Latest change into Trademark rules 2017, came into effect today. On one hand, it has simplified the whole trademark registration process, whereas on the other hand excessive fees hike up to 150% is also made for trademark registration in India. It has come up with provisions of fewer forms making the process less confusing and hassle-free. New forms are TM-A, TM-O, TM-R, TM-P, TM-U, TM-C, TM-M and TM-G. Earlier there were around 75 forms which made the complete trademark registration process tedious.
As a token of encouragement of the trademark e-filing process a 10% Fee concession is also offered.
This notification came out today from the Department of Industrial Policy and Promotion.
To promote business in India Individuals/ startups and small enterprises shall also enjoy 50% discounted fees as mentioned in the first schedule. The particulars of the trademark statutory fees can be understood from the table below:
| 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 for specification of goods or services included in one or more than one 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 each mark ) | |||||||||
| 2 | On a notice of opposition under section 21(1), 64, 66 or 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) |
3,000 | 2,700 | TM-O | |||||
| 3 | For renewal of registration of a trademark under section 25 for each class | 10,000 | 9,000 | TM-R | |||||
| 4 | Application for renewal with surcharge of registration of a Trademarks under section 25 (3) for each class | 5,000
Plus renewal fee applicable under entry 3 |
4,500
Plus renewal fee applicable under entry 3 |
||||||
| 5 | Application for renewal with surcharge/ restoration and renewal of a Trademarks under section 25 (3), 25 (4) for each class | 10,000
Plus renewal fee applicable under entry 3 |
9,000
Plus renewal fee applicable under entry 3 |
||||||
| 6 | On application under section 45 to register a subsequent proprietor in case of assignment or transfer for each trademark | 10,000 | 9,000 | TM-P | |||||
| 7 | On application for:
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. |
3,000 | 2,700 | ||||||
| 8 | On application for:
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. |
2,000 | 1,800 | ||||||
| 9 | On application for:
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. |
1,000 | 900 | ||||||
| 10 | Application under section 49 to a registered user of a 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) |
5,000 | 4,500 | TM-U | |||||
| 11 | Request for search and issue of certificate under rule 22(1) | 10,000 | 9,000 | TM-C | |||||
| 12 | Request for an expedited search and issuance of certificate under rule 22 (3) | Not allowed | 30,000 | ||||||
| 13 | On application for: 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. |
1000 | 900 | TM-M | |||||
| 14 | On application for:
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. |
2,000 | 1,800 | ||||||
| 15 | On application for:
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. |
3,000 | 2,700 | ||||||
| 16 | On request for an expedited certificate of the Registrar (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) |
5,000 | 4,500 | ||||||
| 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 /
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 of well- known trademark (Note: applicable fee is for one mark only.) | Not allowed | 1,00,000 | ||||||
| 19 | On application for registration of a person as a trademark agent under rule 147 & 149. | 5,000 | 4,500 | TM-G | |||||
| 20 | For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year. | 10,000 | 9,000 | ||||||
| 21 | On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration. | 5,000
Plus continuation fee as mentioned in entry number 20 |
4,500
Plus continuation fee as mentioned in entry number 20 |
||||||
| 22 | On application for an alteration of any entry in the Register of trademarks Agent under rule 154 | 1,000 | 900 | ||||||
| 23 | Handling fee for certification and transmission of international application to International Bureau with MM2(E) | Not allowed | 5,000 | — | |||||
Furthermore, email has been made as an essential part of the address to digitize processes and go paperless. The DIPP will now maintain a list of well-known trademarks.
