trusted by

Trademark Fee Schedule

Table of contents

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

5,000

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

10,000

9,000

TM-P

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 trademark under 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 trademarks under 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)

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 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

 

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), or

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).

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, or

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.

13,14,15,16, 17, 18

TM-R

Section: 25, Proviso to Section 25(3), 25(4).

Application of Renewal of a Trademarks, or

Request for Renewal with surcharge, or

Request 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)4757, 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,

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.

2

TM-P

Sec. 16 (5), 40(2), 41, 42, 43, 45, 58, 59, 60

Rules 75, 80, 83, 85,

Request to replace subsequent proprietor as registered proprietor on register, or

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.

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, or

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.

10

TM-G

Rules 147, 153, 154.

Application of registration of a Trademark Agent, or

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.

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), 4. 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 the Convention 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 multiclass 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]

 

 

 

 

 

 

 

 

 

[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 is with goodwill or without goodwill

Date of assignment deed or the date of transmission

 

 

 

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)

 

 

 

 

 

 

 

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*

 

 

 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

 

 

                                                                                                                             [F.No. 8/16/2017-IPR-IV]

                                                                                                                              RAJIV AGGARWAL, Jt. Secy.