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Highlights of Trademark Rules 2017 (Part 1) : Revised Trademark Fees and comparison with Trademark Rules 2002

BananaIP Counsels > Intellectual Property  > Highlights of Trademark Rules 2017 (Part 1) : Revised Trademark Fees and comparison with Trademark Rules 2002

Highlights of Trademark Rules 2017 (Part 1) : Revised Trademark Fees and comparison with Trademark Rules 2002

 

On the 6th of March 2017, the Department of Industrial Policy and Promotion notified that the Trademark Rules 2017 would replace the earlier Trademark Rules, 2002. The amended Rules aim at simplifying the registration procedure with fewer forms, speedy examination and improved online filing process. The 2017 Rules have however substantially hiked the trademark registration costs in India.

The revised Trademark Fees under the Trademark Rules 2017 and a comparison with the applicable fees under the 2002 Rules are given below. The pdf version of the table below can be downloaded from Here

TM Forms      Action TakenNew FeesOld FeesOld Trademark Form
For Physical filingFor E-Filing
TM – AApplication for registration of trademark for goods/services under one or more than one class under Sec 18(1) or 18(2)Rs.5000- Applicant is Individual/Startup/Small enterprises  AND Rs.10,000 All other casesRs.4500- Applicant is Individual/Startup/Small enterprises AND Rs.9000- All other casesRs.3500(TM-1)
 Application for registration of Collective Marks for goods/services under one or more than one class under Sec 63(1)Rs.10,000.0TM-3
Application for registration of Certificate Marks for goods/services under one or more than one class under Sec 71(1)Rs.10,000.0TM-4
Application for registration of trademarks as series for specification for goods/services under one or more than one classes under Sec 15Rs. 3500.00 for each trade mark and for each separate class theretoTM-8
TM-MRequest for amendment in TM applicationRs.1000Rs.900Rs.500TM-16
Seeking grounds of decision of RegistrarRs.1000TM-15
Asking for extension of timeRs.500TM-56
Request for certified copy/Duplicate Registration certificate/inspection of documentRs.500TM-46
Request to registrar for particulars of advertisement/seeking grounds of decision of Registrar/enter in the register and advertise a note of certificate of validity under rule 127Rs.250TM-58
Application for deposition of regulation of collective mark/certificate markRs.2000Rs.1800Rs.1000TM-42
Seeking Registrar’s preliminary adviceRs.1000TM-55
For divisional applicationRs.1000.00 plus appropriate class feesTM-53
Application for reviewing Registrar’s decisionRs.3000Rs.2700Rs.2000TM-57
   Petition for obtaining registrar’s order for any interlocutory matter in contesting proceedingRs.2500TM-57
  Any other matter not covered in other TM forms
Application for expedited certificate of registrarRs.5000Rs.4500Rs.2500TM-7
Application for certified copies of documents for proviso to rule 122Rs. 500TM-46
Application for expedited process for registration of TMNot allowed-Applicant is Individual/Startup/Small enterprisesRs.20,000__
Not allowed in all other casesRs.40,000
Application to include a TM in list of well-known TMNot allowedRS.1,00,000Not mentioned earlier
TM-R  Application for renewal of TM for each classRs.10,000Rs.9000Rs.5000TM-12
  Request for renewal of TM with surchargeRs.5,000 (Plus renewal fee)Rs.4,500( Plus renewal fee)Rs.3500TM-10
  Request for restoration of a TMRS.10,000(Plus renewal fee)Rs.9,000(Plus renewal fee)Rs.5000TM-13
TM-CApplication for Search certificate request under rule 23(3)Rs.10,000Rs.9000Rs.25000TM-72
Application for Search certificate request under rule 22(3)Not allowedRs.30,000Not mentioned earlier
TM-O Application on notice of opposition under Sec 21(1),64,66 or 73Rs.3000Rs.2700Rs.2500TM-5
 Application for rectification of register under Sec 47-57,68,77Rs.3000TM-26
 Application under rule 99,135,140
Application under Section 25 of GI of Goods ActTM-74
TM-PRequest to replace subsequent proprietor as registered proprietor on registerRs.10,000Rs.9000Rs.5000TM-23
Application for certificate of registrar under Sec 40(2)Rs.3000Rs.2700Rs.3000TM-17
Approval of registrar under Sec  41Rs.2500TM-19
Direction of Registrar for advertisement of assignment without goodwillRs.2500TM-20
 Add/alter a registered TM under Sec 59(1) for each TMRs.2500TM-38
Conversion of specification under Sec 60 for each trademarkRs.1000TM-40
Application  for extension of time for direction under Sec 42 for advertisement of assignment without goodwill/ registering a company as subsequent proprietor of TMRs.2000Rs,1800Rs.500, 1,000 or 1,500 for extension of 1, 2 or 3 months respectivelyTM-21
Consent of registrar to assignment or transmission of certification TMRs.1000TM-62
Change in name/description of registered proprietor or registered user of TMRs.1000TM-33
Dissolution of association between TMsRs.500 for each dissolutionTM-14
Change in address for service in India of registered proprietorRs.1000TM-33
Request for cancellation of an entry in registered or part under Sec 58Rs.1000TM-34
TM-U Application  for recordal of registered userRs.5000Rs.4500Rs.5000TM-28
Request for amendment in details of registered userRs.2500TM-29
Application for cancellation or variation of registered userTM-30/31
Application to intervene  proceedings by 3rd party
TM-G Application of registration of a TM AgentRs.5000Rs.4500Rs.1000.0TMA-1
Request for continuance of a TM AgentRs.10,000Rs 9000Not Specified
 Restoration of  a TM Agent name in registerRS.5000( Plus continuation fees)Rs.4500( Plus continuation fees)Rs.1000.0TMA-2
 Alteration of any entry in the register of TM AgentsRs.1000Rs.200TMA-3
 Handling fees for certification and transmission of international application to International BureauNot allowedRs.900

With an objective of increasing the filings of trademark applications online, a 10% discount on official fees has been given to all applicants who are filing the applications or forms online.

Moreover, a 50% discount on the official fees is being offered to the individuals, start-ups and small enterprises for filing a new application. The Rules have defined Start-Ups as any entity that is recognized as a start-up by any competent authority and Small Enterprise as any entity whose investment in the business does not exceed Rs Ten Crores (for manufacture or production of goods) or Rs Five Crores (for rendering any service).

While filing the application, the Applicant claiming discount as a Start Up or as a Small Enterprise will have to upload the necessary documents supporting the claim made by the applicant. In the event, no documentary proof to establish the Small Enterprise or Start Up status is submitted along with the Application, the application will be declared ‘formality failed’ and the Applicant will be directed to pay the deficit fees within 30 days, failing which the application will be declared abandoned.

In the next post we will be analyzing the Seven Forms created under the Trademark Rules 2017 and its purposes.

Authored by the Shreya, Trade Mark Division at BananaIP Counsels

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