Partnership Firm, 3. Body-incorporate including Private
Limited/ limited Company, 4. Limited Liability Partnership, 5.
Society 6. Trust 7. Government Department 8. Statutory
Organization. 9. any other]
2
Applicant's Agent (if any)
Name:
address
Mobile No :
E-mail address:
Nature of the Agent
[The applicant must choose
either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted
Attorney]
Registration No.
[In case of authorisation of agent, the address of the
agent may be mentioned as the applicant's address for service
3
Expedited (Y/N)
space of label/ image
4
Detail of the Person Submitting the Application
Signature
Name
Authority
5
Details of Documents Attached
Form TM-O
The Trade Marks Act, 1999
Opposition/ Application for Rectification of the Register/ Counter statement/ Refusal or invalidation of a trademark under Geographical Indication of Goods (Regulation and Protection) Act, 1999
[The relevant information must be filled up in coloured box against the respective head]
[In case of off line filing, the form should be fined in duplicate]
1
Applicant or Registered Proprietor/ Opponent/ Third Party
Making The Application/ Request
(a) [ Anyone from the above, must be chosen on whose behalf
the Notice/ Application/ Request is being submitted.
(b) 'Applicant' or 'Registered Proprietor'
here means the person who is recorded as such in TMR records in
respect of the referred application or registered trademark. The
'Opponent' here means the Opponent in the referred opposition
proceeding or an Applicant for Rectification desiring to cancel
or vary the registration of the trademark of someone else. 'Third
Party' means the person who is not a party to the application/
opposition/ Rectification referred to.]
Fee
(See First Schedule for Appropriate Fee)
Name*
trading as:
Address:*
(State) (Country)
Address for service:
(State) (Country)
Mobile No :
E-mail address*:
(a) [ Unless otherwise specifically stated,
the applicant's/ opponent's/ third party's address shall be the
address for service of the applicant who has principal place of
business in India.
(b) The address for service in India must be
provided, in case the applicant/ opponent/ third party as the
case may be, does not carry on business in India]
Mobile No :
E-mail address: *
2
Agent of the Applicant or Registered Proprietor/ Opponent/
Third Party, as the case may be, (if any)
Name*:
Address*:
Mobile No* :
E-mail address*:
Nature of the Agent:
[The applicant must choose either of the following
categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted
Attorney]
Registration No.
[In case of authorisation of agent, the
address of the agent may be mentioned as the address for service
of the applicant/ opponent/ third party as the case may be]
3
Purpose
This column is divided in three subcategories and the same
is required to be chosen by the applicant as per requirement and
be filled accordingly.
a
In the matter of filing opposition/
rectification
Application/ Registered Trade Mark No.
Class (es)
Trade Mark
Application published in Journal No.
[The copy of the journal publication needs to be attached]
Grounds of Opposition/ Rectification
[Grounds of Opposition/ Application for Rectification needs
to be drafted in detail and verified by the Opponent/ Applicant
for Rectification and the same should be attached ]
b
In the Matter of (for filing Counter Statement)
Opposition/ Rectification No.
Class(es)
Application/ Registered Trade Mark No.
Details of Counter statement
[Counter Statement needs to be drafted in detail and
verified by the Applicant/ Registered Proprietor for
Rectification and the same needs to be attached]
c
Request to refuse or invalidate a trade mark
u/s 25(a) (b) of GI Act, 1999
Application/ Registered Trade Mark No
Class(es)
Statement of Case
[Statement of Case needs to be drafted in
detail and verified by the Applicant; and an affidavit of the
applicant in support, needs to be attached.]
4
Detail of the Person Submitting the Application
Signature
Name
Authority
5
List of Documents Attached, If any
Form TM-P
The Trade Marks Act, 1999
Application for Post registration changes in the trademarks
This form is divided into three Parts i.e. A, B & C.
Part A and C are required to be filled compulsorily.
Part B is further divided into several
subcategories and the same is required to be chosen by the
applicant as per requirement and be filled accordingly.
[Note: One form is
meant for one request only. Different forms should be submitted
for different requests. In case more than one request is claimed
in one form the first one will be entertained and rest of the
requests will be ignored.]
(a) [ One form is
meant for request of one change only. Different forms should be
filed up for different changes
(b) The relevant information must be filled
up in colored box against the respective head.]
Part A
[application details]
1
[The Applicant here means the person on whose behalf the
request is being submitted. He will ordinarily be the registered
proprietor of the mark or a person claiming to be subsequent
proprietor of the mark by virtue of any assignment or
transmission]
Fee
(See First Schedule for Appropriate Fee)
Name: *
trading as:
Address:*
(State) (Country)
Address for service*:
(State) (Country)
(a) [ Unless otherwise specifically stated, the applicant's
address shall be the address for service of the applicant who has
principal place of business in India.
(b) The address for service in India must be provided, in
case the applicant does not carry business in India]
Mobile No :
E-mail address: *
2
Applicant's Agent (if any)
Name*:
Address*:
[In case of authorization of agent, the address of the
agent may be mentioned as the applicant's address for service]
Mobile No*:
E-mail address*:
Nature of the Agent
[The applicant must choose
either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted
Attorney]
3
Request/ Application for Amendments in the
Details of Registration of a Trademark
Registered TM No(s).
[In case of request made for more than one trademarks, the
first trademark number should be written.]
Additional Nos., if any:
Reason for amendment:
Type of Mark
(a) [ The applicant must choose either of the following
categories-
1. Standard trademark, 2. Collective Mark, 3. Certification
Mark, 4. Series Marks
Standard mark' here means an application for registration
of a normal trademark not being Collective or Certification
trademarks or Series of marks]
Part B
Purpose of Request
[application column required to be ticked as filled in]
a
Request for Amendment In Proprietor/ Registered users
detail[single request can be made under one application]
Amendment Requested In
Proprietor Name/ Registered user name :[This block
should be used only when there is no change in the proprietorship
of the mark by virtue of assignment or transmission]
Address:
Address For Service:
Agent/ Attorney Details:
[Any of the above may be chosen and the change requested
should be clearly mentioned against relevant column.]
b
Amendment in the Trademark
Enter or paste proposed trade mark here
Striking Out Goods or Services from the Register
[Change requested should be clearly mentioned here.]
Conversion of Specification of Goods and Services
[change requested should be clearly mentioned here]
c
Cancellation of the Registration
[Cancellation of the registration requested should be
clearly mentioned here.]
d
Dissolution of the association between a registered trademarks
and other trademarks
Registered trademark No(s)
[Enter the trade marks numbers whose association with the
referred registered trademark is requested to be dissolved]
e
Assignment or Transmission of Registered trademark(s)
Assignment
Applicant must mentioned as assignment iswith goodwill
or without goodwill
Date of assignment deed or the date of transmission
f
Assignment to different people for different parts of India
Name of proposed assignee
Address of proposed assignee
(a) [ Add details of assignees if there are more than one
assignees, against relevant row. ]
(b) [ Please mention the region specifically with the
proposed assignee ]
g
Certificate of the Registrar under section 40 (2)
Request for the certificate under rule 83
[The details of the request in terms of Section 40(2) must
be mentioned here and the statement of case with copy of the
assignment must be submitted.]
h
Approval of the Registrar under section 41
Request for the approval
[The details of the request in terms of Section 41 must be
mentioned here and the statement of case with copy of the
assignment or transmission must be submitted.]
i
Application under Section 42 for direction of the Registrar
for advertisement of assignment without goodwill of a trademark
Request for the direction
[The details of the request in terms of Section 42 must be
mentioned here and the statement of case with copy of the
assignment or transmission must be submitted.]
j
Application for the consent of the registrar to the
assignment or transmission of certification trademark
Draft deed of proposed assignment and statement of case be
along with affidavit submitted
k
Application for extension of time under Section 42 for
direction of the Registrar for advertisement of assignment
without goodwill of a trademark
Application for extension of time
[The details in terms of Section 42 must be mentioned
here.]
Application submitted within the period from the date of
acquisition or devolution
Not exceeding one month
Not exceeding two month
Not exceeding three month
l
Application for extension of time under Section 46 (4) for
registering a company as subsequent proprietor of a trademark
Application for extension of time
[The details in terms of Section 46(4) must be mentioned
here.]
Application submitted within the period
Not exceeding two months
Not exceeding four months
Not exceeding six month
[Any one of the above should be selected]
Part C
[details of the person making application/request and details of document is submitted]
a
Signature
Name
Authority
b
List of documents attached
Form TM-U
The Trade Marks Act, 1999
Application for registration of Registered User/ Variation of Registered User/ Cancellation of Registered Users and Notice of intention to intervene in proceeding in cancellation/ variation
This form is divided into three Parts i.e. A, B & C.
Part A and C are required to be filled compulsorily.
Part B is further divided in several subcategories and the
same is required to be chosen by the applicant as per requirement
and be filled accordingly.
[Note: One form is meant for one request only. Different
forms should be submitted for different requests. In case more
than one request is claimed in one form the first one will be
entertained and rest of the requests will be ignored.]
(a) [ One form is meant for request of one change only.
Different forms should be filed up for different changes
(b) The relevant information must be filled up in colored
box against the respective head.]
Part A
[application details]
nature of the referred Registration
(a) [ The applicant must choose
either of the following categories-
1. Standard trademark, 2.
Collective Mark, 3. Certification Mark, 4. Series Marks
(b) In case of Collective Mark or Certification Mark the
draft regulations with form TM-M must be submitted.]
Fee
(See First Schedule for Appropriate Fee)
1
Details of Applicants
a
Name of the Registered Proprietor*:
trading as:
Address*:
(State) (Country)
Mobile No:
E-mail address:*
Address for service of the Registered
Proprietor:
(State) (Country)
b
Name of the proposed Registered User*:
Nature of the proposed user
[The applicant must choose
either of the following categories-
1. Individual, 2. Partnership Firm, 3. Body-incorporate
including Private Limited/limited Company, 4. Limited Liability
Partnership, 5. Society 6. Trust 7. Government Department 8.
Statutory Organization. 9. Association of persons 10. Hindu
Undivided Family
trading as*:
Address:*
(State) (Country)
Mobile No :
E-mail address: *
Address for service of the Proposed Registered user:
(State) (Country)
c
Name of the intervener
trading as:
Address:*
(State) (Country)
Mobile No:
E-mail address: *
[This address should be the
address of the applicant's principal place of business in India]
(a) [ Unless otherwise
specifically stated, the applicant's address shall be the address
for service of the applicant who has principal place of business
in India.
(b) The address for service in India must be provided, in
case the applicant does not carry business in India]
2
Applicant's agent (if any)
a
Registered Proprietor's Agents
Name:
Address:
Mobile No* :
E-mail address*:
Nature of the Agent
b
Proposed Registered User's agent
Name:
Address:
Mobile No* :
E-mail address*:
Nature of the Agent
[The applicant must choose either of the following
categories- Registered Trade Marks Agent, 2. Advocate 3.
Constituted Attorney]
3
Registered trademark No(s). in respect of which the request
is made
Class(es):
Part B
Purpose of Request
[appropriate column required to be ticked and filled in]
a
Request For Registration of Registered User
Description of goods and services
Period
From _____________ to ___________________
Condition if any
b
For variation of the registration of registered user with
regard to goods/ service or the condition/ restriction
Details of variation requested
c
Cancellation of the registration of registered user
Grounds for cancellation
Statement of ground required to be submitted as attachment
with TM-U*
d
Notice of intention to intervene in proceedings for
variation or cancellation in regard to registration of registered
user
Ground for intervention in proceeding
Part C
[details of the person making application/ request and details of document is submitted]
Detail of the Applicant(s)
Signature
Name
Authority
Details of documents attached
Form TM-G
The Trade Marks Act, 1999
Trade Marks Agent Registration/ Renewal/ Restoration/ Alteration
[The relevant information must be filled up in colored box
against the respective head]
Part A
[applicants details]
Fee
(See First Schedule for Appropriate Fee)
Name in full beginning with surname(in capital letters)*
Father's/ Husband's Name*
Address of residence*
(State) (Country)
Principle place of business*
(State) (Country)
Nationality*
Mobile No*:
E-mail address:*
Part B
Purpose of Request
[appropriate column required to be ticked and filled accordingly]
a
Application for Registration as Trademark Agent
Date of Place of Birth
Occupation in full
Particulars of qualification for registration as a trade mark
agent
Whether at any time removed from the Register of Trade Marks
Agents and if so the details thereof
b
Application for continuation/restoration of the name of a
person in the Register of Trade Marks Agents
Trade Mark Agent No.
Name:
address
Mobile No :
E-mail address:
i
Period for Continuation:
From_________ to ____________
ii
Date of expiration of last registration:
Years after which request for restoration and continuation
is filed
c
Application for alteration in the Register of Trade Marks
Agents
Trade Mark Agent No.:
Name:
Details to be altered in and as
Name:
Address of place of residence
Address of principle place of business
Educational Qualification
Mobile No:
E-mail address:
Part C
[details of the person making application/request and details of document is submitted]
Signature
Name
Authority
List of documents attached
The Third Schedule
Forms to be used by the Registrar
List of Forms
Form No.
Section
Title
RG-1
23(3)
Notice of non-completion of registration
RG-2
23(2)
Certificate of registration of trade mark
RG-3
25(3)
Notice of expiration of last registration.
RG-4
Rule 149
Certificate of registration of a person as a
trademarks Agent
Form RG-1
Government of India,
Trade Marks Registry,
Trade Marks Act, 1999
Notice of non-completion of registration Section 23(3) Rule 52. Application No ..................... Notice is hereby given as required by section 23(3) of the Trade Marks Act,1999 , that the registration of the trademark, in respect of which application numbered as above was made on the ...................... day of ................... 20 ...................... has not been completed by reason of default on the part of the applicant.
Unless the default is rectified within twenty-one days from the date of this notice, the application will be treated as abandoned.
All communications relating to this application may be sent to the following address in India:-
Dated this...........day of ................ 20 ...........
Registrar of Trade Marks
To,
_________________________
Form RG-2
Government of India,
Trade Marks Registry,
Trade Marks Act, 1999
Certificate of registration of trademark [section 23(2), rule 56(1)]
Trade Mark No. ................
Date ......................
Certified that the trademark, of which a representation appears here, has been registered in the register in the name of .................in Class(es)............. under No....................as of the date ...................... in respect of .......................
Sealed at my direction this:. ................day of .............20...........
Registrar of Trade marks.
Registration is for 10 years from the date first above-mentioned and may then be renewed for a period of 10 years, and also at the expiration of each period of 10 years thereafter. (See section 25 of the Trade Marks Act, 1999 and Rules 57 to 61 of the Trade Marks Rules, 2017).
This certificate is not for use in legal proceedings or for obtaining registration abroad.
Note. - Upon any change of ownership of this trade mark, or change in address of the principal place of business or address for service in India, application should AT ONCE be made to register the change.
Form RG-3
Government of India,
Trade Marks Registry,
Trade Marks Act, 1999
Notice of expiration of registration of trademark [section 23(2); rule 58 (1)]
Registered Trade Mark No. ...............
Class ........................
Notice is hereby given as required in section 25(3) of the Trade Marks Act, 1999 that the registration of the aforesaid trade mark will expire on..................... and that the registration can be renewed for a further period of 10 years on receipt in the Trade Marks Registry of an application on the enclosed Form TM-12 accompanied by the prescribed fee of Rs. ................... on or before the said date.....................
Dated this............... day of ....................... 20
Registrar of Trade marks.
To,
_________________
Form RG-4
Government of India,
Trade Marks Registry,
Trade Marks Act, 1999
Certificate of registration as Trade Marks Agent (rule 149)
No. .........................
This is to certify that ............................................................................................... of ........................................................................... was registered on this .................................. day of .................................. 20 ................. in the Register of Trade Marks Agents maintained under rule 149 of the Trade Marks Rules, 2017.
Registrar of Trade Marks
The Forth Schedule
Entry No.
Matter in respect of which costs to be awarded
Amount (In Rupees)
1
For one day's hearing involving examination of witnesses
1,000
2
For one day's hearing when there is no examination of
witnesses
500
3
For adjournment of hearing granted on the petition of any
party
Rs. 1000 plus cost for re-summoning were due to
be examined on the day
4
For striking out scandalous matter from an affidavit.
5,000
5
For not contesting the Opposition proceeding by the applicant
if opposition filed after reasonable notice
10,000
6
For not contesting the Opposition proceeding by the opponent
after filing of the Counter statement in the opposition
proceedings
10,000
7
For attendance of witnesses
Subsistence allowance
Travelling allowance
1000 (see note below)
The fare by rail or steamer for the first class
or the second class each way and if there is no rail or steamer
communication Rs. 50 or Rs. 20 per km. depending upon the rank
and status of the witness.
Note: the rates of subsistence allowance and
travelling allowance for witness shall vary according to the
status of the witness subject to the maximum prescribed above
Scale costs allowable of in rule 118 proceedings before the Registrar