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First Schedule:- Trade Mark Rules 2017

Entry No On what payable Amount in INR. Corresponding Form Number
For Physical filing For E-filing
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

(287 KB)

Where the applicant is an Individual / Startup/Small Enterprise 5,000 4,500
In all other cases (Note: Fee is for each class and for each mark ) 10,000 9,000
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

(49 KB)

3 For renewal of registration of a trademark under section 25 for each class 10,000 9,000 TM-R

(41 KB)

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
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
4 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

(64 KB)

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 trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.

3,000 2,700
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
On application for: Dissolution of association between trademark sunder 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
5 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

(118 KB)

6 Request for search and issue of certificate under rule 22(1) 10,000 9,000 TM-C

(49 KB)

Request for an expedited search and issuance of certificate under rule 22 (3) Not allowed 30,000
7 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

(80 KB)

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
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
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
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 (Note: fee is for each class and for each mark) Not allowed 40,000
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
8 On application for registration of a person as a trademark agent under rule 147 & 149. 5,000 4,500 TM-G

(41 KB)

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
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
On application for an alteration of any entry in the Register of trademarks Agent under rule 154 1,000 900
Handling fee for certification and transmission of international application to International Bureau with MM2(E) Not allowed 5,000

First Schedule:- Trade Mark Rules 2002

Entry No On what payable Amount Rs. Corresponding Form Numbe
1 On application to register a trade mark for a specification of goods or services included in one class [Section 18(1) 3500.0 TM-1

 

(8 KB)

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

3500.0 TM-22

 

(6 KB)

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 3500.0 TM-2

 

(6 KB)

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 3500.00 for each class TM-52

 

(7 KB)

5 On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services 3500.00 for each class TM-51

 

(6 KB)

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 classe 3500.00 for each trade mark and for each separate class thereo TM-8

 

(6 KB)

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 classe 3500.00 for each trade mark and for each separate class thereo TM-37

 

(6 KB)

8 On application under section 63(1) to register a collective mark for a specification of goods or services included in a class 10,000.0 TM-3

 

(4 KB)

9 On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class 10,000.0 TM-4

 

(4 KB)

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)

3500.0 TM-45

 

(18 KB)

11 On a request under rule 40(1) to state grounds of decision 1000.0 TM-15

 

(3 KB)

12 On a notice of opposition under section 21 (1), 64, 66 or 73 for each class opposed 2500.0 TM-5

 

(3 KB)

13 On application for extension of time for filing notice of opposition under section 21(1 500.0 TM-44

 

(4 KB)

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

1000.0 TM-6

 

(3 KB)

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 500.0 TM-7

 

(3 KB)

16 On application under section 16(5) to dissolve the association between registered trade marks 500.00 for each dissolution TM-14

 

(4 KB)

17 For renewal under section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged 5,000.0 TM-12

 

(3 KB)

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 eac separate

class

5,000.0 2500.0 TM-12

 

(3 KB)

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 5,000.0 for each class TM-12

 

(3 KB)

20 For renewal under section 25 of the registration of a collective mark/certification trade mark 20,000.0 TM-12

 

(3 KB)

21 On application under section 25(4) for restoration of a trade mark removed from the register 5000.0 TM-13

 

(3 KB)

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

 

(4 KB)

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 proprieto included in that assignment 2500.0 500.0 TM-17

 

(3 KB)

24 On application for approval of the Registrar under

section 41 For the first trade mark For every additional mark of the sam proprietor included in the same transfer

2500.0

500.0

TM-19

 

(4 KB)

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 th same devolution of title 2500.0

2500.0 500.0

TM-20

 

(4 KB)

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 mont Not exceeding two

month Not exceeding three month

500.0

1000.0

1500.0

TM-21

 

(4 KB)

27 On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark 5000.0

7500.0

TM-23

 

(4 KB)

OR

TM

 

(4 KB)

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

10,000.0 TM-23

 

(4 KB)

OR

TM

 

(4 KB)

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: 5000.0

1000.0

TM-23

 

(4 KB)

OR

TM-24

(4 KB)

If made within six months from the date of acquisition of proprietorship For the first mar 7500.0 TM-23

 

(4 KB)

OR

TM-24

(4 KB)

For every additional mar 1500.0 TM-23

 

(4 KB)

OR

TM-24

(4 KB)

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

For the first mar

For every additional mar

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

For the first mar

For every additional mar

10,000.0

2000.0

TM-23

 

(4 KB)

OR

TM-24

(4 KB)

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 month Not exceeding four month Not exceeding six month 500.0

1000.0

1500.0

TM-25

 

(4 KB)

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 mar 3000.0 TM-26

 

(4 KB)

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

500.0 TM-27

 

(3 KB)

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 5000.0 TM-28

 

(4 KB)

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

5000.0 3000.0 TM-28

 

(4 KB)

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 mar

For every additional mark included in the applicatio

5000.0 2500.0 TM-29

 

(5 KB)

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 mar For every additional

mark included in the applicatio

2500.0 2500.0 500.0 TM-30

 

(5 KB)

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 mar For every additional

mark included in the applicatio

5000.0 5000.0

2000.0

TM-31

 

(5 KB)

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 mar 500.0 TM-32

 

(3 KB)

38 On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mar 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 Indi where the application includes more than one trade mark For the first trade mar For every additional mark included in

the applicatio

1000.0

1000.0

1000.0 500.0

TM-33

 

(4 KB)

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 entr For every other entry included in the applicatio

500.0

500.0 200.0

TM-34

 

(4 KB)

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 entr For every other entry included in the application

500.0 500.0

200.0

TM-50

 

(5 KB)

41 On application to alter or substitute an entry of an address for service inIndia 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 entr For every other entry included in the applicatio

500.0

500.0

200.0

TM-50

 

(5 KB)

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 200.0 TM-35

 

(3 KB)

OR

TM-36

 

(3 KB)

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 mar For every other mark included in the application

2500.0

2500.0

1000.0

TM-38

 

(6 KB)

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 oppose 1500.0 TM-39

 

(5 KB)

45 On application under section 60 for conversion of specification 1000.0 TM-40

 

(4 KB)

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 mar For every additional mark included in the notice

of opposition

1500.0

1500.0

700.0

TM-41

 

(4 KB)

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

1000.0

1000.0

200.0

TM-42

 

(4 KB)

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 7 1000.0 TM-43

 

(5 KB)

49 Deleted
50 On request for the Registrar’s preliminary advice under section 133(1) for a trade mark in respect of one class 1000.0 TM-55

 

(3 KB)

51 On request for certificate of the Registrar under section 137( other than a certificate under section 23(2)) 500.0 TM-46

 

(4 KB)

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 500.0 TM-46

 

(4 KB)

53 On request for a certified copy of any entry in the register or of any document under section 148(2) 500.0 TM-46

 

(4 KB)

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 clas 200.0 TM-47

 

(5 KB)

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

500.0 TM-16

 

(4 KB)

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) 500.0 TM-56

 

(4 KB)

57 On application for review of the Registrar’s decision under section 127 (c 2000.0 TM-57

 

(3 KB)

58 On petition (not otherwise charged) for obtaining Registrar’s order on any interlocutory matter in a contested proceeding 2500.0
59 On request to Registrar for particulars of advertisement of a mark under rule 46 250.0 TM-58

 

(4 KB)

60 For inspecting the documents mentioned in section 148(1): relating to any particular trade mark for every hour or part thereof search of index mentioned in section 148 for every hour or part thereo 200.0

200.0

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(3 500.0 TM-59

 

(5 KB)

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 1500.0 TM-9

 

(3 KB)

64 For search and issue of certificate under rule 24(3) 5000.0 TM-60

 

(3 KB)

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

3000.0 TM-74

 

(9 KB)

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

3000.0 TM-73

 

(10 KB)

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 500.0 TM-7

 

(3 KB)

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

 

(4 KB)

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 characters TM-61

 

(4 KB)

70 On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark 1000.0 TM-62

 

(5 KB)

71 On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark 12,500.0 TM-63

 

(4 KB)

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) 10,000.0 TM-64

 

(16 KB)

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) 10,000.0 TM-65

 

(19 KB)

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 2500.0 TM-7

 

(3 KB)

75 Delete
76 On request for an expedited search and issuance of a certificate under rule 24(5) 25000.0 TM-72

 

(4 KB)

77 On application for registration as a trade mark agent under 152 1000.0 TMA-1

 

(5 KB)

78 For registration of a person as a trade mark agent under rule 154 1000.0
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 1stApril, 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

1000.0 1000.0
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

 

(2 KB)

81 On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160 200.0 TMA-3

 

(3 KB)

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) 500.0
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

 

(16 KB)

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 5000.0 TM-75

Second Schedule

Entry No Section Title Entry Act No Form No
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-1

(8 KB)

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-2

(6 KB)

3 63(1) Application for registration of a collective mark 8 TM-3

(4 KB)

4 71(1) Application for registration of a certification trade mark. 9 TM-4

(4 KB)

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-5

(3 KB)

6 21(2), 47, 57, 59(2) Form of counterstatement 14 TM-6

(3 KB)

7 21, 47, 57, 59, 64,66 73 and 77 Notice of intention to attend hearing. 15 TM-7

(3 KB)

8 15(3) Application for registration of series trade marks for goods or services in a class or different classes 6 TM-8

(6 KB)

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-9

(3 KB)

10 25(3) Proviso Payment of surcharge towards renewal of to trade mark, certification trade mark and collective mark. 22 TM-10

(4 KB)

11 25 Application for renewal after expiry of last registration of a trade mark/collective mark/certification trade mark 17 to 20 TM-12

(3 KB)

12 25(4) Application for restoration of a trade mark removed from the register 21 TM-13

(3 KB)

13 16(5) Application to dissolve association between registered trade mark 16 TM-14

(4 KB)

14 40(1) Rule Request for statement of grounds of decision 11 TM-15

(3 KB)

15 18(4), 22 and 58 Request for correction of clerical error or for amendment Rule 41 55 TM-16

(4 KB)

16 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-17

(3 KB)

17 40(2) Affidavit in support of statement of case. Rule 68 TM-18

(4 KB)

18 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-19

(4 KB)

19 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-20

(4 KB)

20 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-21

(4 KB)

21 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-22

(6 KB)

22 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-23

(4 KB)

23 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-24

(4 KB)
24 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-25

(4 KB)

25 47, 57 Application for the rectification of the register or the removal of a trade mark from the register. 30, Rule 92 TM-26

(4 KB)

26 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-27

(3 KB)

27 49, Rule 80 Application for registration of registered user 32,33 TM-28

(4 KB)

28 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-29

(5 KB)

29 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-30

(5 KB)

30 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-31

(5 KB)

31 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-32

(4 KB)

32 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-33

(6 KB)

33 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-34

(4 KB)

34 58 (1)(c ), Rule 97 Application by registered proprietor of trade mark for the cancellation of entry thereof in the register. 42 TM-35

(3 KB)

35 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-36

(3 KB)

36 154(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-37

(6 KB)

37 59(1) Application by registered proprietor under Section 59 for an addition to or alteration of a registered trade mark 43 TM-38

(6 KB)

38 59(2), Rule 99(2) Notice of opposition to application for addition to or alteration of a registered trade mark 44 TM-39

(5 KB)

39 60, Rule 101 Application by the proprietor of a registered trade mark for the conversion of the specification 45 TM-40

(4 KB)

40 60(2), Rule 101(4) Notice of opposition to proposal for conversion of specification under section 60(2) 46 TM-41

(4 KB)

41 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-42

(4 KB)

42 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-43

(5 KB)

43 21(1) Rule 47(6) Rule Application for extension of time for giving notice of opposition to a trade mark 13, 47(6) TM-44

(4 KB)

44 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-45

(18 KB)

45 137 or 148(2), Rule 119 and 120 Request for certificate of the Registrar or certified copies of documents 51 to 53 TM-46

(4 KB)

46 141 Rule 124 Request for entry in the register and advertisement of a note of the certificate of validity by the Appellate Board. 54 TM-47

(5 KB)

47 145 and

Rule 21

Form of Authorisation of Agent in a matter or proceeding under the Act TM-48

(5 KB)

48 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-49

(3 KB)

49 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 inIndia. 40,41 TM-50

(5 KB)

50 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-51

(6 KB)

51 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-52

(7 KB)

52 22 Rule 104(1) Proviso Divisional application to section 22 68 TM-53

(4 KB)

53 Deleted
54 133(1) Rule 23 Preliminary advice as to distinctiveness 50 TM-55

(3 KB)

55 131, Rule 105 Request for extension of time 56 TM-56

(4 KB)

56 127(c), Rule 115 On application for review of Registrar’s decision 57 TM-57

(3 KB)

57 Rule 46 Application for particulars of advertisement of a trade mark 59 TM-58

(4 KB)

58 Rule 62(3) Application for duplicate or further copy of certificate of registration 62 TM-59

(5 KB)

59 Rule 24(3) Application for search and certificate under Section 45(1) of the Copyright Act, 1957 64 TM-60

(3 KB)

60 Rule 25(16) Application for inclusion of specification of goods or services in excess of five hundred characters 69 TM-61

(4 KB)

61 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-62

(5 KB)

62 Rule 38(1) Request for expedited examination of an application for the registration of a trade mark under Rule 38(1) 71 TM-63

(4 KB)

63 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-64

(16 KB)

64 154(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-65

(19 KB)

65 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-66

(16 KB)

66 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-67

(19 KB)

67 18(2), 71 Single application for registration of a certifi- cation trade mark for different classes of goods or services 85 TM-68

(17 KB)

68 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-69

(9 KB)

69 137, 148. Rule 8(2)( c), Provision to Rule 119 proviso Request for expedited certificate of the Registrar or certified copies of documents 74 TM-70

(6 KB)

70 Rule 8(2)(c ), 24(5) Request for expedited search certificate under section 45(1) of the Copyright Act,1957 76 TM-72

(4 KB)

71 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-73

(10 KB)

72 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-74

(9 KB)

73 Rule 32 Request for search and issuance of certificate under Rule 32 87 TM-75

(4 KB)

74 Rule 153 Application for registration as a trade mark agent 77 TMA-1

(5 KB)

75 Rule 159 Application for restoration of the name of person to the register of trade marks agents 80 TMA-2

(2 KB)

76 Rule 160 Application for the alteration of an entry in the Register of Trade Marks Agents. 81 TMA-3

(3 KB)

Download Forms
Sl No. Form Name Download
Word
1. Application Form for Registration of Copyright (Form-XIV)
2. Application Form for Registration of changes in Particulars of Copyright (Form-XV)
3. Application Form for the Relinquishment of Copyright (Form-I)
4. Proforma for discrepency letter
Sr. No. Process Title Download
1 Application for registration of design
Sections 5 and 44

(25 KB)2Claim under to proceed as an applicant or joint applicant.
Section 8(1) _ (5)

(21 KB)3Application for Extension of copyright.
Section 11

(13 KB)4Application for the Restoration of design
Section 12(2)

(18 KB)5Request for inspection
Section 17(1)

(13 KB)6Request for search
Section 18

(14 KB)7Request for search
Section 18

(14 KB)8Petition for cancellation for registration of a design.
Section 19

(16 KB)9Notice of intended exhibition or publication of unregistered design.
Section 21

(18 KB)10Application for registration of a document in the Register Design.
Section 30(3)

(16 KB)11Application for entry of name of proprietor or part proprietor in the Register
Section 30

(19 KB)12Application for entry of mortgage or licence in the Register.
Section 30

(18 KB)13Application for entry of notification of document in the Register.
Section 30 and rule 37

(15 KB)14Request for correction of clerical error.
Section 29

(15 KB)15Request for certified copy.
Section 26 and rule 41

(16 KB)16Application for certified copy of registered design.
Section 17(2)

(15 KB)17Application for rectification of Register.
Section 31

(17 KB)18Application for extension of time for filing priority document
Rule 15 and 18

(18 KB)19Notice of opposition.
Rule 40

(17 KB)20Notice of intention to attend hearing.
Rules 29 and 40

(13 KB)21Power of authority to agents.
Section 43

(16 KB)22Notice of alteration of address or name or an address for service in the Register
Rule 31

(15 KB)23Request for entries of two addresses for service in register
Section 10

(15 KB)24To be submitted for claiming the status of a entity
Rules 2 and 5

(24 KB)

Sr.No. Title Details/Download
1 View your IEC Details
2 Check-List of details checked by Regional Authorities before issuance of IEC. Download (58.55 KB)
3 e-IEC Format. Download (214.09 KB)
4 List of Regional Authorities (RAs) of DGFT (with their Jurisdiction) Download (225.62 KB)
5 Format of Bank Certificate* (*Bank Certificate is required only if cancelled cheque is not available). Download (228 KB)
6 List of documents required to be uploaded along with the application form. Download (48.36 KB)
7 Online e-IEC Application Format. Download (134.04 KB)
8 Online IEC Modification(FAQ) Details
9 Online IEC application Details
10 Information of e-IEC Download (134.04 KB)

What Is GST

GST is an Indirect Tax which has replaced many Indirect Taxes in India. The Goods and Service Tax Act was passed in the Parliament on 29th March 2017. The Act came into effect on 1st July 2017; Goods & Services Tax Law in India is a comprehensive, multi-stage, destination-based tax that is levied on every value addition.

In simple words, Goods and Service Tax (GST) is an indirect tax levied on the supply of goods and services. This law has replaced many indirect tax laws that previously existed in India.

GST is one indirect tax for the entire country.

So, before Goods and Service Tax, the pattern of tax levy was as follows:

Under the GST regime, the tax is levied at every point of sale. In the case of intra-state sales, Central GST and State GST are charged. Inter-state sales are chargeable to Integrated GST.

Now let us try to understand the definition of Goods and Service Tax – “GST is a comprehensive, multi-stagedestination-based tax that is levied on every value addition.”

Multi-stage

There are multiple change-of-hands an item goes through along its supply chain: from manufacture to final sale to the consumer.

Let us consider the following case:

  • Purchase of raw materials
  • Production or manufacture
  • Warehousing of finished goods
  • Sale to wholesaler
  • Sale of the product to the retailer
  • Sale to the end consumer

Value Addition

Services Tax is levied on each of these stages which makes it a multi-stage tax.

The manufacturer who makes biscuits buys flour, sugar and other material. The value of the inputs increases when the sugar and flour are mixed and baked into biscuits.

The manufacturer then sells the biscuits to the warehousing agent who packs large quantities of biscuits and labels it. That is another addition of value after which the warehouse sells it to the retailer.

The retailer packages the biscuits in smaller quantities and invests in the marketing of the biscuits thus increasing its value.

GST is levied on these value additions i.e. the monetary value added at each stage to achieve the final sale to the end customer.

Destination-Based

Consider goods manufactured in Maharashtra and are sold to the final consumer in Karnataka. Since Goods & Service Tax is levied at the point of consumption. So, the entire tax revenue will go to Karnataka and not Maharashtra.

What is Income Tax

Income Tax refers to the tax you pay directly to the government depending on your income or profit (for companies/local authorities). The money collected by this direct tax route is used by the Government for infrastructural developments and, also, to pay the employees of central and state government bodies.

Taxes levied by the Government are of two types- Direct taxes and Indirect taxes. Indirect taxes are those that are levied on services and goods. Direct taxes, on the other hand, are levied on profits and income. For example, service tax is what you pay in a restaurant and is an indirect tax, whereas Income Tax that is deducted from your salary every month in the form of TDS, is an example of direct tax.

Income Tax Act of India, passed in 1961, governs the provisions for income tax as well as the various deductions that are applicable to it. However, since 1961, the law has been amended several times to take care of inflation and other socio-economic situations.

Income Tax Overview

Income Tax is undoubtedly the most important source of revenue for the Indian government. It is established as an inevitable imposition on the citizens in order to raise funds for fulfilling the development & defence needs of the country.

Taxes imposed on income, purchase, sale, and property help the government to run different government embodiment and machinery.

In India, the first Income Tax Act was introduced in 1860. It was implied by James Wilson to overcome heavy losses suffered by the British Government due to India’s freedom movement in 1857. The history of Income Tax in India is divided into 3 different periods:

  1. 1860-1885
  2. 1886-1914
  3. 1914 till date

Currently, the Income Tax Act 1961 is applicable in India. In 1956, the government referred the request to impose Income Tax Act. The Law Commission further submitted its report on the Income tax Act in 1958 and the same year, Chairman Shri Mahavir Tyagi, chaired the Direct Taxes Administration inquiry Commission.

The Income Tax Act, 1961 was introduced to the public. Since then, it has undergone amendments from time to time.

Types of Taxes in India

As per the Income Tax Act, there are 2 types of taxes in India:

  1. Direct Taxes

It is borne and paid directly by the individual on whom it is imposed such as, wealth tax, income tax, gift tax, etc. The taxpayer pays this tax directly to the government without any involvement of intermediary source.

  1. Indirect Taxes

If a tax is passed on by the taxpayer to the other person, it is an indirect tax e.g. sales tax, Value Added Tax (VAT) etc. This type of tax is paid indirectly to the Income tax department.

Who are the Tax Payers?

Any Indian citizen aged below 60 years is liable to pay income tax, if their income exceeds Rs 2.5 lakhs. If the individual is above 60 years of age and earns more than Rs 2.5 lakhs, he/she will have to pay taxes to the Government of India. Additionally, the following entities that generate income are liable to pay direct taxes:

  •    Hindu Undivided Family (HUF)
  •    Body Of Individuals (BOI)
  •    Association of Persons (AOP)
  •    Local Authorities
  •    Corporate firms
  •    Companies
  •    All Artificial Juridical Persons

What are the Different Income Tax Slab Rates?

Income tax slab rates are defined on the basis of the earning of the taxpayers. Income tax slab rates are broadly categorized as follows:

For HUFs and Individuals (Male or Female) Below the Age of 60 Years Income Tax Slabs & Rates 2017-18

Income Tax Slabs Income Tax Rates
 Income less than Rs 2.5 lakhs Not applicable
Income greater than Rs 2.5 lakhs but less than Rs 5 lakhs 5% of the amount exceeding Rs 2.5 lakhs
Income greater than Rs 5 lakhs but less than Rs 10 lakhs 20% of the amount exceeding Rs 5 lakhs
Income greater than Rs 10 lakhs 30% of the amount exceeding Rs 10 lakhs

For Individuals (Male or Female) Above the Age of 60 Years:

Income Tax Slabs Income Tax Rates
Taxable income less than Rs 3 lakhs Not Applicable
Taxable income greater than Rs 3 lakhs but less than Rs 5 lakhs 5% of the amount exceeding Rs 3 lakhs
Taxable income greater than Rs 5 lakhs but less than Rs 10 lakhs 20% of the amount exceeding Rs 5 lakhs

 

Taxable income greater than Rs 10 lakhs

 

30% of the amount exceeding Rs 10 lakhs

 

For Individuals (Male or Female) Above the Age of 80 Years:

Income Tax Slabs Income Tax Rates
Taxable income less than Rs 5 lakhs Not Applicable
Taxable income greater than Rs 5 lakhs but less than Rs 10 lakhs 20% of the amount exceeding Rs 5 lakhs
Taxable income greater than Rs 10 lakhs 30% of the amount exceeding Rs 10 lakhs

 

For Co-operative Societies:

Income Tax Slabs Income Tax Rates
Taxable income less than Rs. 10,000 10% of the income
Taxable income greater than Rs. 10,000 but less than Rs. 20,000 20% of the amount exceeding Rs. 10,000.

 

Taxable income greater than Rs. 20,000

 

30% of the amount exceeding Rs. 20,000.

 

For Domestic Companies:

The income tax rate applicable for Domestic Companies will be @ 30%.

For Foreign Companies: 

Nature of Income

Rate of Tax

According to the agreement designed by Indian Government, if the foreign firms are paid by the Indian Government in the form of royalties (After March 31st ,1961 and before April 1st, 1976)

50%

According to the agreement made with an Indian concern, if the payment is done for the technical services (provided by foreign firms – After February 29th 1964, before April 1st 1976)

50%

For any other income

40%

For Local Authorities: 

For local authorities, the tax rate is determined as at 30%.

**Income Tax Slab Rates for the assessment year 2018-19**

How is the Income Tax Collected?

There are primarily three ways in which the Income Taxes are collected by the Government:

  • Taxes Deducted at Source (TDS)
  • Taxes Collected at Source (TCS)
  • Voluntary payment by tax payers into designated Banks

What are the different taxable Heads of Income?

Income taxes are levied depending on the source of Income. Following are the five main income heads from which taxes are deducted.

  •  Income From Salaries

Taxable income that all employees receive from their employers is categorized under this head. As per section 192 of the Income Tax Act, the employer will withhold taxes if the employees do not come within the taxable bracket. All about tax deductions and the net paid income are detailed in Form 16 that must be provided by the employer to the employee.

  •  Income From Capital Gains

Capital gains taxation applies to earnings from the sale of capital assets held by the tax assessee. Capital assets refer to the properties such as buildings, lands, bonds, equities, debentures, jewelleries, etc. Taxes are levied on the income of the assessee when such properties are sold.

  • Income From House Property

Income Tax is levied on house property, if the house is given out on rent by the owner. However, under this head, the property cannot be used for business or professional purposes.

  • Income (Profits) From Business

As per section 30 to 43D of the Income Tax Act, the profits earned from businesses or by providing professional services are considered taxable as per applicable rates. This income head is also known as “Profits and Gains of Business or Profession”.

  • Income From Other Sources

Income from any sources other than the four listed above is categorized under this head. Some specific income coming under this head is listed below:

  •   Lottery/horse race winnings
  •   Income from dividends
  •   Pension received after the pensioner’s death.
  •   Rental income (other than house properties)
  •   Gifts received
  •   Interest on government securities, debentures, and bonds.

What are Income Tax Returns?

Every individual, who has a source of income, regular or irregular, is legally required to file their income tax returns. Even if your income is below the taxable bracket, you should file your income tax returns. There are prescribed forms through which the income earned by a person and the income tax paid thereon are informed to the Income Tax Authority. The following table shows different forms prescribed for different classes of taxpayers.

ITR Form 1 Any person who receives regular salary or pension or has an income from residential property or other sources.
ITR Form 2 This form is for those who are come under the category of Hindu Undivided Families and have income from any sources other than Profits gained from business and profession.
ITR Form 3 This form is for the Hindu Undivided Families whose income fall under the head of Profits and Gains of Business or Profession.
ITR Form 4S This form, also known as SUGAM, is applicable to HUFs(Hindu Undivided Families) and individuals opting for SUGAM taxation scheme as per section 44 AD/ AE
ITR Form 4 This form is applicable to Hindu Undivided Families and individuals who are professionals or proprietors
ITR Form 5 This form is applicable for LLPs, Firms, BOIs, AOPs, artificial judiciary persons and local authorities.
ITR Form 6 This form is applicable to companies that claim no exemptions as per section 11 of the Income tax Act.
ITR Form 7 This form is applicable to the persons who are required to file returns as per Sections 139(4A), 139 (4D), 139 (4C), 139(4B)
ITR Form V ITR V is provided to acknowledge that the Income Tax return has been filed.

What is Partnership Firm?

All you need to know

Partnership registration is a business structure in which two or more individuals manage and operate a business in accordance with the terms and objectives set out in the Partnership Deed. It is owned, managed and controlled by an Association of People for profit. Partnership firms are relatively easy to start are is prevalent amongst small and medium-sized businesses in the unorganized sectors.

 Partnership firms are created by drafting a Partnership deed amongst the Partners and DTM Advisors LLP can help start a registered Partnership firm in India.

 DTM Advisors LLP is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory, and management consultancy services to clients in India and abroad. Incorporating a Partnership Firm is easy, seamless, cheapest and quickest with delhitrademark.com! Apart from a Partnership Firm, delhitrademark.com also helps entrepreneurs with Private Limited Company Registration, Public Limited Company Registration, LLP Registration, HUF, One Person Company and Proprietorship Firm Registration easily. You may get in touch with our compliance manager on 9650410410 or email info@mumbaitrademark.com for free consultation.

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