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

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