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Union of India - Section

Section 158 in The Trade Marks Rules, 2017

158. Repeal.

- The Trade Marks Rules, 2002, are hereby repealed without prejudice to anything done under such rules before the coming into force of these rules.The First Schedule(See Rule 11)Fees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 forspecification of goods or services included in one or more thanone 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 eachmark )
2 On a notice of opposition under section 21(1),64, 66 or 73 or application for rectification of register undersection 47 to 57, 68, 77 or application under rule 99, 103,135,140 or On application under section 25 of GeographicalIndication of Goods (Regulations and Protection) Act, 1999 toinvalidate a trademark or counter statement relatedthereto.(Note: Fee is for each class opposed orcounterstatement filed) 3,000 2,700 TM-O
3 For renewal of registration of a trademark undersection 25 for each class 10,000 9,000 TM-R
4 Application for renewal with surcharge ofregistration of a Trademarks under section 25 (3) for each class 5,000Plus renewal fee applicable under entry3 4,500Plus renewal fee applicable under entry3
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 entry3 9,000Plus renewal fee applicable under entry3
6 On application under section 45 to register asubsequent proprietor in case of assignment or transfer for eachtrademark 10,000 9,000 TM-P
7 On application for:Certificate of theRegistrar under section 40 (2), orFor approval of theRegistrar under section 41, orDirection of the Registrar foradvertisement of Assignment without goodwill under section 42,orAdd or alter a registered trademark under section 59 (1)for each trademark, orConversion of specification underSection 60 for each trademark. 3,000 2,700
8 On application for:Extension of time forapplying for direction under section 42 for advertisement ofassignment without goodwill, orExtension of time forregistering a company as subsequent proprietor of trademarksunder section 46(4), orConsent of Registrar to the assignmentor transmission of a certification trademark under section 43,orChange a name and/ or description of a registeredproprietor or a registered user of a trademark under section 58for each trademark. 2,000 1,800
9 On application for:Dissolution ofassociation between trademarks under section 16(5), orChangein address or address for service in India of RegisteredProprietors under section 58 for each trademark, orRequestfor cancellation of an entry in the register or part thereofunder section 58 for each trademark. 1,000 900
10 Application undersection 49 to a registered user of a registered trademark inrespect of goods or servicesOrOn application underclause (a) of sub-section (1) of section 50 to vary the entry ofa registered user of one trademark where the trademarks arecovered by the same registered user in respect of each of themOrOn application underclause (b), (c) or (d) of sub-section (1) of section 50 forcancellation of entry of a registered user of one trademarkOrOn notice under rule 95 (2) of intention tointervene in one proceeding for the variation or cancellation ofentries 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 certificateunder rule 22(1) 10,000 9,000 TM-C
12 Request for an expedited search and issuance ofcertificate under rule 22 (3) Not allowed 30,000
13 On application for :Extension of time, orCertified copy, orDuplicate Registration Certificate, orinspection ofdocument, orParticulars ofadvertisement to registrar, orseeking grounds ofdecision of Registrar, orEnter in the registerand advertise a note of certificate of validity under rule 127,Amendment intrademark application, orParticulars of advertisement of a trademark toRegistrar under rule 41. 1000 900 TM-M
14 On application for:Deposition ofregulation of collective trademark under section 66 or alterationof regulation of certification trademark under section 74 (2), orSeeking Registrarpreliminary advice, orFor division of an application. 2,000 1,800
15 On application for:Review of Registrar'sdecision, orPetition (nototherwise charged) for obtaining Registrar's order for anyinterlocutory matter in a contesting proceeding, orAny other matters not covered in other TM forms. 3,000 2,700
16 On request for anexpedited certificate of the Registrar (other than a certificateunder section 23(2) of the Act) or certified copies of thedocuments under proviso to rule 122(Note: for entry in respect of eachregistered trademark or for each document) 5,000 4,500
17 On application under rule 34 for expeditedprocess 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 ofwell- known trademark(Note: applicable fee is for one markonly.) Not allowed 1,00,000
19 On application for registration of a person as atrademark agent under rule 147 & 149. 5,000 4,500 TM-G
20 For continuance of the name of a person in theRegister of a trademark Agents under rule 150 for every Five yearto be paid on or before 1stday of succeedingfinancial year. 10,000 9,000
21 On application for restoration of the name of aperson to the Register of trademarks agents under rule 153 within3 years from the date of removal of registration. 5,000Plus continuation fee as mentioned inentry number 20 4,500Plus continuation fee as mentioned inentry number 20
22 On application for an alteration of any entry inthe Register of trademarks Agent under rule 154 1,000 900
23 Handling fee for certification and transmissionof international application to International Bureau with MM2(E) Not allowed 5,000 --
The Second ScheduleForms
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 forspecification of goods or services included in one or more thanone classes under section 18 (1) or 18 (2), orApplication forregistration of collective Marks for specification of goods orservices included in one or more than one classes under section63 (1), orApplication for registration of Certificate Marksfor specification of goods or services included in one or morethan one classes under section 71 (1), orApplication forregistration of trademark as series for specification of goods orservices included in one or more than one classes under section15 (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 Registrarpreliminary advice, orApplication for deposition ofregulation of collective trademark, orAlteration ofregulation of certification trademark, orRequest forCertified copy, orDuplicate Registration Certificate,orExtension of time,Request to review of decision toregistrar, orInspection of document, orRequest toregistrar for particulars of advertisement, orReview ofRegistrar's decision, orPetition (not otherwise charged) forobtaining Registrar's order for any interlocutory matter in acontesting proceeding, orRequest to inclusion of a mark inlist of well-known trademarks, orAny other matters notcovered 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 forrestoration 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 andProtection) Act, 1999Rules: 99, 105, 130, 136. On a notice of opposition under section 21(1),64, 66 or 73,Application for rectification of register undersection 47 to 57, 68, 77,Application under rule 99, 135, 140,orApplication under section 25 of Geographical Indication ofGoods (Regulations and Protection) Act, 1999 to invalidate atrademark 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 asregistered proprietor on register, orRequest to amend thedetails of registered proprietors or registered users, orRequestto amendment of registered trademarks, orRequest foramendment in specification of goods or services, orRequestfor conversion of goods, orRequest for dissolution ofassociation 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 registereduser, orApplication to intervene in the proceedings by thirdparty. 10
TM-G Rules 147, 153, 154. Application of registration of a TrademarkAgent, orRequest for continuation as a Trademark agent,orRestoration of the Trademark agent name in register,orAlteration related to details of Trademarks Agents in theregister. 19, 20, 21, 22
List of FormsForm TM-AThe Trade Marks Act, 1999Application 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 followingcategories-
1. Standard trademark, 2. Collective Mark, 3. CertificationMark, 4. Series Marks
Standard trademark here means an application forregistration of a trademark not being a Collective orCertification trademark or Series of marks
(b) In case of Collective Mark or Certification Mark thedraft regulations with form TM-M must be submitted.]
2. Whether application filed as(Please choose and specify)In case of startup/ Small Enterprise, requisite certificateshould 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'sprincipal place of business in India]
Address for service:  
  (State)(Country)
(a) [ Unless otherwise specifically stated, the applicant'saddress shall be the address for service of the applicant who hasprincipal place of business in India.
(b) The address for service in India must be provided, incase the applicant does not carry business in India]
Mobile No.:  
E-mail address*:  
Nature of the applicant:  
[The applicant must chooseeither of the following categories-1. Individual, 2. Partnership Firm, 3. Body-incorporateincluding Private Limited/ limited Company, 4. Limited LiabilityPartnership, 5. Society 6. Trust 7. Government Department 8.Statutory Organization. 9. Association of persons 10. HinduUndivided Family
4. Applicant's Agent (if any):  
Name*:  
Address*:  
[In case of authorization of agent, the address of theagent 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 followingcategories-
1. Registered Trade Marks Agent, 2. Advocate 3. ConstitutedAttorney]
Registration No.:  
5. Trademark: (trademark to be mentioned here)
Category of mark:  
[The applicant must choose either of the followingcategories-
1.Word mark(it includes one or morewords, letters, numerals or anything written in standardcharacter), 2.Device mark(it includes any label,sticker, monogram, logo or any geometrical figure other than wordmark), 3.Colour(when the distinctiveness is claimed inthe combination of colours with or without device), 4.Threedimensional trademark(it includes shape or packaging ofgoods), 5.Sound
Description of the mark:  
(a) [ Description of mark must be provided in terms of Rule26.
(b) In case of trademarks submitted inspecific combination of colours other than black and white, itshall be presumed that the distinctiveness of the mark is claimedin that combination of colours and application will be consideredaccordingly.
(c) In case of colour marks the description may be like"The trade mark consists of three vertical stripes in thecolours PURPLE, GREEN and YELLOW applied to the fascias ofbuildings and to doors as shown in the representation of themark."
(d) In case of sound marks representation of specificmusical notes must be submitted at the place provided for thetrademark. The applicant is also required to submit soundclipping 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 beprovided in case the mark is in a language other than Hindi orEnglish
Translation of the mark in English:  
[Translation of the mark in English must be provided incase 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 usedby the applicant or its predecessor in titleSince ........................................in respect of all the goods and/ or service mentioned in theapplication.
(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 theapplication.
(c) In case the use of the Trade Mark is claimed prior tothe date of application, the applicant shall file an affidavittestifying to such use along with supporting documents
(d) The statement as to use of the mark once made shall befinal]
10. Priority Claim, If any:  
Priority claimed since DD/MM/YYYY
Priority claim based on application filed in theConventionCountry or organization Name of the country or organization
Priority Application No.  
[The priority must be claimed in respect of all goods andservices mentioned in the application]
11. Any other Important Information or Statement:  
[Applicant may provide here any other information orstatement in relation to his application]
12. Verification: I hereby verify that above mentioned facts aretrue and correct to best of my knowledge and belief.
13. Detail of the Person Submitting the Application:  
Signature:  
Name:  
Authority:  
Form TM-MThe Trade Marks Act, 1999Application/ 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 filledcompulsorily.Part B is further divided into severalsubcategories and the same is required to be chosen by theapplicant as per requirement and be filled accordingly.[Note:One form is meant for one request only. Different forms should besubmitted for different requests. In case more than one requestis claimed in one form the first one will be entertained and restof 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 behalfthe application/ request is being submitted.
(b) 'Applicant' or 'Registered Proprietor'here means the person who is recorded as such in TMR records inrespect of the referred application or registered trademark. The'Opponent' here means the Opponent in the referred oppositionproceeding or an Applicant for Rectification desiring to cancelor vary the registration of the trademark of someone else. 'ThirdParty' 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 theaddress for service of the applicant who has principal place ofbusiness in India.
(b) The address for service in India must be provided, incase 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. ConstitutedAttorney]
Registration No.  
[In case of authorisation of agent, theaddress of the agent may be mentioned as the address for serviceof the Applicant or Registered Proprietor/ Opponent/ Third Partyas 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 BPurpose of Request[application column required to be ticked as filled in]
a For correction of clerical error or for amendment underrule 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 adocument under rule 122    
If request is for Expedited certificate Yes or No
[In case of request for expedited certificate, the fee willbe 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 rule41  
e Request for Review of Registrar's decision  
Hearing Date  
Order No. and date  
[Number of associated applications/registered trademarknumbers 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 thetrademark, U/S 133 mark to be entered/ pasted here
h Request of expedited examination of an application underrule 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 rule56 (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 acollective trademark or a certification trademarks under section66 Purpose Fee in Rs
n A request to enter in the register and advertise a note ofcertificate of validity, under rule 127 Purpose Fee in Rs
o On Petition (not otherwise charged) for obtainingRegistrar's order for any interlocutory matter in a contestingproceeding Purpose Fee in Rs
p For payment of Misc. fee(s) for other purpose(s) apart fromabove Purpose Fee in Rs
q Regulation for governing the use of a collective trademarkor 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-RThe Trade Marks Act, 1999Application 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 boxagainst the respective head]  
1 Applicant
[The Applicant here means the person on whose behalf therequest is being submitted. He will ordinarily be the registeredproprietor of the mark]
Fee: (See First Schedule for Appropriate Fee)As per requirementmentioned 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'saddress shall be the address for service of the applicant who hasprincipal place of business in India.
(b) The address for service in India must be provided, incase 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 followingcategories-
1. Registered Trade Marks Agent 2. Advocate 3. ConstitutedAttorney]
Registration No.:  
[In case of authorisation of agent, the address of theagent may be mentioned as the applicant's address for service]
3 Trade Mark Type :  
(a) [ one of the followingcategories must be chosen-1. Standard trademark, 2.Collective Mark, 3. Certification Mark, 4. Series Marks(b) 'Standard mark' here refers to registration of a normaltrademark not being Collective or Certification trademarks orSeries 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 lastregistration.  
Restoration and renewal of registration of the trade markremoved from the register  
7 Detail of the Person Submitting the Application  
Signature:  
Name:  
Authority:  
8 List of Documents attached:  
Form TM-CThe Trade Marks Act, 1999Application 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'sprincipal place of business in India]
Address for service:  
  (State) (Country)
(a) [ Unless otherwisespecifically stated, the applicant's address shall be the addressfor service of the applicant who has principal place of businessin India.(b) The address for service in India must be provided, incase the applicant does not carry business in India]
Mobile No :  
E-mail address: *  
Nature of the applicant  
[The applicant must chooseeither of the following categories-1. Natural person-Single Proprietor, 2. Naturalperson-Partnership Firm, 3. Body-incorporate including PrivateLimited/ limited Company, 4. Limited Liability Partnership, 5.Society 6. Trust 7. Government Department 8. StatutoryOrganization. 9. any other]
2 Applicant's Agent (if any)  
Name:  
address  
Mobile No :  
E-mail address:  
Nature of the Agent  
[The applicant must chooseeither of the following categories-1. Registered Trade Marks Agent, 2. Advocate 3. ConstitutedAttorney]
Registration No.  
[In case of authorisation of agent, the address of theagent 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-OThe Trade Marks Act, 1999Opposition/ 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 PartyMaking The Application/ Request  
(a) [ Anyone from the above, must be chosen on whose behalfthe Notice/ Application/ Request is being submitted.
(b) 'Applicant' or 'Registered Proprietor'here means the person who is recorded as such in TMR records inrespect of the referred application or registered trademark. The'Opponent' here means the Opponent in the referred oppositionproceeding or an Applicant for Rectification desiring to cancelor vary the registration of the trademark of someone else. 'ThirdParty' 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 theaddress for service of the applicant who has principal place ofbusiness in India.
(b) The address for service in India must beprovided, in case the applicant/ opponent/ third party as thecase 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 followingcategories-
1. Registered Trade Marks Agent, 2. Advocate 3. ConstitutedAttorney]
Registration No.  
[In case of authorisation of agent, theaddress of the agent may be mentioned as the address for serviceof the applicant/ opponent/ third party as the case may be]
3 PurposeThis column is divided in three subcategories and the sameis required to be chosen by the applicant as per requirement andbe 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 needsto be drafted in detail and verified by the Opponent/ Applicantfor 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 andverified by the Applicant/ Registered Proprietor forRectification and the same needs to be attached]
c Request to refuse or invalidate a trade marku/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 indetail and verified by the Applicant; and an affidavit of theapplicant 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-PThe Trade Marks Act, 1999Application 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 severalsubcategories and the same is required to be chosen by theapplicant as per requirement and be filled accordingly.
[Note: One form ismeant for one request only. Different forms should be submittedfor different requests. In case more than one request is claimedin one form the first one will be entertained and rest of therequests will be ignored.](a) [ One form ismeant for request of one change only. Different forms should befiled up for different changes(b) The relevant information must be filledup in colored box against the respective head.]
Part A[application details]
1 [The Applicant here means the person on whose behalf therequest is being submitted. He will ordinarily be the registeredproprietor of the mark or a person claiming to be subsequentproprietor of the mark by virtue of any assignment ortransmission]
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'saddress shall be the address for service of the applicant who hasprincipal place of business in India.
(b) The address for service in India must be provided, incase 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 theagent may be mentioned as the applicant's address for service]  
 
Mobile No*:  
E-mail address*:  
Nature of the Agent  
[The applicant must chooseeither of the following categories-1. Registered Trade Marks Agent, 2. Advocate 3. ConstitutedAttorney]
3 Request/ Application for Amendments in theDetails of Registration of a Trademark
Registered TM No(s).  
[In case of request made for more than one trademarks, thefirst trademark number should be written.]
Additional Nos., if any:  
Reason for amendment:  
Type of Mark  
(a) [ The applicant must choose either of the followingcategories-
1. Standard trademark, 2. Collective Mark, 3. CertificationMark, 4. Series Marks
Standard mark' here means an application for registrationof a normal trademark not being Collective or Certificationtrademarks or Series of marks]
Part BPurpose of Request[application column required to be ticked as filled in]
a Request for Amendment In Proprietor/ Registered usersdetail[single request can be made under one application]
Amendment Requested In
Proprietor Name/ Registered user name :[This blockshould be used only when there is no change in the proprietorshipof 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 requestedshould 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 beclearly mentioned here.]
d Dissolution of the association between a registered trademarksand other trademarks
  Registered trademark No(s) [Enter the trade marks numbers whose association with thereferred registered trademark is requested to be dissolved]
e Assignment or Transmission of Registered trademark(s)
Assignment Applicant must mentioned as assignment iswith goodwillor 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 oneassignees, against relevant row. ]
(b) [ Please mention the region specifically with theproposed 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) mustbe mentioned here and the statement of case with copy of theassignment 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 bementioned here and the statement of case with copy of theassignment or transmission must be submitted.]
i Application under Section 42 for direction of the Registrarfor advertisement of assignment without goodwill of a trademark
Request for the direction  
[The details of the request in terms of Section 42 must bementioned here and the statement of case with copy of theassignment or transmission must be submitted.]
j Application for the consent of the registrar to theassignment or transmission of certification trademark
Draft deed of proposed assignment and statement of case bealong with affidavit submitted  
k Application for extension of time under Section 42 fordirection of the Registrar for advertisement of assignmentwithout goodwill of a trademark
Application for extension of time  
[The details in terms of Section 42 must be mentionedhere.]
Application submitted within the period from the date ofacquisition or devolution Not exceeding one month
Not exceeding two month
Not exceeding three month
l Application for extension of time under Section 46 (4) forregistering a company as subsequent proprietor of a trademark
Application for extension of time  
[The details in terms of Section 46(4) must be mentionedhere.]
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-UThe Trade Marks Act, 1999Application 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 thesame is required to be chosen by the applicant as per requirementand be filled accordingly.
[Note: One form is meant for one request only. Differentforms should be submitted for different requests. In case morethan one request is claimed in one form the first one will beentertained 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 coloredbox against the respective head.]
Part A[application details]
  nature of the referred Registration  
(a) [ The applicant must chooseeither 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 thedraft 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 chooseeither of the following categories-1. Individual, 2. Partnership Firm, 3. Body-incorporateincluding Private Limited/limited Company, 4. Limited LiabilityPartnership, 5. Society 6. Trust 7. Government Department 8.Statutory Organization. 9. Association of persons 10. HinduUndivided 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 theaddress of the applicant's principal place of business in India](a) [ Unless otherwisespecifically stated, the applicant's address shall be the addressfor service of the applicant who has principal place of businessin India.(b) The address for service in India must be provided, incase 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 followingcategories- Registered Trade Marks Agent, 2. Advocate 3.Constituted Attorney]
3 Registered trademark No(s). in respect of which the requestis made  
Class(es):  
Part BPurpose 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 withregard 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 attachmentwith TM-U*
d Notice of intention to intervene in proceedings forvariation or cancellation in regard to registration of registereduser
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-GThe Trade Marks Act, 1999Trade Marks Agent Registration/ Renewal/ Restoration/ Alteration
[The relevant information must be filled up in colored boxagainst 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 BPurpose 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 markagent  
Whether at any time removed from the Register of Trade MarksAgents and if so the details thereof  
b Application for continuation/restoration of the name of aperson 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 continuationis filed  
c Application for alteration in the Register of Trade MarksAgents
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 ScheduleForms to be used by the RegistrarList 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 atrademarks Agent
Form RG-1Government of India,Trade Marks Registry,Trade Marks Act, 1999Notice 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 MarksTo,_________________________Form RG-2Government of India,Trade Marks Registry,Trade Marks Act, 1999Certificate 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-3Government of India,Trade Marks Registry,Trade Marks Act, 1999Notice 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 ........................ 20Registrar of Trade marks.To,_________________Form RG-4Government of India,Trade Marks Registry,Trade Marks Act, 1999Certificate 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 MarksThe 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 ofwitnesses 500
3 For adjournment of hearing granted on the petition of anyparty Rs. 1000 plus cost for re-summoning were due tobe examined on the day
4 For striking out scandalous matter from an affidavit. 5,000
5 For not contesting the Opposition proceeding by the applicantif opposition filed after reasonable notice 10,000
6 For not contesting the Opposition proceeding by the opponentafter filing of the Counter statement in the oppositionproceedings 10,000
7 For attendance of witnessesSubsistence allowanceTravelling allowance 1000 (see note below)The fare by rail or steamer for the first classor the second class each way and if there is no rail or steamercommunication Rs. 50 or Rs. 20 per km. depending upon the rankand status of the witness.
Note: the rates of subsistence allowance andtravelling allowance for witness shall vary according to thestatus of the witness subject to the maximum prescribed above
Scale costs allowable of in rule 118 proceedings before the Registrar