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 Taken | New Fees | Old Fees | Old Trademark Form | |
| For Physical filing | For E-Filing | ||||
| TM – A | Application 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 cases | Rs.4500- Applicant is Individual/Startup/Small enterprises AND Rs.9000- All other cases | Rs.3500 | (TM-1) |
| Application for registration of Collective Marks for goods/services under one or more than one class under Sec 63(1) | Rs.10,000.0 | TM-3 | |||
| Application for registration of Certificate Marks for goods/services under one or more than one class under Sec 71(1) | Rs.10,000.0 | TM-4 | |||
| Application for registration of trademarks as series for specification for goods/services under one or more than one classes under Sec 15 | Rs. 3500.00 for each trade mark and for each separate class thereto | TM-8 | |||
| TM-M | Request for amendment in TM application | Rs.1000 | Rs.900 | Rs.500 | TM-16 |
| Seeking grounds of decision of Registrar | Rs.1000 | TM-15 | |||
| Asking for extension of time | Rs.500 | TM-56 | |||
| Request for certified copy/Duplicate Registration certificate/inspection of document | Rs.500 | TM-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 127 | Rs.250 | TM-58 | |||
| Application for deposition of regulation of collective mark/certificate mark | Rs.2000 | Rs.1800 | Rs.1000 | TM-42 | |
| Seeking Registrar’s preliminary advice | Rs.1000 | TM-55 | |||
| For divisional application | Rs.1000.00 plus appropriate class fees | TM-53 | |||
| Application for reviewing Registrar’s decision | Rs.3000 | Rs.2700 | Rs.2000 | TM-57 | |
| Petition for obtaining registrar’s order for any interlocutory matter in contesting proceeding | Rs.2500 | TM-57 | |||
| Any other matter not covered in other TM forms | |||||
| Application for expedited certificate of registrar | Rs.5000 | Rs.4500 | Rs.2500 | TM-7 | |
| Application for certified copies of documents for proviso to rule 122 | Rs. 500 | TM-46 | |||
| Application for expedited process for registration of TM | Not allowed-Applicant is Individual/Startup/Small enterprises | Rs.20,000 | _ | _ | |
| Not allowed in all other cases | Rs.40,000 | ||||
| Application to include a TM in list of well-known TM | Not allowed | RS.1,00,000 | Not mentioned earlier | ||
| TM-R | Application for renewal of TM for each class | Rs.10,000 | Rs.9000 | Rs.5000 | TM-12 |
| Request for renewal of TM with surcharge | Rs.5,000 (Plus renewal fee) | Rs.4,500( Plus renewal fee) | Rs.3500 | TM-10 | |
| Request for restoration of a TM | RS.10,000(Plus renewal fee) | Rs.9,000(Plus renewal fee) | Rs.5000 | TM-13 | |
| TM-C | Application for Search certificate request under rule 23(3) | Rs.10,000 | Rs.9000 | Rs.25000 | TM-72 |
| Application for Search certificate request under rule 22(3) | Not allowed | Rs.30,000 | Not mentioned earlier | ||
| TM-O | Application on notice of opposition under Sec 21(1),64,66 or 73 | Rs.3000 | Rs.2700 | Rs.2500 | TM-5 |
| Application for rectification of register under Sec 47-57,68,77 | Rs.3000 | TM-26 | |||
| Application under rule 99,135,140 | |||||
| Application under Section 25 of GI of Goods Act | TM-74 | ||||
| TM-P | Request to replace subsequent proprietor as registered proprietor on register | Rs.10,000 | Rs.9000 | Rs.5000 | TM-23 |
| Application for certificate of registrar under Sec 40(2) | Rs.3000 | Rs.2700 | Rs.3000 | TM-17 | |
| Approval of registrar under Sec 41 | Rs.2500 | TM-19 | |||
| Direction of Registrar for advertisement of assignment without goodwill | Rs.2500 | TM-20 | |||
| Add/alter a registered TM under Sec 59(1) for each TM | Rs.2500 | TM-38 | |||
| Conversion of specification under Sec 60 for each trademark | Rs.1000 | TM-40 | |||
| Application for extension of time for direction under Sec 42 for advertisement of assignment without goodwill/ registering a company as subsequent proprietor of TM | Rs.2000 | Rs,1800 | Rs.500, 1,000 or 1,500 for extension of 1, 2 or 3 months respectively | TM-21 | |
| Consent of registrar to assignment or transmission of certification TM | Rs.1000 | TM-62 | |||
| Change in name/description of registered proprietor or registered user of TM | Rs.1000 | TM-33 | |||
| Dissolution of association between TMs | Rs.500 for each dissolution | TM-14 | |||
| Change in address for service in India of registered proprietor | Rs.1000 | TM-33 | |||
| Request for cancellation of an entry in registered or part under Sec 58 | Rs.1000 | TM-34 | |||
| TM-U | Application for recordal of registered user | Rs.5000 | Rs.4500 | Rs.5000 | TM-28 |
| Request for amendment in details of registered user | Rs.2500 | TM-29 | |||
| Application for cancellation or variation of registered user | TM-30/31 | ||||
| Application to intervene proceedings by 3rd party | |||||
| TM-G | Application of registration of a TM Agent | Rs.5000 | Rs.4500 | Rs.1000.0 | TMA-1 |
| Request for continuance of a TM Agent | Rs.10,000 | Rs 9000 | Not Specified | ||
| Restoration of a TM Agent name in register | RS.5000( Plus continuation fees) | Rs.4500( Plus continuation fees) | Rs.1000.0 | TMA-2 | |
| Alteration of any entry in the register of TM Agents | Rs.1000 | Rs.200 | TMA-3 | ||
| Handling fees for certification and transmission of international application to International Bureau | Not allowed | Rs.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
