Increase Fees of Trademark in India – Revision of Trademark Fees in India

GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND INDUSTRY

(DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION)

 

Notification

 

New Delhi the                 March, 2017

 

GSR ____ (E).- Whereas a draft of certain rules, namely, the Trade Marks Rules, 2015 were published as required under sub-section (4) of section 157 of Trade Marks Act, 1999 (47 of 1999), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 879 (E) dated, the 17th November, 2015, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;

And  whereas  copies  of  the  Gazette  were  made  available  to  the  public  on  the  17th November, 2015;

And whereas, objections and suggestions have been received from various persons and stakeholders within the specified period in respect of the draft rules contained in the said notification and all the objections and suggestions have been duly consulted by the Central Government Now, therefore, in exercise of the powers conferred by section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules in supersession of the to replace Trade Marks Rules, 2002, except as respect things done or omitted to be done before such supersession, namely:-

 

THE FIRST SCHEDULE
(See Rule 11)
FEES
Entry On what payable Amount in INR. Corresponding
No. Form Number
For Physical For E-filing
filing
(1) (2) (3) (4) (5)
1 Application for registration of a trademark /collective TM-A
Marks / Certification Mark / Series of trademark for
specification of goods or services included in one or more
than one classes.
Where the applicant is an Individual / Startup / 5,000 4,500
Small Enterprise
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 3,000 2,700 TM-O
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 For renewal of registration of a trademark under section 10,000 9,000 TM-R
25 for each class
4 Application for renewal with surcharge of registration of 5,000 4,500
a Trademarks under section 25 (3) for each class Plus renewal fee Plus renewal fee
applicable under applicable under
entry 3 entry 3
5 Application for renewal with surcharge/ restoration and 10,000 9,000
renewal of a Trademarks under section 25 (3), 25 (4) for Plus renewal fee Plus renewal fee
each class applicable under applicable under
entry 3 entry 3
6 On application under section 45 to register a subsequent 10,000 9,000 TM-P
proprietor in case of assignment or transfer for each
trademark
7 On application for: 3,000 2,700
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.
8 On application for: 2,000 1,800
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.
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9 On application for: 1,000 900
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.
10 Application under section 49 to a registered user of a 5,000 4,500 TM-U
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)
11 Request for search and issue of certificate under rule 10,000 9,000 TM-C
22(1)
12 Request for an expedited search and issuance of Not 30,000
certificate under rule 22 (3) allowed
13 On application for: 1000 900 TM-M
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.
14 On application for: 2,000 1,800
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.
15 On application for: 3,000 2,700
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.
16 On request for an expedited certificate of the Registrar 5,000 4,500
(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)
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 / Not 20,000
Small Enterprise allowed
In all other cases Not 40,000
allowed
(Note: fee is for each class and for each mark)
18 Request to include a trademark in the list of well- known Not 1,00,000
trademark (Note: applicable fee is for one mark only.) allowed

 

19 On application for registration of a person as a trademark 5,000 4,500 TM-G
agent under rule 147 & 149.
20 For continuance of the name of a person in the Register of 10,000 9,000
a trademark Agents under rule 150 for every Five year to
be paid on or before 1st day of succeeding financial year.
21 On application for restoration of the name of a person to 5,000 4,500
the Register of trademarks agents under rule 153 within 3 Plus continuation Plus continuation
years from the date of removal of registration. fee as mentioned in fee as mentioned in
entry number 20 entry number 20
22 On application for an alteration of any entry in the 1,000 900
Register of trademarks Agent under rule 154
23 Handling fee for certification and transmission of Not 5,000 —
international application to International Bureau with allowed
MM2(E)
THE SECOND SCHEDULE
FORMS
Form Section and Rules of the Act & Title for which form may be used Entry   number   of
No. Rules first Schedule
1 2 3 4
TM-A Sections  15,  15(3),  18(1),  18(2), Application for registration of a trademark for 1
63(1), 71, 71(1), 154(2). 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).
TM-M Sections 18(4), 22, proviso to 22, Request   for amendment   in trademark 13,14,15,16, 17, 18
23(2), 43, 58, 66, 74(2), 127(c), application, or
131, 133(1), 137, 148(2), Seeking grounds of decision, or
Rules: 23, 36, 36(1), 41, 56(3), 108, Seeking Registrar preliminary advice, or
109, 122, 124,127. 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 Application of Renewal of a Trademarks, or 3,4,5
Section 25(3), 25(4). 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, On a notice of opposition under section 21(1), 2
66,   68,   73,   77   and   25   of 64, 66 or 73,
Geographical  Indication  of Goods Application for rectification of register under

 

37

 

(Regulation  and  Protection)  Act, section 47 to 57, 68, 77,
1999 Application under rule 99, 135, 140, or
Rules: 99, 105, 130, 136. 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, Request to replace subsequent proprietor as 6, 7, 8, 9
58, 59, 60 registered proprietor on register, or
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), Application for recordal of registered users, 10
50(1)(c) or (d). or
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 19,20,21,22
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.

 

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) (Individual / startup / Small Enterprise/others)
In case of startup/ Small Enterprise, requisite certificate should be provided.
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,
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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 Name of the country or organization
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

40

 

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 Representation of the Mark Fee in Rs.
Registration Certificate under rule 124 (paste here)
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 Purpose Fee in Rs
certification trademarks under section 66
n A request to enter in the register and advertise a note of certificate of validity, Purpose Fee in Rs
under rule 127
o On Petition (not otherwise charged) for obtaining Registrar’s order for any Purpose Fee in Rs
interlocutory matter in a contesting proceeding
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

 

42

 

[(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

 

43

 

accordingly.

 

[Note: One form is meant for one request only. Different forms should be submitted for different requests. In case more than one request is claimed in one form the first one will be entertained and rest of the requests will be ignored.]

[(a) One form is meant for request of one change only. Different forms should be filed up for different changes

 

(b) The relevant information must be filled up in colored box against the respective head.]

 

PART A
[application details]
1 [The Applicant here means the person on whose behalf the request is being submitted. He will ordinarily be the registered proprietor
of the mark or a person claiming to be subsequent proprietor of the mark by virtue of any assignment or transmission]
FEE (See First Schedule for Appropriate Fee)
Name: *
trading as:
Address:*
(State) (Country)
Address for service*:
(State) (Country)
[(a) Unless otherwise specifically stated, the applicant’s address shall be the address for service of the applicant who has principal
place of business in India.
(b) The address for service in India must be provided, in case the applicant does not carry business in India]
Mobile No :
E-mail address: *
2 APPLICANT’S AGENT (if any)
Name*:
Address*:
[In case of authorization of agent, the address of the agent may
be mentioned as the applicant’s address for service]
Mobile No*:
E-mail address*:
Nature of the Agent
[The applicant must choose either of the following categories-
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
3 REQUEST/ APPLICATION FOR AMENDMENTS IN THE DETAILS OF REGISTRATION OF A TRADEMARK
Registered TM No(s).
[In case of request made for more than one trademarks, the first trademark number should be written.]
Additional Nos., if any:
Reason for amendment:
TYPE OF MARK
[(a) The applicant must choose either of the following categories-
1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
Standard mark’ here means an application for registration of a normal trademark not being Collective or Certification trademarks or
Series of marks]
PART B:
PURPOSE OF REQUEST
[application column required to be ticked as filled in]
a Request for Amendment In Proprietor / Registered users detail
[single request can be made under one application]
Amendment Requested In
Proprietor Name / Registered user name :
[This block should be used only when there is no change in the
proprietorship of the mark by virtue of assignment or
transmission]
Address:
Address For Service:
Agent/Attorney Details:
[Any of the above may be chosen and the change requested should be clearly mentioned against relevant column.]
b Amendment In the Trademark Enter or paste proposed trade mark here
Striking Out Goods or Services from the Register [Change requested should be clearly mentioned here.]
Conversion of Specification of Goods and Services [change requested should be clearly mentioned here]
c Cancellation of the Registration [Cancellation of the registration requested should be clearly
mentioned here.]
d Dissolution of the association between a registered trademarks and other trademarks
Registered trademark No(s) [Enter the trade marks numbers whose association with the
referred registered trademark is requested to be dissolved]
e Assignment or Transmission of Registered trademark(s)

 

44

 

Assignment Applicant must mentioned as assignment is with goodwill or
without goodwill
Date of assignment deed or the date of transmission
f Assignment to different people for different parts of India
Name of proposed assignee
Address of proposed assignee
[(a) Add details of assignees if there are more than one assignees, against relevant row. ]
[(b) Please mention the region specifically with the proposed assignee ]
g Certificate of the Registrar under section 40 (2)
Request for the certificate under rule 83
[The details of the request in terms of Section 40(2) must be mentioned here and the statement of case with copy of the assignment
must be submitted.]
h Approval of the Registrar under section 41
Request for the approval
[The details of the request in terms of Section 41 must be mentioned here and the statement of case with copy of the assignment or
transmission must be submitted.]
i Application under Section 42 for direction of the Registrar for advertisement of assignment without goodwill of a trademark
Request for the direction
[The details of the request in terms of Section 42 must be mentioned here and the statement of case with copy of the assignment or
transmission must be submitted.]
j Application for the consent of the registrar to the assignment or transmission of certification trademark
Draft deed of proposed assignment and statement of case be
along with affidavit submitted
k Application for extension of time under Section 42 for direction of the Registrar for advertisement of assignment without
goodwill of a trademark
Application for extension of time
[The details in terms of Section 42 must be mentioned here.]
Application submitted  within the period from the date of Not exceeding one month
acquisition or devolution 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:

 

 

45

 

Address*:
(State) (Country)
Mobile No:
E-mail address:*
Address for service of the Registered Proprietor:
(State) (Country)
b Name of the proposed Registered User*:
Nature of the proposed user
[The applicant must choose either of the following categories-
1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership,
5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9.  Association of persons 10. Hindu Undivided Family
trading as*:
Address:*
(State) (Country)
Mobile No :
E-mail address: *
Address for service of the Proposed Registered user:
(State) (Country)
c Name of the intervener
trading as:
Address:*
(State) (Country)
Mobile No:
E-mail address: *

[ This address should be the address of the applicant’s principal place of business in India]

 

[(a) Unless otherwise specifically stated, the applicant’s address shall be the address for service of the applicant who has principal place of business in India.

 

(b) The address for service in India must be provided, in case the applicant does not carry business in India]

 

2 Applicant’s agent (if any)
a Registered Proprietor’s Agents
Name:
Address:
Mobile No* :
E-mail address*:
Nature of the Agent
b Proposed Registered User’s agent
Name:
Address:
Mobile No* :
E-mail address*:
Nature of the Agent
[The applicant must choose either of the following categories- Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
3 Registered trademark No(s). in respect of which the
request is made
Class(es):
PART B:
PURPOSE OF REQUEST
[appropriate column required to be ticked and filled in]
a Request For Registration of Registered User
Description of goods and services
Period From_____________ to ___________________
Condition if any
b For variation of the registration of registered user with regard to goods/service or the condition/restriction
Details of variation requested
c Cancellation of the registration of registered user
Grounds for cancellation Statement of ground required to be submitted as attachment with TM-U*

d      Notice of intention to intervene in proceedings for variation or cancellation in regard to registration of registered user

 

Ground for intervention in proceeding

 

PART C

 

[details of the person making application/request and details of document is submitted]

 

DETAIL OF THE Applicant(s)

 

Signature

 

Name

 

Authority

 

Details of documents attached

 

FORM TM-G
The Trade Marks Act, 1999
Trade Marks Agent Registration/Renewal/Restoration/Alteration
[The relevant information must be filled up in colored box against the respective head]
PART A
[applicants details]
FEE (See First Schedule for Appropriate Fee)
Name in full beginning with surname (in capital letters)*
Father’s /Husband’s Name*
Address of residence*
(State) (Country)
Principle place of business*
(State) (Country)
Nationality*
Mobile No*:
E-mail address:*
PART B:
PURPOSE OF REQUEST
[appropriate column required to be ticked and filled accordingly]
a Application for Registration as Trademark Agent
Date of Place of Birth
Occupation in full
Particulars of qualification for registration as a trade mark agent
Whether at any time removed from the Register of Trade Marks
Agents and if so the details thereof
b Application for continuation/restoration of the name of a person in the Register of Trade Marks Agents
Trade Mark Agent No.
Name:
address
Mobile No :
E-mail address:
i Period for Continuation: From_________ to ____________
ii Date of expiration of last registration:
Years after which request for restoration and continuation is
filed
c Application for alteration in the Register of Trade Marks Agents
Trade Mark Agent No.:
Name:
Details to be altered in and as
Name:
Address of place of residence
Address of principle place of business
Educational Qualification
Mobile No:
E-mail address:
PART C
[details of the person making application/request and details of document is submitted]
Signature
Name
Authority
List of documents attached

 

 

 

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