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TRADEMARK

What is the function of a trade mark?

  • Under modern business condition a trade mark perForms four functions
  • It identifies the goods / or services and its origin.
  • It guarantees its unchanged quality
  • It advertises the goods/services
  • It creates an image for the goods/ services.
  • Who can apply for a trade mark and how ?

    Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration.  The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature.  The application should be in English or Hindi.  It should be filed   at th appropriate office.

    How to apply for a trade mark in respect of particular goods or services?

    It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the detefmination of the class in which particular goods or services fall.    The Schedule IV of the Act is annexed at the end of this questionnaire on trade marks.  For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.


    What are different types of trade marks available for adoption?

  • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
  • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
  • Letters or numerals or any combination thereof.
  • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
  • Devices, including fancy devices or symbols
  • Monograms
  • Combination of colors or even a single color in combination with a word or device
  • Shape of goods or their packaging
  • Marks constituting a 3- dimensional sign.
  • Sound marks when represented in conventional notation or described in words by being graphically represented.
  • What purpose the trade mark system serves?
  • It identifies the actual physical origin of goods and services. The brand itself is the seal of authenticity.
  • It guarantees the identity of the origin of goods and services.
  • It stimulates further purchase.
  • It serves as a badge of loyalty and affiliation.
  • It may enable consumer to make a life style or fashion statement. visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films.

  • Who benefits from a trade mark?
    The Regd.Proprietor: The Regd.Proprietor of a trade mark can stop other traders from unlawfully using his trade mark, sue for damages and secure destruction of infringing goods and or labels.
    The Government:  The Trade Marks Registry is expected to earn a revenue of nearly Rs.40 crores during the current  year and which is perpetually on the rise.

    The Legal professionals: The Trade Marks Registration system is driven by professionals and legal and para legal advisors(Agents) who act for the clients in the processing of the trade marks application.

    The Purchaser and ultimately Consumers of trade marks goods and services.

    What are the benefits of registering a trade mark?

    The registration of a trade mark confers upon the owner the exclusive right to the use of the registered trade mark and indicate so by using the symbol (R) in relation to the goods or services in respect of which the mark is registered and seek the relief of infringement in appropriate courts in the country.  The exclusive right is however subject to any conditions entered on the register such as limitation of area of use etc.  Also, where two or more persons have registered identical or nearly similar mark due to special circumstances such exclusive right does not operate  against each other.

    What are the Formalities and government fees for major trade mark transaction ?

    1. For filing new applications there are prescribed Forms depending on the nature   

    of application such as  Form TM-1, TM-2, TM-3, TM-8, TM-51 etc.

    Fees: Rs.3,500/-

    1. To file a Notice of Opposition to oppose an application published in the Trade Marks Journal  (FormTM-5). Fees:Rs.2,500/-
    2. For Renewal of a Regd.trade mark (Form TM-12 ). Fees: Rs.5,000/-
    3. Surcharge for belated renewal  (Form -10).Fees:Rs.3,000/-
    4. Restoration of removed mark (Form TM-13) Fees:5,000/-
    5. Application for rectification of a registered trade mark (Form TM-26) Fees:Rs.3,000/-
    6. Legal Certificate (Form TM-46)

    (Providing details of entries in the Register)     Fees:Rs.500/-

      Official search  request (Form TM-54). Fees:Rs.500/-
    • Preliminary advise of the Registrar as to the registrability of a mark(Form TM-55).Fees: Rs.500/-.
    • Copyright search request and issuance of certificate (Form TM-60) Fees: Rs,5,000/-.


    What are the sources of trade mark laws?

    • Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
    • An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
    • Letters or numerals or any combination thereof.
    • The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
    • Devices, including fancy devices or symbols
    • Monograms
    • Combination of colors or even a single color in combination with a word or device
    • Shape of goods or their packaging
    • Marks constituting a 3- dimensional sign.
    • Sound marks when represented in conventional notation or described in words by being graphically represented.
    What does the Register of trade mark contain ?

    The register of trade mark currently maintained in electronic Form contains interalia the trade mark  the class and goods/ services in respect of which it is registered including particulars affecting the scope of registration of rights conferred; the address of the proprietors; particulars of trade or other description of the proprietor; the convention application date (if applicable); where a trade mark has been registered with the consent of proprietor of an earlier mark or earlier rights, that fact.

      Can any correction be made in the  application or register?

    Yes.  But the basic principle is that the trade mark applied for should not be substantially altered affecting its identity. Subject to this changes are pefmissible according to rules detailed in the subordinate legislation.  

      Can a registered trade mark be removed from the register?

    Yes.  It can be removed on application to the Registrar on prescribed Form on the ground that the mark is wrongly remaining on the register.  The Registrar also can suo moto issue Notice for removal of a registered  trade mark?

    What are the Quality policy of TMR?

    The Trade Marks Registry (TMR) will receive and process applications for the registration of trade marks under the Trade Marks Act, 1999 in an efficient and user friendly manner.  The single most important mission is to reach out, listen and solve public grievance across the table and as quickly  as possible. The office will aim to provide qualitative services relating to search, examination, e-publication and post-registration activities
    The office will adopt a fair, impartial, responsive,  prompt and same day disposal of cases  approach (wherever possible) in the handling of complaint received by it.
    The office will instal and implement a transparent and user-friendly automation systems that will respond positively to the needs of users.
    The Trade Marks Registry will provide professional guidance to applicants/users shorn of all legal jargons.
    The office will adhere to a time bound processes in the handling of cases.  It will channelise its internal synergy to deliver results with promptitude.
    Feed back on the working of the office will be welcomed where it is made in a constructive manner and efforts made to incorporate suggestions in improving the functioning of the office:

    LOCATION AND  JURISDICTION

    Trade Marks Registry, Mumbai (Head Office)
    Intellectual Property Bhavan, Near Antop Hill Head Post Office,
    S.M. Road , Antop Hill, Mumbai 400037
    Tel: 022-2410 1144, 24101177, 24148251, 24112211
    Fax: 24120808, 24132295
    Jurisdiction:  State of Maharashtra, Madhya Pradesh and Goa

    Trade Marks Registry, Delhi
    Intellectual Property Bhavan, Plot NO.32, Section 14, Dwarka, Delhi
    Tel. 011-28082915/ 16/17 Fax:
    Jurisdiction:  State of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh, Himachal Pradesh, Union Territory of Delhi and  Chandigarh

    Trade Marks Registry, Kolkata,
    CP-2, Sector V, 5th floor, I.P.Bhavan, Salt Lake,
    Kolkata-700091
    (Telfax. 033-23677311
    Jurisdiction: State of Arunachal Pradesh, Assam, Bihar, Orissa, West Bengal, Manipur, Mizoram, Meghalaya, Sikkim , Tripura and Union Territory of Nagaland, Andamar & Nicobar Island.

    Trade Marks Registry, Ahmedabad,
    15/27 National Chambers, 1st floor,
    Ashram road,
    Ahmedabad-380 009.
    Tel: 079-26580567
    Jurisdiction: The state of Gujarat and Rajasthan and Union Territory of Damman, Diu, Dadra and Nagar Haveli

     

    Trade Marks Registry, Chennai
    IP building, GST Road, Guindy
    Chennai-600032
    Tele: 044-22502041,  Fax : 044-22502042
    Jurisdiction: The state of Andhra Pradesh, Kerala, Tamil Nadu, Karnataka and Union Territory of Pondicherry and Lakshadweep Island.

     

     

    Flow chart:

    THE FIRST SCHEDULE

    [See rule 11]

    FORMS AND FEES

    Entry No.

    On what payable

    Amount
    Rs. 

    Corresponding Form Number

    1.

    On application to register a trade mark for a specification of goods or services included in one class [Section 18(1)]

    3500.00

    TM-1

    2.

    On application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145.

    2500.00

    TM-22

    3.

    On application to register a trade mark for goods or services included in a class from a convention country under section 18(1) & 154(2)

    2500.00

    TM-2

    4.

    On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services from a convention country under section 154(2)

    2500.00 for each class

    TM-52

    5.

    On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services.

    2500.00 for each class

    TM-51

    6.

    On application to register a series trade mark under section 15 for a specification of goods or services included in a class or different classes

    2500.00 for each trade mark and for each separate class thereof

    TM-8

    7.

    On application to register a series of trade mark from a convention country under section 154(2) for a specification of goods or services included in a class or classes

    2500.00 for each trade mark and for each separate class thereof

    TM-37

    8.

    On application under section 63(1) to register a collective mark for a specification of goods or services included in a class

    10,000.00

    TM-3

    9.

    On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class.

    10,000.00

    TM-4

    10.

    On application for the registration of a textile trade mark (other than a certification trade mark or a collective mark ) consisting exclusively of numerals or letters, or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under section 154(2).

    2500.00

    TM-45

    11.

    On a request under rule 40(1) to state grounds of decision.

    1000.00

    TM-15

    12.

    On a notice of opposition under section 21 (1), 64, 66 or 73 for each class opposed.

    2500.00

    TM-5

    13.

    On application for extension of time for filing notice of opposition under section 21(1)

    500.00

    TM-44

    14.

    On a counter statement in answer to a notice of opposition under section 21, for each application opposed, or in answer to an application under any of the section 47 or 57 in respect of each trade mark or in answer to a notice of opposition under section 59 or rule 101 for each application or conversion opposed.

    1000.00

    TM-6

    15.

    On notice of intention to oppose hearing under any of the section 21, 47, 57 and 59 by each party to the proceeding concerned.

    500.00

    TM-7

    16.

    On application under section 16(5) to dissolve the association between registered trade marks.

    500.00 for each dissolution

    TM-14

    17.

    For renewal under section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged.

    5,000.00

    TM-12

    18.

    For renewal under section 25 of the registration of a series trade mark at the expiration of the last registration- For the first two marks of the series of each separate class:

    For every additional mark of the series of each

    separate class.

    5,000.00

    2500.00

    TM-12

    19.

    For renewal under section 25 of a single application of a trade mark for goods or services in more than one class-in respect of every class.

    5,000.00

    for each class

    TM-12

    20.

    For renewal under section 25 of the registration of a collective mark/certification trade mark.

    20,000.00

    TM-12

    21

    On application under section 25(4) for restoration of a trade mark removed from the register.

    3000.00

    TM-13

    22.

    On application for renewal under proviso to section 25(3) within six months from the expiration of last registration of the trade mark.

    3000.00 as surcharge.

    TM-10

    23.

    On application for certificate of the Registrar under section 40(2) :

    For the first mark proposed to be assigned.

    For every additional mark of the same proprietor

    included in that assignment .

    2500.00

    500.00

    TM-17

    24.

    On application for approval of the Registrar under
    section 41-

    For the first trade mark .

    For every additional mark of the same

    proprietor included in the same transfer.

    2500.00


    500.00

    TM-19

    25.

    On application under section 42 for direction of a Registrar for advertisement of assignment without goodwill of a trade mark in use-

    For the first mark assigned.

    For every additional mark assigned with the

    same devolution of title.

    2500.00


    2500.00

    500.00

    TM-20

    26.

    On application for extension of time for applying for directions under section 42 for advertisement of assignment without goodwill of trade mark in use in respect of devolution of title-

    Not exceeding one month

    Not exceeding two months

    Not exceeding three months

    500.00


    1000.00


    1500.00

    TM-21

    27.

    On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark:

    If made within six months from the date of acquisition of proprietorship.

    If made after expiration of six months but before 12 months from the date of acquisition of proprietorship.

    If made after 12 months from date of acquisition of proprietorship.

    5000.00

    7500.00


    10,000.00

    TM-23 OR TM HYPERLINK "http://www.skorydov.com/tmr/Form2002Details.asp" \l "TM24"-24

    TM-23 OR TM-24.

    TM-23 OR TM-24.

    TM-23 OR TM-24.

    28.

    On application under section 45 to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case:-

    If made within six months from the date of acquisition of proprietorship-

    For the first mark

    For every additional mark

    If made after the expiration of six months but before twelve months from the date of acquisition of proprietorship:-

    For the first mark

    For every additional mark

    If made after expiration of twelve months from the date of acquisition of proprietorship:-

    For the first mark

    For every additional mark

    5000.00


    1000.00




    7500.00


    1500.00

    10,000.00

    2000.00

    TM-23 OR TM-24.

    TM-23 OR TM-24.


    TM-23 OR TM-24.

    TM-23 OR TM-24.


    TM-23 OR TM-24.

    TM-23 OR TM-24.

    29.

    On application under section 46(4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment :-

    Not exceeding two months

    Not exceeding four months

    Not exceeding six months

    500.00


    1000.00


    1500.00

    TM-25

    30.

    On application under any of the sections 47 or 57 for rectification of the register or removal of a trade mark from the register or cancellation of a registered collective mark or a certification trade mark

    3000.00

    TM-26

    31.

    On application under rule 94 for leave to intervene in proceeding under any of the sections 47 or 57 for rectification of the register or removal of trade mark from the register or under rule 133 or 139 in respect of a collective mark or certification trade mark.

    500.00

    TM-27

    32.

    On application under section 49 to register a registered user of a registered trade mark in respect of goods or services within the specification thereof.

    5000.00

    TM-28

    33.

    On application under section 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trade marks are covered by the same registered user agreement in respect of goods or services within the respective specification thereof and subject to the same conditions and restrictions in each case:-

    For the first mark

    For every additional mark of the proprietor included in the application, and in the registered user agreement


    5000.00

    3000.00

    TM-28

    34.

    On application under clause (a) of sub-section 1 of section 50 to vary the entry of a registered user of one trade mark where the trade marks are covered by the same registered user in respect of each of them:-

    For the first mark

    For every additional mark included in the application

    5000.00

    2500.00

    TM-29

    35.

    On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trade mark-

    Where the application includes more than one trade mark-

    For the first mark

    For every additional mark included in the application

    2500.00

    2500.00

    500.00

    TM-30

    36.

    On application under clause (c) or (d) of sub-section (1) of section 50 to cancel the entry of a registered user of one trade mark:-

    Where the application includes more than one trade mark:-

    For the first mark

    For every additional mark included in the application

    5000.00

    5000.00


    2000.00

    TM-31

    37.

    On notice under rule 90(2 ) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trade mark

    500.00

    TM-32

    38.

    On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mark

    where there has been no change. In the proprietorship or in the identity of the registered user (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India

    where the application includes more than one trade mark -

    For the first trade mark

    For every additional mark included in the application

    1000.00


    1000.00



    1000.00

    500.00

    TM-33

    39.

    On application under section 58 to alter an entry of the address of a registered proprietor or of a registered user of a trade mark unless exempted from fee under rule 96(3):

    Where the application include more than one trade mark - and where the address in each case is the same and is altered in the same way-

    For the first entry

    For every other entry included in the application

    500.00



    500.00

    200.00

    TM-34

    40.

    On application to make an entry of an address for service in India of a registered proprietor or a registered user of a trade mark-

    where the application include more than one trade mark and the address for service to be entered is the same in each case-

    For the first entry

    For every other entry included in the application.

    500.00

    500.00


    200.00

    TM-50

    41.

    On application to alter or substitute an entry of an address for service in India in the register unless exempted from fee under rule 96(3) .

    Where the application includes more than one trade mark and the address in each case is the same and is altered or substituted in the same way-

    For the first entry

    For every other entry included in the application

    500.00






    500.00


    200.00

    TM-50

    42.

    On application under clause (c) of sub-section (1) of section 58 for canceling the entry or part thereof from the register or under clause (d) to strike out goods or services from the register.

    200.00

    TM-35 OR TM-36

    43.

    On application under section 59(1) for leave to add or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of statutory requirement)-

    Where the application includes more than one trade mark and the addition or alteration to be made in each case being the same-

    For the first mark

    For every other mark included in the application.

    2500.00


    2500.00


    1000.00

    TM-38

    44.

    On notice of opposition under sub-section (2) of section 59 to an application for leave to add or to alter a registered trade mark for each application opposed

    1500.00

    TM-39

    45.

    On application under section 60 for conversion of specification.

    1000.00

    TM-40

    46.

    On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification or specifications of a registered trade mark:

    For the first mark

    For every additional mark included in the notice of opposition.

    1500.00




    1500.00


    700.00

    TM-41

    47.

    On application under section 66 for amendment of the deposited regulations of a collective mark or alteration under section 74(2) for the regulation of a certification trade mark-

    Where the marks are entered in the register as associated trade marks-

    For the regulation of one registration.

    For the same or substantially same regulation of each additional registration proposed to be altered in the same way and included in the same application.

    1000.00

    1000.00

    200.00

    TM-42

    48

    On application under section 68 to remove the registration of a collective mark or cancel or vary the registration of a certification trade mark under section 77

    1000.00

    TM-43

    49.

    For a search under rule 24(1) in respect of one class

    500.00

    TM-54

    50.

    On request for the Registrar's preliminary advice under section 133(1) for a trade mark in respect of one class.

    1000.00

    TM-55

    51.

    On request for certificate of the Registrar under section 137( other than a certificate under section 23(2)).

    500.00

    TM-46

    52.

    On request for certificate of the Registrar [other than certificate under section 23(2)] of the registration of a series of the trade mark under section 15 for each class.

    500.00

    TM-46

    53.

    On request for a certified copy of any entry in the register or of any document under section 148(2).

    500.00

    TM-46

    54.

    On request to enter in the register and advertise a note of certificate of validity, under rule 124 in respect of one mark in a class

    200.00

    TM-47

    55.

    On request, not otherwise charged for correction of a clerical error or for amendment under section 18(4), 22 and 58, except where the request is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India .

    500.00

    TM-16

    56.

    On application for extension of time for a month or part thereof under section 131 [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4)]

    500.00

    TM-56

    57.

    On application for review of the Registrar's decision under section 127 (c)

    2000.00

    TM-57

    58.

    On petition (not otherwise charged) for obtaining Registrar's order on any interlocutory matter in a contested proceeding.

    2500.00

     

    59.

    On request to Registrar for particulars of advertisement of a mark under rule 46.

    250.00

    TM-58

    60

    For inspecting the documents mentioned in section 148(1):-

    relating to any particular trade mark for every hour or part thereof.

    computer search (when made available) for every fifteen minutes

    search of index mentioned in section 148 for every hour or part thereof

    200.00

    400.00

    200.00

     

    61

    For copying of documents, (photocopy or typed) for every page of part thereof in excess of one page.

    5.00 per page(subject to a minimum of Rs. 5.00)

     

    62.

    On request for a duplicate or further copy of certificate rule 62(3)

    500.00

    TM-59

    63.

    On a counter statement in answer to a notice of opposition in respect of a collective trade mark or a certification trade mark under section 64, 66,73 or 77.

    1500.00

    TM-9

    64.

    For search and issue of certificate under rule 24(3).

    5000.00

    TM-60

    65.

    On application under sub-section (b) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark which conflicts with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the said Act.

    3000.00

    TM-74

    66.

    On application under sub-section (a) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark containing or consisting of a geographical indicating not originating in the territory of a country or a region or locality in that territory which the geographical indication indicates.

    3000.00

    TM-73

    67.

    Notice of intention to attend hearing under section 64, 66, 73 or 77 in respect of a collective mark or in respect of a certification trade mark, as the case may be.

    500.00

    TM-7

    68.

    On a request to divide an application or to divide a single application under proviso to section 22.

    1000.00 plus appropriate class fee

    TM-53

    69.

    On application under sub-rule 16 of rule 25 towards inclusion of specification of goods or services in excess of five hundred characters at the time of filing of application as excess space fee.

    10.00 per character

    TM-61

    70.

    On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark.

    1000.00

    TM-62

    71.

    On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark.

    12,500.00

    TM-63

    72.

    On application under section 63(1) to register a collective mark of a specification of goods or services included in a class from a convention country under section 154(2).

    10,000.00

    TM-64

    73.

    On application under section 71 to register a certification trade mark for a specification of goods or services included in class from a convention country under section 154(2).

    10,000.00

    TM-65

    74.

    On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of documents under proviso to rule 119.

    2500.00

    TM-7

    75.

    On request for an expedited search under proviso to rule 24(1).

    2500.00

    TM-71

    76.

    On request for an expedited search and issuance of a certificate under rule 24(5).

    25000.00

    TM-72

    77.

    On application for registration as a trade mark agent under 152.

    1000.00

    TMA-1

    78.

    For registration of a person as a trade mark agent under rule 154.

    1000.00

     

    79.

    For continuance of the name of a person in the Register of Trade Marks Agents under rule 156:-

    For every year (excluding the first year) to be paid on the 1st April, in each year.

    For the first year to be paid along with the fee or registration, in the case of a person registered at any time between the 1st April, and 30th September.

    N.B. A year for this purpose will commence on the 1st day of April, and end on the 31st day of March following.

    1000.00

    1000.00

     

    80.

    On application for restoration of the name of a person to the Register of trade marks agents under rule 159.

    1000.00 plus continuance fee under entry no. 79.

    TMA-2

    81.

    On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160.

    200.00

    TMA-3

    82.

    For each addition to the registered entry of a trade mark that may be associated with a newly registered mark under section 16(1).

    500.00

     

    83.

    On a single application under section 18(2) for the registration of a collective mark for different classes of goods or services.

    10,000.00 for each class.

    TM-66

    84.

    On a single application under section 18(2) for the registration of a collective mark for different class of goods or services from a convention country.

    10,000.00 for each class.

    TM-67

    85.

    On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services.

    10,000.00 for each class.

    TM-68

    86.

    On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services from a convention country under section 154(2).

    10,000.00 for each class.

    TM-69

    87.

    On request for search and issuance of a certificate pursuant to clause (ii) of sub-section (2) of section 20 of the Companies Act, 1956.

    5000.00

    TM-75

     

    THE SECOND SCHEDULE FORMS


    List of Forms

    Form No

    Section

    Title Entry

    Act No

    TM-1

    18(1),rule 25(2)

    Application for registration of a trade mark for goods or services (other than a collective mark or a certification trade mark)

    1

    TM-2

    18(1),154(2)

    Application for registration of a trade mark from convention country (other than a collective mark or a certification trade mark)

    3

    TM-3

    63(1)

    Application for registration of a collective mark

    8

    TM-4

    71(1)

    Application for registration of a certification trade mark.

    9

    TM-5

    21(1),64, 66, 73

    Notice of opposition to an application for registration of a trade mark, collective mark or certification trade mark.

    12

    TM-6

    21(2), 47, 57, 59(2)

    Form of counterstatement

    14

    TM-7

    21, 47, 57, 59, 64,66 73 and 77

    Notice of intention to attend hearing.

    15

    TM-8

    15(3)

    Application for registration of series trade marks for goods or services in a class or different classes

    6

    TM-9

    64, 66, 73 and 77

    Form of counterstatement in answer to Notice of Opposition in respect of a collective mark or a certification trade mark

    63

    TM-10

    25(3)

    Proviso Payment of surcharge towards renewal of to trade mark, certification trade mark and collective mark.

    22

    TM-12

    25

    Application for renewal after expiry of last registration of a trade mark/collective mark/certification trade mark

    17 to 20

    TM-13

    25(4)

    Application for restoration of a trade mark removed from the register

    21

    TM-14

    16(5)

    Application to dissolve association between registered trade mark

    16

    TM-15

    40(1)

    rule Request for statement of grounds of decision

    11

    TM-16

    18(4), 22 and 58

    Request for correction of clerical error or for amendment rule 41

    55

    TM-17

    40(2),rule 77

    Application for the certificate of the Registrar under Section 40(2) with regard to proposed assignment of registered trade mark.

    23

    TM-18

    40(2)

    Affidavit in support of statement of case.

    rule 68

    TM-19

    41, Rule 77

    Application for approval by the Registrar of a proposed assignment or transmission of trade mark resulting in exclusive rights in different parts of India .

    24

    TM-20

    42, rule 74(1)

    Application for directions for advertisement of an assignment of trade marks otherwise than in connection with goodwill of the business.

    25

    TM-21

    42, rule 74(3)

    and rule Application for extension of time in which to apply for the Registrar’s directions for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business.

    26

    TM-22

    18(1) rule 25(5), 144 and 145

    Application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145

    2

    TM-23

    45

    Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title.

    27,28

    TM-24

    45,rule 68

    Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title.

    27,28

    TM-25

    46(4), rule 79

    Application for extension of time for the registration of the name of a company as a subsequent proprietor of a trade mark in the register.

    29

    TM-26

    47, 57

    Application for the rectification of the register or the removal of a trade mark from the register.

    30, rule 92

    TM-27

    rule 94, 133, 139

    Application for leave to intervene in proceedings relating to the rectification of the register or the removal of a trade mark from the register or a collective mark or a certification trade mark.

    31

    TM-28

    49, rule 80

    Application for registration of registered user

    32,33

    TM-29

    50 (1)(a),
    rule 87

    (a) Application by the registered proprietor of a trade mark for variation of the registered user thereof with regard to the goods or services or the condition or restriction.

    34

    TM-30

    50(1)(b),
    rule 88(1)

    (b) Application by the Registered Proprietor of a trade mark or by any of the registered users of the trade mark for the cancellation of entry of a registered user thereof.

    35

    TM-31

    50(1)(c) or (d), rule 88(1)

    (c) Application for cancellation of entry of a or
    (d) registered user of a trade mark of a trade mark.

    36

    TM-32

    rule 90(2)

    Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark

    37

    TM-33

    58,
    rules 91,97

    Request to enter change of name or description of registered proprietor (or registered user of trade mark upon the register).

    38

    TM-34

    58, rules 91, 96, 97

    Request for alteration of the address of the principal place of business of residence in India or of the address in the home country abroad in the Register of Trade Marks

    39

    TM-35

    58 (1)(c ), rule 97

    Application by registered proprietor of trade mark for the cancellation of entry thereof in the register.

    42

    TM-36

    58(1)(d).
    rule 97

    Application by registered proprietor of trade 42 mark to strike out goods or services from those for which the trade mark is registered

     

    TM-37

    154(2) and 15(3), rule 25(11), 26 and 31

    Application in respect of series trade mark from convention countries under section 154(2) 26 & 31 for goods or services in a class or for different classes

    7

    TM-38

    59(1)

    Application by registered proprietor under Section 59 for an addition to or alteration of a registered trade mark

    43

    TM-39

    59(2), rule 99(2)

    Notice of opposition to application for addition to or alteration of a registered trade mark

    44

    TM-40

    60, Rule 101

    Application by the proprietor of a registered trade mark for the conversion of the specification

    45

    TM-41

    60(2), Rule 101(4)

    Notice of opposition to proposal for conversion of specification under section 60(2)

    46

    TM-42

    66 or 74(2) rule 132(a), 140

    Request for amendment of deposited regulations governing the use of a collective mark or alteration of deposited regulation of a certification trade mark

    47

    TM-43

    68,77 and rules 92, 133,139

    Application for removal from the register of a collective mark or to cancel or vary the registration of a certification trade mark.

    48

    TM-44

    21(1) rule 47(6)

    rule Application for extension of time for giving notice of opposition to a trade mark

    13, 47(6)

    TM-45

    18(1), 154(2) rule 25(6), 26, 144, and 145

    An application to register a textile trade mark (other than a collective mark or certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule from a convention country u/s

    10, 154 (2)

    TM-46

    137 or 148(2), rule 119 and 120

    Request for certificate of the Registrar or certified copies of documents

    51 to 53

    TM-47

    141 rule 124

    Request for entry in the register and advertisement of a note of the certificate of validity by the Appellate Board.

    54

    TM-48

    145 and
    rule 21

    Form of Authorisation of Agent in a matter or proceeding under the Act

     

    TM-49

    63, 71 Rule 128(1),135(1)

    Regulations for governing the use of a rule 128(5) collective trade mark or acertification trade mark or 135(1)

     

    TM-50

    rule 91,96,97

    Form of request by a registered proprietor or a registered user of a trade mark who has no principal place of business in India , to enter, alter or substitute an address for service in India .

    40,41

    TM-51

    18(2), rule 25(9), 103

    A single application under section 18(2) for rule 25(9) registration of a trade mark for goods or services in different classes.

    5

    TM-52

    18(2) rule 25(4), 103

    A single application u/s 18(2) for registration rule 25(4) of a trade mark from convention country u/s 154(2)

    4

    TM-53

    22 rule 104(1)

    Proviso Divisional application to section 22

    68

    TM-54

    rule 24(1)

    Request for search

    49

    TM-55

    133(1) rule 23

    Preliminary advice as to distinctiveness

    50

    TM-56

    131, rule 105

    Request for extension of time

    56

    TM-57

    127(c), rule 115

    On application for review of Registrar’s decision

    57

    TM-58

    rule 46

    Application for particulars of advertisement of a trade mark

    59

    TM-59

    rule 62(3)

    Application for duplicate or further copy of certificate of registration

    62

    TM-60

    rule 24(3)

    Application for search and certificate under Section 45(1) of the Copyright Act, 1957

    64

    TM-61

    rule 25(16)

    Application for inclusion of specification of goods or services in excess of five hundred characters

    69

    TM-62

    43, rule 140(2)

    Application for the consent of the Registrar to rule 140(2) the assignment or transmission of certification trade mark

    70

    TM-63

    rule 38(1)

    Request for expedited examination of an application for the registration of a trade mark under rule 38(1)

    71

    TM-64

    63(1), 154(2), Rule 128(1)

    Application to register a collective mark for rule 128(1) a specification of goods or services included in a class from convention country under section 154(2)

    72

    TM-65

    154(2), rule 25(8)(b), 135(1)

    Application under section 71 to register a Certification trade mark for a specification of goods or services included in a class from convention country under section 154(2)

    73

    TM-66

    18(2),63(1). rule 25(17(a),103, 128(1).

    Single application for registration of a collective trade mark for different classes of goods or services

    83

    TM-67

    18(2), 63(1), 154(2), rule 25(17)(b), 103,128(1)

    Single application for registration of a collective trade mark for different classes of goods or services from a convention country under section 154(2)

    84

    TM-68

    18(2), 71

    Single application for registration of a certifi- cation trade mark for different classes of goods or services

    85

    TM-69

    18(2), 71, 154(2),

    Single application for registration of a certifiation trade mark for different classes of goods or services from a convention country under section 154(2).

    86, 71

    TM-70

    137, 148. rule 8(2)( c), Provision to rule 119

    proviso Request for expedited certificate of the Registrar or certified copies of documents

    74

    TM-71

    rule 8 (2)(c) Provision to rule 24(1).

    Proviso to Request for expedited search in respect of one class

    75

    TM-72

    rule 8(2)(c ), 24(5)

    Request for expedited search certificate under section 45(1) of the Copyright Act,1957

    76

    TM-73

    Section 25(a),
    rule 74(2)

    Request to refuse or invalidate a trade mark Of Geogra- Consisting of a geographical indication. phical Indi- cations of . Goods (Registration and Protection)Act, 1999, rule 74(2) of Geographical Indications Goods Rules, 2001 and rule 102 of Trade Marks Rules, 2001


    66

    TM-74

    Section 25(b), rule 75(2)

    Request to refuse or invalidate a trade mark of Geogra- conflicting with or containing or consisting phical Indi- of a geographical indication notified under cations of sub-section (2) of section 22 of the Goods Geographical Indications of Goods (Regi- (Registration stration and Protection)Act,1999 and Protection)Act, 1999, rule 75(2) of Geographical Indications Goods Rules and rule 102 of Trade Marks Rules, 2001

    65

    TM-75

    rule 32

    Request for search and issuance of certificate under rule 32

    87

    TMA-1

    rule 153

    Application for registration as a trade mark agent

    77

    TMA-2

    rule 159

    Application for restoration of the name of person to the register of trade marks agents

    80

    TMA-3

    rule 160

    Application for the alteration of an entry in the Register of Trade Marks Agents.

    81

     

     
                                            

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