Trademark Filing Fees
Table of Contents
What is a Trademark?
A Trademark is a symbol that distinguishes one company’s goods or services from those of other companies. How much is Trademark Filing Fees in India, Government Filing Fee per class for Trademark.
Trademark Rules 2017 – First Schedule
Trademark Rules 2017 brought significant changes as follows:
- total number of Trademark (TM) Forms have been slashed from 74 to 8.
- emphasis on promotion of e-filing Trademark applications.
- 10% lower fee for online filing than that for physical filing. How much is Trademark Filing Fees in India, Government Filing Fee per class for Trademark.
How much is Trademark Filing Fees in India
The Government fees for Trademark application is as follows:
Entry No | On what payable | Corresponding Form Number | Amount in INR. | |
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) | TM-O | 3,000 | 2,700 |
3 | For renewal of registration of a trademark under section 25 for each class | TM-R | 10,000 | 9,000 |
4 | 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 | 4,500 Plus 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 | 10,000 Plus renewal fee applicable under entry 3 | 9,000 Plus 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 | TM-P | 10,000 | 9,000 |
7 | 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 trademarkunder section 59(1) for each trademark, or Conversion 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, 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 | |
9 | 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 | |
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) | TM-U | 5,000 | 4,500 |
11 | Request for search and issue of certificate under rule 22(1) | TM-C | 10,000 | 9,000 |
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. | TM-M | 1000 | 900 |
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 (Note: fee is for each class and for each mark) | Not allowed | 40,000 | ||
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. | TM-G | 5,000 | 4,500 |
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 1st day 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. | 5,000 Plus continuation fee as mentioned in entry number 20 | 4,500 Plus 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 |
Trademark Rules 2017 – Second Schedule
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), or | 1 |
Application for registration of collective Marks for specification of goods or services included in one or more than one classes under section 63 (1), or | |||
Application for registration of Certificate Marks for specification of goods or services included in one or more than one classes under section 71 (1), or | |||
Application for registration of trademark as series for specification of goods or services included in one or more than one classes under section 15 (3). | |||
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, or | 13,14,15,16, 17, 18 |
Seeking grounds of decision, or | |||
Seeking Registrar preliminary advice, or | |||
Application for deposition of regulation of collective trademark, or | |||
Alteration of regulation of certification trademark, or | |||
Request for Certified copy, or | |||
Duplicate Registration Certificate, or | |||
Extension of time, | |||
Request to review of decision to registrar, or | |||
Inspection of document, or | |||
Request to registrar for particulars of advertisement, or | |||
Review of Registrar’s decision, or | |||
Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or | |||
Request to inclusion of a mark in list of well-known trademarks, or | |||
Any other matters not covered in other TM forms. | |||
TM-R | Section: 25, Proviso to Section 25(3), 25(4). | Application of Renewal of a Trademarks, or | 3,4,5 |
Request for Renewal with surcharge, or | |||
Request for restoration of a trademark. | |||
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, 1999 Rules: 99, 105, 130, 136. |
On a notice of opposition under section 21(1), 64, 66 or 73, | 2 |
Application for rectification of register under section 47 to 57, 68, 77, | |||
Application under rule 99, 135, 140, or | |||
Application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. | |||
TM-P | Sec. 16 (5), 40(2), 41, 42, 43, 45, 58, 59, 60 | Request to replace subsequent proprietor as registered proprietor on register, or | 6, 7, 8, 9 |
Rules 75, 80, 83, 85, | Request to amend the details of registered proprietors or registered users, or | ||
Request to amendment of registered trademarks, or | |||
Request for amendment in specification of goods or services, or | |||
Request for conversion of goods, or | |||
Request for dissolution of association between trademarks. | |||
TM-U | Sections 49, 50, 50(1)(a), 50(1)(b), 50(1)(c) or (d). | Application for recordal of registered users, or | 10 |
Rule: 95. | Request for amendment in details of registered user, or | ||
Application for cancellation or variation of registered user, or | |||
Application to intervene in the proceedings by third party. | |||
TM-G | Rules 147, 153, 154. | Application of registration of a Trademark Agent, or | 19,20,21,22 |
Request for continuation as a Trademark agent, or | |||
Restoration of the Trademark agent name in register, or | |||
Alteration related to details of Trademarks Agents in the register. |
First Schedule, Trademark Rules 2002
Entry No | On what payable | Corresponding Form Numbe | Amount Rs. |
1 | On application to register a trade mark for a specification of goods or services included in one class [Section 18(1) | TM-1 | 3500 |
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 | TM-22 | 3500 |
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 | TM-2 | 3500 |
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 | TM-52 | 3500.00 for each class |
5 | On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services | TM-51 | 3500.00 for each class |
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 classe | TM-8 | 3500.00 for each trade mark and for each separate class thereo |
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 classe | TM-37 | 3500.00 for each trade mark and for each separate class thereo |
8 | On application under section 63(1) to register a collective mark for a specification of goods or services included in a class | TM-3 | 10,000.00 |
9 | On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class | TM-4 | 10,000.00 |
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) | TM-45 | 3500 |
11 | On a request under rule 40(1) to state grounds of decision | TM-15 | 1000 |
12 | On a notice of opposition under section 21 (1), 64, 66 or 73 for each class opposed | TM-5 | 2500 |
13 | On application for extension of time for filing notice of opposition under section 21(1 | TM-44 | 500 |
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 | TM-6 | 1000 |
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 | TM-7 | 500 |
16 | On application under section 16(5) to dissolve the association between registered trade marks | TM-14 | 500.00 for each dissolution |
17 | For renewal under section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged | TM-12 | 5,000.00 |
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 For every additional mark of the series of eac separate class | TM-12 | 5,000.0 2500.0 |
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 | TM-12 | 5,000.0 for each class |
20 | For renewal under section 25 of the registration of a collective mark/certification trade mark | TM-12 | 20,000.00 |
21 | On application under section 25(4) for restoration of a trade mark removed from the register | TM-13 | 5000 |
22 | On application for renewal under proviso to section 25(3) within six months from the expiration of last registration of the trade mark | TM-10 | 3000.00 as surcharge |
23 | On application for certificate of the Registrar under section 40(2) For the first mark proposed to be assigned For every additional mark of the same proprieto included in that assignment | TM-17 | 2500.0 500.0 |
24 | On application for approval of the Registrar under | TM-19 | 2500 |
section 41 For the first trade mark For every additional mark of the sam proprietor included in the same transfer | 500 | ||
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 For every additional mark assigned with th same devolution of title | TM-20 | 2500 |
2500.0 500.0 | |||
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 mont Not exceeding two month Not exceeding three month | TM-21 | 500 |
1000 | |||
1500 | |||
27 | On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark | TM-23 | 5000 |
7500 | |||
OR | |||
TM | |||
If made within six months from the date of acquisition of proprietorship | TM-23 | 10,000.00 | |
If made after expiration of six months but before 12 months from the date of acquisition of proprietorship | OR | ||
If made after 12 months from date of acquisition of proprietorship | TM | ||
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: | TM-23 | 5000 |
OR | 1000 | ||
TM-24 | |||
If made within six months from the date of acquisition of proprietorship For the first mar | TM-23 | 7500 | |
OR | |||
TM-24 | |||
For every additional mar | TM-23 | 1500 | |
OR | |||
TM-24 | |||
If made after the expiration of six months but before twelve months from the date of acquisition of proprietorship: | TM-23 | 10,000.00 | |
For the first mar | OR | 2000 | |
For every additional mar | TM-24 | ||
If made after expiration of twelve months from the date of acquisition of proprietorship: | |||
For the first mar | |||
For every additional mar | |||
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 Not exceeding four month Not exceeding six month | TM-25 | 500 |
1000 | |||
1500 | |||
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 trade mar | TM-26 | 3000 |
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 | TM-27 | 500 |
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 | TM-28 | 5000 |
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 trade marks 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 mar For every additional mark of the proprietor included in the application, and in the registered user agreemen | TM-28 | 5000.0 3000.0 |
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 trade marks are covered by the same registered user in respect of each of them: For the first mar For every additional mark included in the applicatio | TM-29 | 5000.0 2500.0 |
35 | On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trade mark Where the application includes more than one trade mark For the first mar For every additional mark included in the applicatio | TM-30 | 2500.0 2500.0 500.0 |
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: Where the application includes more than one trade mark: For the first mar For every additional mark included in the applicatio | TM-31 | 5000.0 5000.0 |
2000 | |||
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 trade mar | TM-32 | 500 |
38 | On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mar where there has been no change. 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 Indi where the application includes more than one trade mark For the first trade mar For every additional mark included in the applicatio | TM-33 | 1000 |
1000 | |||
1000.0 500.0 | |||
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 – and where the address in each case is the same and is altered in the same way For the first entr For every other entry included in the applicatio | TM-34 | 500 |
500.0 200.0 | |||
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 and the address for service to be entered is the same in each case For the first entr For every other entry included in the application | TM-50 | 500.0 500.0 |
200 | |||
41 | On application to alter or substitute an entry of an address for service inIndia 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 and is altered or substituted in the same way For the first entr For every other entry included in the applicatio | TM-50 | 500 |
500 | |||
200 | |||
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 | TM-35 | 200 |
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 trade mark and the addition or alteration to be made in each case being the same For the first mar For every other mark included in the application | TM-38 | 2500 |
2500 | |||
1000 | |||
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 | TM-39 | 1500 |
45 | On application under section 60 for conversion of specification | TM-40 | 1000 |
46 | On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification or specifications of a registered trade mark For the first mar For every additional mark included in the notice of opposition | TM-41 | 1500 |
1500 | |||
700 | |||
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 trade marks For the regulation of one registration 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 | TM-42 | 1000 |
1000 | |||
200 | |||
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 | TM-43 | 1000 |
49 | Deleted | ||
50 | On request for the Registrar’s preliminary advice under section 133(1) for a trade mark in respect of one class | TM-55 | 1000 |
51 | On request for certificate of the Registrar under section 137( other than a certificate under section 23(2)) | TM-46 | 500 |
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 | TM-46 | 500 |
53 | On request for a certified copy of any entry in the register or of any document under section 148(2) | TM-46 | 500 |
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 clas | TM-47 | 200 |
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 | TM-16 | 500 |
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) | TM-56 | 500 |
57 | On application for review of the Registrar’s decision under section 127 (c | TM-57 | 2000 |
58 | On petition (not otherwise charged) for obtaining Registrar’s order on any interlocutory matter in a contested proceeding | 2500 | |
59 | On request to Registrar for particulars of advertisement of a mark under rule 46 | TM-58 | 250 |
60 | For inspecting the documents mentioned in section 148(1): relating to any particular trade mark for every hour or part thereof search of index mentioned in section 148 for every hour or part thereo | 200 | |
200 | |||
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 Rs. 5.00 | |
62 | On request for a duplicate or further copy of certificate rule 62(3 | TM-59 | 500 |
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 | TM-9 | 1500 |
64 | For search and issue of certificate under rule 24(3) | TM-60 | 5000 |
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 | TM-74 | 3000 |
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 | TM-73 | 3000 |
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 | TM-7 | 500 |
68 | On a request to divide an application or to divide a single application under proviso to section 22 | TM-53 | 1000.00 plus appropriate class fee |
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 | TM-61 | 10.00 per characters |
70 | On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark | TM-62 | 1000 |
71 | On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark | TM-63 | 12,500.00 |
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) | TM-64 | 10,000.00 |
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) | TM-65 | 10,000.00 |
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 | TM-7 | 2500 |
75 | Delete | ||
76 | On request for an expedited search and issuance of a certificate under rule 24(5) | TM-72 | 25000 |
77 | On application for registration as a trade mark agent under 152 | TMA-1 | 1000 |
78 | For registration of a person as a trade mark agent under rule 154 | 1000 | |
79 | For continuance of the name of a person in the Register of Trade Marks Agents under rule 156: For every year (excluding the first year) to be paid on the 1st April, in each year 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 | 1000.0 1000.0 | |
80 | On application for restoration of the name of a person to the Register of trade marks agents under rule 159 | TMA-2 | 1000.00 plus continuance fee under entry no. 79 |
81 | On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160 | TMA-3 | 200 |
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 | |
83 | On a single application under section 18(2) for the registration of a collective mark for different classes of goods or services | TM-66 | 10,000.00 for each class |
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 | TM-67 | 10,000.00 for each class |
85 | On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services | TM-68 | 10,000.00 for each class |
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) | TM-69 | 10,000.00 for each class |
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 | TM-75 | 5000 |
Second Schedule, Trademark Rules 2002
Entry No | Section | Title Entry | Form No | Act 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) | TM-1 | 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) | TM-2 | 3 |
3 | 63(1) | Application for registration of a collective mark | TM-3 | 8 |
4 | 71(1) | Application for registration of a certification trade mark. | TM-4 | 9 |
5 | 21(1),64, 66, 73 | Notice of opposition to an application for registration of a trade mark, collective mark or certification trade mark. | TM-5 | 12 |
6 | 21(2), 47, 57, 59(2) | Form of counterstatement | TM-6 | 14 |
7 | 21, 47, 57, 59, 64,66 73 and 77 | Notice of intention to attend hearing. | TM-7 | 15 |
8 | 15(3) | Application for registration of series trade marks for goods or services in a class or different classes | TM-8 | 6 |
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 | TM-9 | 63 |
10 | 25(3) | Proviso Payment of surcharge towards renewal of to trade mark, certification trade mark and collective mark. | TM-10 | 22 |
11 | 25 | Application for renewal after expiry of last registration of a trade mark/collective mark/certification trade mark | TM-12 | 17 to 20 |
12 | 25(4) | Application for restoration of a trade mark removed from the register | TM-13 | 21 |
13 | 16(5) | Application to dissolve association between registered trade mark | TM-14 | 16 |
14 | 40(1) | Rule Request for statement of grounds of decision | TM-15 | 11 |
15 | 18(4), 22 and 58 | Request for correction of clerical error or for amendment Rule 41 | TM-16 | 55 |
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. | TM-17 | 23 |
17 | 40(2) | Affidavit in support of statement of case. | TM-18 | Rule 68 |
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. | TM-19 | 24 |
19 | 42, Rule 74(1) | Application for directions for advertisement of an assignment of trade marks otherwise than in connection with goodwill of the business. | TM-20 | 25 |
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 trade marks otherwise than in connection with the goodwill of the business. | TM-21 | 26 |
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 | TM-22 | 2 |
22 | 45 | Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title. | TM-23 | 27,28 |
23 | 45,Rule 68 | Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title. | TM-24 | 27,28 |
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. | TM-25 | 29 |
25 | 47, 57 | Application for the rectification of the register or the removal of a trade mark from the register. | TM-26 | 30, Rule 92 |
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. | TM-27 | 31 |
27 | 49, Rule 80 | Application for registration of registered user | TM-28 | 32,33 |
28 | 50 (1)(a), | (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. | TM-29 | 34 |
Rule 87 | ||||
29 | 50(1)(b), | (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. | TM-30 | 35 |
Rule 88(1) | ||||
30 | 50(1)(c) or (d), Rule 88(1) | (c) Application for cancellation of entry of a or | TM-31 | 36 |
(d) registered user of a trade mark of a trade mark. | ||||
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 | TM-32 | 37 |
32 | 58, | Request to enter change of name or description of registered proprietor (or registered user of trade mark upon the register). | TM-33 | 38 |
Rules 91,97 | ||||
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 | TM-34 | 39 |
34 | 58 (1)(c ), Rule 97 | Application by registered proprietor of trade mark for the cancellation of entry thereof in the register. | TM-35 | 42 |
35 | 58(1)(d). | 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 | |
Rule 97 | ||||
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 | TM-37 | 7 |
37 | 59(1) | Application by registered proprietor under Section 59 for an addition to or alteration of a registered trade mark | TM-38 | 43 |
38 | 59(2), Rule 99(2) | Notice of opposition to application for addition to or alteration of a registered trade mark | TM-39 | 44 |
39 | 60, Rule 101 | Application by the proprietor of a registered trade mark for the conversion of the specification | TM-40 | 45 |
40 | 60(2), Rule 101(4) | Notice of opposition to proposal for conversion of specification under section 60(2) | TM-41 | 46 |
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 | TM-42 | 47 |
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. | TM-43 | 48 |
43 | 21(1) Rule 47(6) | Rule Application for extension of time for giving notice of opposition to a trade mark | TM-44 | 13, 47(6) |
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 | TM-45 | 10, 154 (2) |
45 | 137 or 148(2), Rule 119 and 120 | Request for certificate of the Registrar or certified copies of documents | TM-46 | 51 to 53 |
46 | 141 Rule 124 | Request for entry in the register and advertisement of a note of the certificate of validity by the Appellate Board. | TM-47 | 54 |
47 | 145 and | Form of Authorisation of Agent in a matter or proceeding under the Act | TM-48 | |
Rule 21 | ||||
48 | 63, 71 Rule 128(1),135(1) | Regulations for governing the use of a Rule 128(5) collective trade mark or acertification 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 inIndia. | TM-50 | 40,41 |
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. | TM-51 | 5 |
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) | TM-52 | 4 |
52 | 22 Rule 104(1) | Proviso Divisional application to section 22 | TM-53 | 68 |
53 | Deleted | |||
54 | 133(1) Rule 23 | Preliminary advice as to distinctiveness | TM-55 | 50 |
55 | 131, Rule 105 | Request for extension of time | TM-56 | 56 |
56 | 127(c), Rule 115 | On application for review of Registrar’s decision | TM-57 | 57 |
57 | Rule 46 | Application for particulars of advertisement of a trade mark | TM-58 | 59 |
58 | Rule 62(3) | Application for duplicate or further copy of certificate of registration | TM-59 | 62 |
59 | Rule 24(3) | Application for search and certificate under Section 45(1) of the Copyright Act, 1957 | TM-60 | 64 |
60 | Rule 25(16) | Application for inclusion of specification of goods or services in excess of five hundred characters | TM-61 | 69 |
61 | 43, Rule 140(2) | Application for the consent of the Registrar to Rule 140(2) the assignment or transmission of certification trade mark | TM-62 | 70 |
62 | Rule 38(1) | Request for expedited examination of an application for the registration of a trade mark under Rule 38(1) | TM-63 | 71 |
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) | TM-64 | 72 |
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) | TM-65 | 73 |
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 | TM-66 | 83 |
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) | TM-67 | 84 |
67 | 18(2), 71 | Single application for registration of a certifi- cation trade mark for different classes of goods or services | TM-68 | 85 |
68 | 18(2), 71, 154(2), | Single application for registration of a certifiation trade mark for different classes of goods or services from a convention country under section 154(2). | TM-69 | 86, 71 |
69 | 137, 148. Rule 8(2)( c), Provision to Rule 119 | proviso Request for expedited certificate of the Registrar or certified copies of documents | TM-70 | 74 |
70 | Rule 8(2)(c ), 24(5) | Request for expedited search certificate under section 45(1) of the Copyright Act,1957 | TM-72 | 76 |
71 | Section 25(a), | Request to refuse or invalidate a trade mark Of Geogra- Consisting of a geographical indication. phical Indi- cations of . Goods (Registration and Protection)Act, 1999, Rule 74(2) of Geographical Indications Goods Rules, 2001 and Rule 102 of Trade Marks Rules, 2001 | TM-73 | 66 |
Rule 74(2) | ||||
72 | Section 25(b), Rule 75(2) | Request to refuse or invalidate a trade mark of Geogra- conflicting with or containing or consisting phical Indi- of a geographical indication notified under cations of sub-section (2) of section 22 of the Goods Geographical Indications of Goods (Regi- (Registration stration and Protection)Act,1999 and Protection)Act, 1999, Rule 75(2) of Geographical Indications Goods Rules and Rule 102 of Trade Marks Rules, 2001 | TM-74 | 65 |
73 | Rule 32 | Request for search and issuance of certificate under Rule 32 | TM-75 | 87 |
74 | Rule 153 | Application for registration as a trademark agent | TMA-1 | 77 |
75 | Rule 159 | Application for restoration of the name of person to the register of trade marks agents | TMA-2 | 80 |
76 | Rule 160 | Application for the alteration of an entry in the Register of Trade Marks Agents. | TMA-3 | 81 |