WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/IND/T/2
6 November 2003
(03-5924)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
INDIA
The present document reproduces the text1 of the Trade Marks Rules, 2002, as notified by
India under Article 63.2 of the Agreement (see document IP/N/1/IND/2/Add.1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
INDE
Le présent document contient le texte
1 du Règlement de 2002 sur les marques de fabrique ou
de commerce, notifié par l'Inde au titre de l'article 63:2 de l'Accord (voir le document
IP/N/1/IND/2/Add.1).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
INDIA
En el presente documento se reproduce el texto1 del Reglamento de Marcas de Fábrica o de
Comercio de 2002, que la India notificó de conformidad con lo dispuesto en el párrafo 2 delartículo 63 del Acuerdo (véase el documento IP/N/1/IND/2/Add.1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/IND/T/2
Page 2
MINISTRY OF COMMERCE &  INDUSTRY
(DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION)
NOTIFICATION
New Delhi, the 26th February, 2002
G.S.R. 114(E)- WHEREAS certain Draft Rules were published in exercise of the powers conferred
by sub-section (1) read with section 2 [except clause s (xxix), (xxx, (xxxi), (xxxiii) thereof]of  section
157 of the Trade Marks Act,1999 (47 of 1999) and sections 22 and 24 of the General Clauses Act,
1897 (10 of 1897), vide notification of the Governme nt of India in the Ministry of Commerce and
Industry (Department of Industrial Policy and Promotion) vide Number G.S.R.  373 (E) dated the 18th
May, 2001 published in Part II section 3, sub-section (i) of the Gazette of India, (Extraordinary),
inviting objections and suggestions from all persons likely to be affected thereby  before the expiry of
thirty days from the  date on which copies of the Gazette containing the Notification were made
available to the public;
AND WHEREAS the copies of the Gazette containing the said Notification were made
available to the public on 11th June, 2001;
AND WHEREAS the objections and suggestions were received from the public have been
considered by the Central Government;
NOW, THEREFORE, in exercise of the powers conferred by sub-section (1) and (2) of
section 157 of the Trade Marks Act, 1999( 47 of 1999), the Central Government hereby makes the
following rules, namely:-
PART 1
CHAPTER 1
PRELIMINARY
1. (1)  Short title and commencement . - These rules may be called the Trade Marks Rules,
2002.
(2) They shall come into force on the date on which the Act comes into force.
2. (1) Definition.- In these rules, unless the context otherwise requires, -
a) "Act" means the Trade Marks Act, 1999 (47 of 1999);
b) "agent" means a person authorised under section 145 of the Act;
c) "application for registration of a trade mark" includes the trade mark for goods or services
contained in it;
d) "appropriate office of the Trade Marks Registry" means the relevant office of the Trade
Marks Registry as specified in rule 4;
e) "class fee" means the fee prescribed for the filing of an application for registration of a trade
mark in a particular class;IP/N/1/IND/T/2
Page 3
f) "convention country" means an application for registration of a trade mark made by virtue of
section 154;
g) "convention application" means an application for the registration of a trade mark   made by
virtue of Section 154;
h) "divisional application" means-
(i) an application containing a request for the division of goods or services in a
class for the registration  of a trade mark; or
(ii) a divided application made by the division of a single application for the
registration of a trade mark for separate classes of goods or services;
i) "divisional fee" means fee prescribed against entry no.68  in the First Schedule,
j) "Form" means a form set forth in either the Second or   the Third Schedule;
k) "graphical representation" means the representation of a trade mark for goods or   services in
paper form;
l) "journal" means the Trade Marks Journal referred to in rule 43;
m) "notified date" means the date on which the    rules come into force;
n)  "old law" means the Trade and Merchandise Marks Act, 1958 and  rules made there under
existing immediately before the commencement of the Act;
o) "opposition" includes an opposition to the registration of a trade mark or a collective mark or
a certification trade mark, as the case may be;
p) "principal place of  business in India"  means the relevant place in India as specified in rule 3;
q) "publish" means publish in the Trade Marks Journal;
r)      "registered trade mark agent" means a trade marks agent whose name is actually on the
Register of Trade Marks Agents maintained under rule 148;
s)      "renewal" means and includes renewal of a trade mark, certification trade mark or collective
mark, as the case may be;
t) "schedule" means a schedule to the rules;
u) "section" means a section of the Act;
v) "specification" means the designation of goods or services in respect of which a trade mark
or a registered user of a trade mark is registered or proposed to be registered;
w)     All other words and expressions used but not defined in these rules but defined in the Act or in
the Geographical Indications of Goods (Registration and Protection) Act, 1999(48 of 1999),
the Copyright Act, 1957 (14 of 1957) shall have the meanings assigned to them in those  Acts.
(2). In these rules, except as otherwise indicated, a reference to a section is a reference to
that section in the Act, a reference to a rule is a re ference to that rule in these rules, a reference to a
Schedule is a reference to that Schedule to these rules and a reference to a Form is a reference to that
Form  contained in the Second Schedule or the Third Schedule, as the case may be, to these rules.
3. Principal place of business in India . -  "Principal place of business in India" means-
(i) where a person carries on business in the goods or services concerned  in a trade mark-
(a) if the business is carried on in India at only one place, that place;
(b) if the business is carried on in India at more places than one, the place mentioned by
him as the principal place of business in India;
(ii) where a person is not carrying on a business in the goods or services concerned in a trade
mark -
(a) if he is carrying on any other business in India  at only one place, that place;
(b) if he is carrying on any other business in India at more places than one, the place
mentioned by him as the principal place of business in India; andIP/N/1/IND/T/2
Page 4
(iii) where a person does not carry on any business in India but has a place of residence in India,
then such place of residence in India.
4. Appropriate office of the Trade Marks  Registry . - The appropriate office of the Trade
Marks Registry for the purposes of making an application for registration of a trade mark under
section 18 or for giving notice of opposition under section  21 or for making an application forremoval of a trade mark under section  47 or cancelling or varying the registration of a trade mark
under Section 57 or for any other proceedings under the Act and the rules shall be -
a) in relation to a trade mark on the Register of Trade Marks at the notified date, the office of the
Trade Marks Registry within whose territorial limits-
(i) the principal place of business in India of the registered proprietor of the trade mark
as entered in the register at such date is situate;
(ii) where there is no entry in the register as to the principal place of business in India of
the registered proprietor, the place mentioned in the address for service in India as
entered in the register at such date is situate;
(iii) in the case of jointly registered proprietors, the principal place of business in India of
the proprietor whose name is entered first in the register as having such place of
business in India at such date is situate;
(iv) where none of the jointly registered proprietors is shown in the register as having a
principal place of business in India, the place mentioned in the address for service in
India of the joint proprietors as entered in the register at such date, is situate;
(v) if no principal place of business in India of the registered proprietor of the mark or in
the case of joint registration, of any of the joint proprietors of the mark, is entered in
the register, and the register does not contain any address for service in India, the
place of the office of the Trade Marks Registry where the application for registration
of the trade mark was made, is situate, and
b) in relation to a trade mark for which an application for registration is pending at the notified
date or is made on or after the notified date, the office of the Trade Marks Registry within
whose territorial limits –
(i) the principal place of business in India of the applicant as disclosed in the application
or, in the case of joint applicants, the principal place of business in India of the
applicant whose name is first mentioned in the application, as having such place of
business is situate;
(ii) where neither the applicant nor any of the joint applicants, as the case may be, has a
principal place of business in India, the place mentioned in the address for service in
India as specified in the application is situate.
5. Jurisdiction of appropriate office not altered by change in the principal place of business
or address for service . -  No change in the principal place of business in India or in the address for
service in India, as the case may be,
(a) of a registered proprietor or of any of the jointly registered proprietors in relation  to any trade
mark on the register at the notified date, made or effected subsequent to that date or,
(b) of an applicant for registration or of any of the joint applicants for registration in relation to
any trade mark for which an application for registration is either  pending at the notified date
or is made on or after that date, made or effected subsequent to that date or to the date offiling of such application, as the case may be,
 shall affect the jurisdiction of the appropriate office of the trade marks registry .IP/N/1/IND/T/2
Page 5
6. Entry of the appropriate office in the Register.   - In respect of every trade mark on the
register at the notified date or registered thereafter the Registrar shall cause to be entered in the
register the appropriate office of the trade marks registry and the Registrar may, at any time, correct
any error in the entry so made.
7. Transfer of pending applications and proceedings to appropriate offices of the trade
marks registry . - Every application and proceeding pending before the Registrar at the notified date
in relation to a trade mark shall be deemed to have been transferred to the appropriate office of the
trade marks registry.
8. Leaving of documents,  etc.  -  (1) Save as otherwise provided in sub-rule (2), all
applications, notices, statements or other documents or any fees authorised or required by the Act orthe rules to be made, served, left or sent or paid at or to the trade marks registry  in relation to a trade
mark on the Register of Trade Marks on the notified date or for which an application for registration
is pending on, or is made on or after the notified date, shall be made, served, left or sent or paid to the
appropriate office of the trade marks registry.
(2) Documents or fees authorised or required by the Act or the rules to be sent or paid may be
sent or paid at or to either the appropriate office or the head office of the trade marks registry in the
following matters –
(a) communication and other documents including affidavits in relation to an application
filed for registration of a trade mark;
(b) application or request on Forms TM-10, TM-12, TM-13, TM-14, TM-16, TM-17,
TM-19, TM-20, TM-21, TM-23, TM-24, TM-25, TM-28, TM-29, TM-30, TM-31,
TM-32, TM-33, TM-34, TM-35, TM-36,  TM-38, TM-40, TM-46, TM-47, TM-50,
TM-54, TM-55, TM-58, TM-59 , TM-61 and TM-62..
(c) Notwithstanding anything contained in sub-rule 1 and under clause (a) or clause (b)
of sub-rule 2 or sub rule 3 of rule 24, a request for search and issuance of certificate
in form TM-60, expedited  examination in Form TM-63, or expedited certified copies
of documents in Form TM-70, or for expedited search report in Form TM-71 or for
expedited search and issuance of a copyright certificate in TM-72 shall be filed at thehead Registry until the Registry after info rming the public in the Journals directs
otherwise .
(9) Documents etc. filed or left not at the appropriate office . - Subject to the provisions of
rule 8, where an application, notice, statement or other document or any fee authorised or required by
the Act or the rules is made, served, left or sent or paid, at or to an office inadvertently which is not
the appropriate office of the Trade Marks Registry, the Registrar may on his own or on a  request inwriting return such application, notice, statemen t or document to the appropriate office if he is
satisfied that it was a bona fide  error by the applicant:
Provided  the period for which such application, notice or statement or document is retained by the
office which is not the appropriate office shall be excluded for the purposes of computing the period
of limitation where any of such application, notice, statement or document is required to be presented
within the prescribed period:
Provided  further that any fee paid at the office which is not the appropriate shall be deemed to have
been paid at the appropriate office:
Provided  also that before declining any such request, the Registrar shall provide the applicant an
opportunity of being heard.IP/N/1/IND/T/2
Page 6
10. Issue of notices etc . - Any notice or communication relating to an application, matter or
proceeding under the Act  or the rules may be issued by the Head of Office or any other officers
authorised by the Registrar.
11. Fees .  -  (1)  The fees to be paid in respect of applications, oppositions, registration, renewal,
expedited examination or reports or any other matters under the Act  and the rules shall be those
specified in the First Schedule, hereinafter referred to as the prescribed fees.
(2) Where in respect of any matter a fee is required  to be paid under the rules, the form or the
application or the request of the petition, thereof, shall be accompanied by the prescribed fee.
(3) Fees may be paid in cash or sent by money order addressed to the Registrar or by a bank
draft issued or by a cheque drawn on a scheduled bank at the place where the appropriate office of the
Trade Marks Registry is situated and if sent throug h post shall be deemed to have been paid at the
time when the money order or the properly addressed bank draft or cheque would be delivered in the
ordinary course of post.
(4) Bank drafts and cheques shall be crossed and made payable to the Registrar at the
appropriate office of the Trade Marks Registry and  these shall be drawn on a scheduled bank at the
place where the appropriate office of the Trade Marks Registry is situate.
(5) Subject to the provisions contained in sub-rule 19 of rule 25,where a fee is payable in
respect of filing of a document and where the document is filed without fee or with insufficient fee,
such document shall be deemed not to have not been filed for the purposes any proceedings under
these rules.
(6) The Registrar may, after informing the public in the Journal make available electronic fee
transfer facilities subject to guidelines and instructions as may be specified on that behalf.
12. Forms .  -  (1) The Forms set forth in the Second and the Third Schedules shall be used in all
cases to which they are applicable and may be modified as directed by the Registrar to meet other
cases.
(2) Any Form, when filed at the Trade Marks Registry, shall be accompanied by the
prescribed fee.
(3) A requirement under this rule to use a Form as set forth in the Schedules is satisfied by the
use either of a replica of that Form or of a Form which is acceptable to the Registrar and contains the
information  required by the Form as set forth and complies with any direction as   to the use of such a
Form.
(4) The Registrar may after informing the public in the Journal specify such Forms as are
required to be submitted in electronic mode.  Thereafter,  such Forms shall be completed in such a
manner as may be specified as to permit an automated input of the content into a computer, such as by
character recognition or scanning.
13. Size, etc of documents . - (1) Subject to any other directions that may be given by the
Registrar, all applications, notices statements, or other documents except trade marks, authorised or
required by the Act or the rules to be made, served, left or sent, at or to the Trade Marks Registry or
with or to the Registrar shall be neatly handwritten or typewritten or  lithographed or printed in Hindior in English in large and legible characters with deep permanent ink upon strong paper, and except in
the   case of affidavits, on one side only, and of  size of approximately 33 centimetres by 20
centimetres  and shall have on the left hand part thereof a margin of not less than 4 centimetres.IP/N/1/IND/T/2
Page 7
(2) Duplicate documents including copies of trade marks shall be filed at the Trade Marks
Registry if at any time required by the Registrar.
(3) The Registrar may after informing the publi c in the Journal alter the size, of  all
applications, notices, statements or other document and forms required under the rules to make itcompatible in electronic mode.
(4) The Registrar may after informing the public in the Journal permit the filing of
applications,  statements, notices or other documents by electronic mode subject to such guidelines
and instructions as he may specify in the Journal.
14. Signing of documents.  - (1) A document purporting to be signed by a partnership firm shall
be signed by at least one of the partners stating that he signs on behalf of the firm and a document
purporting to be signed by a director or by the secretary or other principal officer of the body
corporate. The capacity in which an individual signs a document on behalf of a partnership or a body
corporate shall be  stated below his signature.
(2) Signatures  to any documents shall be accompanied by the name of the signatory in  Hindi
or in capitals letters if signed in English.
15. Service of documents .- (1)All applications, notices, statements, papers having
representations affixed thereto, or other  documents authorised or required by the Act or the rules tobe made, served, left or sent, at or to the Trade Marks Registry or with or to the Registrar  or any other
person may be sent through the post by a prepaid letter.
(2) Any application or any document so sent shall be deemed to have been made, served, left
or sent at the time when the letter containing the same would be delivered in the ordinary course ofpost.
(3) In proving such sending it shall be sufficient to prove that the letter was properly
addressed and put into the post.
(4) After the filing of an application in the Trade Marks Registry, any person while making
any  correspondence relating thereto to the Registry  shall furnish the following particulars, namely:-
(a) The application number or numbers if any;
(b) The date and place of filing;
(c) The appropriate class or classes, as the case may be in relation to which the
application is filed;
(d) An address for communication; and
(e) The concerned agent's code, if any,  and the concerned proprietor's code if
allotted.
(5) The Registrar may after informing the public in the Journal permit  transmission of any
document by facsimile (fax) of specified documents not requiring payment of a fee.
(6) The Registrar may after informing the public in the Trade Marks Journal accept
communications of a routine nature through E-Mail not requiring the payment of a fee thereof.
16. Particulars of address etc. of applicants and other persons. -   (1) Names and addresses of
the applicants and other persons shall be given in full, together with their nationality, calling and such
other particulars as are necessary for identification.IP/N/1/IND/T/2
Page 8
(2) In the case of a firm the full name and nationality of every partner thereof shall be stated.
(3) In the case of an application from a convention country and persons having no principal
place of business in India, their addresses in their home country shall be given in addition to their
address for service in India.
(4) In the case of a body corporate or firm, the country of incorporation or the nature of
registration, if any, as the case may be, shall be given.
17. Statement of principal place of business in India in an application . -  (1) Every
application for registration of a trade mark shall state the principal place of business in India, if any,
of the applicant or in the case of  joint applicants, of such of the joint applicants as have a principalplace of business in India.
(2) Subject to the provisions of rules 18, 19 and 21, any written communication addressed to
an applicant, or in the case of joint applicants to a joint applicant, in connection with the registration
of a trade mark, at the address of his principal place of business in India given by him in theapplication shall be deemed to be properly addressed.
18. Address for service .  -  (1) An address for service in India shall be given –
(a) by every applicant for registration of a trade mark who has no  principal place of
business in India;
(b) in the case of joint applicants for registration of a trade mark, if none of them has a
principal place of business in India;
(c) by the proprietor of a trade mark who had his principal place of business in India at
the date of making the application for registration but has subsequently ceased tohave such place;
(d) by every applicant in any proceeding under the Act or the rules and every person
filing a notice of opposition, who does not have a principal place of business in India.
(e) by every person granted leave to intervene under rule 94
(2) Any written communication addressed to a person as aforesaid at an address for service in
India given by him shall be deemed to be properly addressed.
(3) Unless  an address for service in India as required in sub-rule (1) is given, the Registrar
shall be under no obligation  to send any notice that may be required by the Act or the rules and no
subsequent order or decision in the  proceedings shall be called in question on the ground of any lack
or non-service of notice.
19. Address for service in application and opposition proceedings  .-  An applicant for
registration of a trade mark or an opponent filing a notice of opposition may notwithstanding that he
has a principal place of business in India, if he so desires, may specifically request in writing, the
Registrar with an address in India to which communications in relation to the application oropposition proceedings only may be sent.  Such address of the applicant or the opponent shall be
deemed, unless subsequently cancelled, to be the actual address of the applicant or the opponent, as
the case may be, and all communications and documents in relation to the application or notice of
opposition may be served by leaving them at, or sending them by post to such address of the applicant
or the opponent, as the case may be.
20. Non-availability of an address for service . - The Registrar may, at any time when a doubt
arises as to the continued availability of an address for service in India entered in the register, requestIP/N/1/IND/T/2
Page 9
the person for whom it is entered, by letter directed to any other address entered in the register or if no
such address is entered in the register to the addr ess  at which the Registrar considers that the letter
would reach him, to confirm the address for service in India and if within two months of making such
a request the Registrar receives no such confirmation, he may strike the entry in the register of the
address for service in India and require such person to furnish a fresh address for service in India or
his address at the principal place of business in India, if he has any at that time.
21. Agency.  - (1) The authorisation of an agent for the purpose of  section 145 shall be executed
on Form TM-48  or in such other written form as the Registrar may deem sufficient and proper.
(2) In the case of such authorisation, service upon the agent of any document relating to the
proceeding or matter shall be deemed to be service upon the person so authorising him; all
communications directed to be made to such person in respect of  the proceeding or matter may beaddressed to such agent, and all appearances before Registrar relating thereto may be made by or
through such agent.
(3) In any particular case the Registrar may require the personal signature or presence of an
applicant, opponent, proprietor, registered user or other person.
22. Classification of goods or services . -  (1) For the purposes of the registration of trade marks,
goods and services shall be classified in the manner specified in the  Fourth Schedule.
    (2) The goods and services mentioned in the Fourth Schedule only provide a means by which
the general content of numbered international classes can be quickly identified. It corresponds to the
major content of each class and are not intended to be exhaustive in accordance with the International
Classification of goods and services.  For determining the classification of particular goods and
services and for full disclosure of the content of international classification , the applicant may refer to
the alphabetical index of goods and services, if any, published by the Registrar under section 8 or thecurrent edition of the International Classification of Goods and  Services for the purpose of
registration of trade mark published by the World Intellectual Property Organisation or subsequent
edition as may be published.
(3) The Registrar shall identify and include in the alphabetical index of classificaiton of goods
or services, as far as practicable, goods or services of Indian origin.
23. Preliminary advice by Registrar as to distinctiveness.  - (1)An application for preliminary
advice by the Registrar under sub-section (1) of Section 133  shall be made on Form TM-55 in respect
of any goods or services comprised within any one class in the Fourth Schedule, accompanied by
three representations of the trade mark.
(2) The advice referred to sub-rule (1) shall ordinarily be given within seven working
days of such filing of the application and such advice shall contain the reasons therefor.
24. Request to Registrar for search. -  (1) Any person may request  the Registrar, on Form TM-
54 to cause a search to be made in respect of  a trade mark relating to specified goods or servicesclassified in any one class in the Fourth Schedule to ascertain whether any trade mark is on record
which resembles  the trade mark in respect of which the request is made.  The Registrar shall cause
such search to be made and the result thereof communicated ordinarily to the person making the
request within thirty working days of the receipt of such request:
Provided, that the Registrar shall cause an expedited search report to be issued ordinarily
within seven working days on a request in Form TM-71 on payment of five times the ordinary fees
for such search.IP/N/1/IND/T/2
Page 10
(2) If, within three months from the date of communication of the result of the search
aforesaid, an application is made for the registration of the trade mark in question and the Registrar
takes objection on the ground that the trade mark resembles a trade mark, which was not disclosed in
the search but was on record on the last of the dates on which the search was made, the applicant shall
be entitled, on giving notice of withdrawal of the application within the period mentioned in rule 39,
to have repaid to him any fee paid on the filing of the application.
(3) Any person may request the Registrar, on Form TM-60  to cause a search to be made and
for issue of certificate under sub-section (1) of section 45 of Copyright Act, 1957 (14 of 1957) to the
effect that no trade mark identical with or deceptively similar to such artistic work, as sought to be
registered as copyright under the Copyright Act, 1957 (14 of 1957) has been registered as a trade
mark under the Trade  Marks Act, 1999(47 of 1999) in the name of, or that no application has been
made under that Act for such re-registration by any person other than the applicant. The certificatewill ordinarily be issued within thirty working days of the date of request:
Provided,  however, the Registrar may call for a statement of requirements from the applicant and if
the requirements are not complied within two months  from the date of such calling of the statement,
the request on Form TM-60  shall be treated as abandoned.
(4) The Registrar may cancel the certificate issued under sub-rule (3) after giving notice and
stating the grounds on which the Registrar proposes to cancel the certificate and after providing
reasonable opportunity of being heard.
(5) Subject to proviso to sub-rule 3 or sub-rule 4 above mentioned, the Registrar shall
ordinarily within seven working days issue an expedited certificate under sub-section (1) of section 45
of the Copyright Act, 1957 (14 of 1957) on a request received in Form TM-72  on payment of five
times the ordinary fee for such search.
(6) Before abandoning the request in Form TM-60  or TM-72 , as the case may be, for non-
compliance of the statement of requirements when ca lled for, the Registrar shall offer an opportunity
of  being heard in the matter.
CHAPTER II
PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION
25. Form and signing of application .  -  (1) An application to the Registrar for the registration
of a trade mark shall be signed by the applicant or his agent.
(2) An application to register a trade mark for a specification of goods or  services included in
any one class shall be made in Form TM-1.
(3) An application to register a trade mark under sub-section (2) of section 154 for a
specification of goods or services included in any one class from a convention country shall be made
in Form TM-2.
(4) A single application for the registration of a trade mark for different classes of goods or
services from convention country under sub-section (2) of section 154 shall be made in Form TM-52
(5) An application to register a textile trade mark(other than a collective mark or a
certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a
specification of goods  included in one item of the Fifth Schedule under rule 145 shall be made in
Form  TM-22.IP/N/1/IND/T/2
Page 11
(6)  An application for registration of a textile mark (other than a collective mark or a
certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a
specification of goods  included in one item of the Fifth Schedule under rule 145 from a convention
country under sub-section (2) of section 154 shall be made in Form  TM-45.
(7) (a) An application under section 63(1) to register a collective trade mark for a
specification goods or services in any one class shall be made in Form  TM-3.
            ( b )  An application under section 63(1) to register a collective trade mark for a
specification of goods or services in any one class from a convention country under sub-section (2) of
Section154 shall be made in Form  TM-64.
(8) (a) An application under section 71 to register a certification trade mark for a specification
of goods or services included in any one class shall be made in Form  TM-4.
      ( b )  An application under section 71 to register a certification trade mark for a
specification of goods or services in any one class from a convention country under sub-section (2) of
Section 154 shall be made in Form  TM-65.
(9) A single application for the registration of a trade mark for different classes of goods or
services shall be made in Form  TM-51.
(10) An application to register a series  trade marks under section 15 for a specification of
goods or services included in a class or for different classes shall be made in Form  TM-8.
(11) An application to register a series trade mark under section 15 for a specification of
goods or services included in a class or for different classes from a convention country under sub-
section (2) of section 154 shall be  made in Form TM-37.
 (12) An application for the registration of a trade mark, for goods or services shall –
a) explain with sufficient precision, a description by words, of the trade mark if
necessary ,to determine the right of the applicant;
b) be able to depict the graphical representation of the trade mark;
c) be considered as a three dimensional  trade mark only if the application contains a
statement to that effect.
d) be considered as a trade mark consisting of a combination of colours only if the
application contains a statement to that effect;
(13) An amendment to divide an application under proviso to section 22 shall be made in
Form TM-53.
(14) An application, not being a series trade mark shall be in respect of one trade mark only
for as many class or classes of goods or  services as may be made .
(15) In the case of an application for registration in respect of all the goods or services
included in a class or of a large variety of goods or services in a class, the Registrar may refuse to
accept the application unless he is satisfied that the specification is justified by the use of the mark
which the applicant has made or intends to make if and when it is registered.
(16) The specification of goods or services should not ordinarily exceed five hundred
characters for each class.  An excess space fee as prescribed in the First Schedule is payable with
each application in Form  TM-61.IP/N/1/IND/T/2
Page 12
(17) A single application for the registration of a collective mark-
(a) in different classes shall be made in Form  TM-66
(b)  in different classes from a convention country shall be made in Form TM-67.
(18) A single application for the registration of certification trade mark –
(a) in different classes shall be made in Form TM-68.
(b) in different classes from a  convention country shall be made in Form TM-69.
(19) Where an applicant files a single application for more classes than one and the
Registrar determines that the goods or services applied for fall in class or classes in addition to those
applied for, the applicant may restrict the specification of goods or services to the class applied for oramend the application to add  additional class or classes on payment of the appropriate class fee and
the divisional fee.  The new class created through a division retains the benefit of the original filing
date or in the case of an application from a convention country the convention application date under
sub-section (2) of Section 154  provided the claim was otherwise properly asserted in the initial
application.
26. Application under convention arrangement  . - (1) Where a right to priority is claimed by
reason of an application for registration of a trade mark duly filed in a convention country under
section 154 a certificate by the Registry or competent authority of that trade marks office shall be
included in an application for registration under sub-ru le (3), (4), (6), (7)(b), (8)(b), (11), (17)(b) or
(18)(b) of rule 25, as the case may be,  and it shall include the particulars of the mark, the country or
countries and the date or dates of filing of application and such other relevant particulars as may be
required by the Registrar..
(2) Unless such certificate has been filed at the time of the filing of the application for
registration, there shall be filed, within  two months of the filing of such application certifying or
verifying to the satisfaction of the Registrar, the date  of the filing of the application, the country, the
representation of the mark, and the goods or services covered by the application.
(3) The application shall include a statement indicating the date of filing in the convention
application, the name of the convention country where it was filed, the serial number, if any and a
statement  indicating that priority is claimed.
Provided that where the applicant files more priority claims than one under section 154 for
some or all the goods or services in respect of the same trade mark, the Registrar shall also take the
date of the earlier application in a convention country, as the priority date:
Provided further that such priority date shall only be in respect of all or some of the goods or
services referred to in the earlier convention application.
(4) Where a single application under sub-section (2) of section 18 is filed from a convention
country  for one or more classes of goods or services, the applicant shall establish a sufficient groundto the satisfaction of the Registrar for the date of filing of application in all such classes.
27. Statement of user in applications .- An application to register a trade mark shall, unless the
trade mark is proposed to be used, contain a statement of the period during which, and the person by
whom it has been used in respect of the goods or se rvices mentioned in the application. The Registrar
may require the applicant to file an affidavit testifyi ng to such user with exhibits showing the mark as
used.IP/N/1/IND/T/2
Page 13
28. Representation of mark .-  (1) Every application for the registration of a trade mark, and
where additional copies of the application are required every such copy, shall contain a representation
of the mark in the space (8cm x 8 cm)  provided on the application form for that purpose:
Provided that in any case the size of such representation shall not exceed 33 centimetres by 20
centimetres with a margin of 4 centimetres on the left hand side.
29 Additional representations .- (1) Every application for registration of a trade mark shall,
except as hereinafter provided, be made in triplicate and shall be accompanied by five additional
representations of the mark.  The representations of the mark on the application and each of its copies
and the additional representations shall correspond exactly with one another.  The additional
representations shall in all cases be noted with the specification and class of goods or services for
which registration is sought , the name and address of the applicant, together with the name andaddress of his agent, if any, the period of use, if any, and such other particulars  as may from time to
time be required by the Registrar and shall be signed by the applicant or his agent.
(2) Where an application contains a statement to the effect that the applicant wishes  to claim
combination of colours as a distinctive feature of the mark, the application shall be accompanied withone reproduction of the mark in  black and white  and four reproduction of the mark in colour.
(3) Where the application contains a statement to the effect that the trade mark is a three
dimensional mark, the reproduction of the mark shall consist of a two dimensional graphic or
photographic reproduction as follows, namely:-
(i) The reproduction furnished shall consist of three different view of the trade
mark;
(ii) Where, however,  the Registrar considers that the reproduction of the mark
furnished by the applicants does not sufficiently show the particulars of thethree dimensional mark, he may call upon  the applicant to furnish within two
months up to  five further different views of the mark and a description by
words of the mark;
(iii) Where the Registrar considers the different views and/or description of the
mark referred to in  clause (ii) still do not sufficiently show the particulars ofthe three dimensional mark, he may call upon the applicant to furnish a
specimen of the trade mark.
 (4)  (i)  Where an application for the registration of a trade mark consists of shape of goods or
its packaging, the reproduction furnished shall consist of at least five different views of the trade mark
and a description by word of the mark.
(ii) If  the Registrar considers  the different views and description of the mark in sub-
clause (i) still does not sufficiently show the particulars of the shape of goods or its packaging, he may
call upon the applicant to furnish a specimen of the goods or packaging as the case may be.
30. Representations to be durable and satisfactory.  - (1)All representations of trade marks
shall be of a durable nature, and each additional representation required to be filed with an applicationfor registration shall be mounted on a sheet of strong paper  of the  size of approximately 33
centimetres by 20 centimetres, leaving a margin of not less than 4 centimetres on the left hand part of
the sheet.
(2) If the Registrar is not satisfied with any representation of a mark he may at any time
require another representation satisfactory to him to be substituted before proceedings with the
application.IP/N/1/IND/T/2
Page 14
(3) Where representation of a trade mark cannot be given in the manner set forth hereinabove,
a specimen or copy of the trade mark may be sent either in full size or on a reduced scale and in such
form as the Registrar may think most convenient.
31. Series trade marks.  – (1)  Where an application is made for the registration of series trade
marks under sub-section (3) of section 15, copies of representation of each trade mark of the seriesshall accompany the application in the manner set forth in rules  28 and 29.
(2) An applicant claiming to be the proprietor of a series trade mark under sub-section (3) of
section 15 may apply to the Registrar on Form TM-8  or TM-37 , as the case may be, for its
registration as a series for one registration and there shall be included in each such application a
representation of the all trade marks in a class or in  each class claimed to be in the series.  The
Registrar shall, if satisfied that the marks constitutes a series proceed further with the applications.
(3) At any time before the publication of the application in the Journal, the applicant applying
under sub-rule (2) may request on Form TM-53,  for the division of the application into separate
application or applications, as the case may be,  in respect of one or more marks in that series and the
Registrar shall, if he is satisfied that the division requested conforms with sub-section(3) of section15, divide the application or applications accordingly.
(4) The division of an application into one or more applications under sub-rule (3) shall be on
the payment of  a divisional fee  and such class fees as are  appropriate.
32. Request for a search of a company name. -  Any person may, after the Registrar has
informed the public in the Journal permitting a request in Form TM-11 request the Registrar to cause
a search to be made and for issuance of a certificate pursuant to clause (ii) of sub-section (2) of
section 20 of the Companies Act, 1956 (1 of 1956) to the effect  that no trade mark identical with or
deceptively similar to the name of the company in  respect of which the request is made has been
registered as a trade mark or is pending under the Trade Marks Act, 1999 (47 of 1999)
33. Transliteration and translation . -  Where a trade mark contains a word or words in scripts
other than Hindi or English,  there shall be endorsed on the application form and the additional
representations thereof, a sufficient   transliteration and translation to the satisfaction of the Registrarof each such word in English or in Hindi and every such endorsement shall state the language to
which the word belongs and shall be signed by the applicant or his agent.
34. Names and representations of living persons or persons recently dead . - Where the name
or representation of any person appears on a trad e mark the applicant shall, if the Registrar so
requires, furnish him with the consent in writing of such person in case he is living or, in case his
death took place within twenty years prior to the da te of the application for registration of the trade
mark, of his legal representative, as the case may be, to the use of the name or representation and in
default of such consent the Registrar may refuse to proceed with the application for registration of the
trade mark.
35. Name or description of goods or services on a trade mark  . - (1) Where the name or
description of any goods or services appears on a trade mark, the Registrar may refuse to register such
mark in respect of any goods or services other than the goods or services so named or described.
(2) Where the name or description of any goods or services appear on a trade mark, which
name or description in use varies, the Registrar may permit the registration of the trade mark for thoseand other goods or services on the applicant giving an undertaking that the name or description will
be varied when the trade mark is used upon goods or services covered by the specification other thanIP/N/1/IND/T/2
Page 15
the named or described goods or services.  The undertaking so given shall be included in the
advertisement of the application in the Journal under section 20.
36. Deficiencies. –  Subject to sub-rule (2) of rule 11, where an application for registration of a
trade mark does not satisfy the  requirement of any of the provisions of the Act or rules, the Registrar
shall send notice thereof to the applicant to remedy the deficiencies and if within one month of thedate of the notice the applicant fails to remedy any deficiency so notified to him, the application shall
be treated as abandoned.
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A TRADE
MARK
37. Acknowledgement and Search .– (1) Every application for the registration of a trade mark in
respect of any goods or services shall on receipt, be acknowledged by the Registrar. The
acknowledgement shall be by way of return of one of the additional representations of the trade mark
filed by the applicant along with his application, with the official number of the application dulyentered thereon.
 (2)  Upon receipt of the application for registration of trade mark, the Registrar shall cause a
search to be made amongst the registered trade marks and amongst the pending applications for the
purpose of ascertaining whether there are on record in respect of the same goods or services or similargoods or services any mark identical with or deceptively similar to the mark sought to be registered
and the Registrar may cause the search to be renewed at any time before the acceptance of the
application but shall not be bound to do so.
38.  Expedited examination, objection to acceptance, hearing.- (1) After the receipt of the
official number of an application under sub-rule (1) of rule 37 an applicant may request  for
expedited examination of an application for the registration of a trade mark in Form TM-63  together
with a declaration stating the reason for the request, on payment of five times the application fee.
(2) If the Registrar is satisfied on the basis of declaration filed under sub-rule(1) that an
expedited examination of the application is warranted, he shall cause the expedited examination of
such application in the order in which the requests are filed and may ordinarily issue the examination
report within three months of the date of such request.
(3) Where the Registrar declines the request under sub-rule (1), the applicant shall be entitled
to have the fee refunded:
Provided that before declining any such request, th e Registrar shall provide the applicant an
opportunity of being heard.
(4) If, on consideration of an application for registration of a trade mark or on an application
for an expedited examination of an application referred to in sub-rule(1) and any evidence of use or of
distinctiveness or of any other matter which the applicant may or may be required to furnish, theRegistrar has any objection to the acceptance of the application or proposes to accept it subject to such
conditions, amendments, modifications or limitations as he may think right to impose under sub-
section (4) of section 18, , the Registrar shall communicate such objection or proposal in writing to
the applicant.
(5) If within one month from the date of communication mentioned in sub-rule (4),  the
applicant fails to comply with any such proposa l or fails to submit his comments regarding anyIP/N/1/IND/T/2
Page 16
objection or proposal to the Registrar or apply for a hearing or fails to attend the hearing, the
application shall be deemed to have been abandoned.
39. Notice of withdrawal of application for registration. - A notice of withdrawal of an
application for the registration of a trade mark under sub-section 2 of section 133, or sub-rule (2) of
rule 24, for the purpose of obtaining repayment of an y fee paid on the filing of the  application, shall
be given in writing within one month from the date of the communication mentioned in sub-rule (4) of
rule 38.
40. Decision of Registrar . -  (1) The decision of the Registrar under rule 38 or rule 42 after a
hearing or without a hearing if the applicant has duly communicated his observations in writing and
has stated that he does not desire to be heard, shall be communicated to the applicant in writing and if
the applicant intends to appeal from such decision he may within thirty days from the date of suchcommunication apply on Form TM-15  to the Registrar requiring him to state in writing the grounds
of, and the materials used by him in arriving at, his decision.
(2) In a case where the Registrar makes any requirements to which the applicant does not
object the applicant shall comply therewith before  the Registrar issues a statement in writing under
sub-rule (1).
(3) The date when the statement in writing under sub-rule (1) is received shall be deemed to
be the date of the Registrar's decision for the purpose of appeal.
41. Correction and amendment of application . -  An applicant for registration of a trade mark
may, whether before or after acceptance of his application but before the registration of the mark,
apply on Form TM-16 _accompanied by the prescribed fee for the correction of any error in or in
connection with his application or any amendment of his application:
Provided, however, no such amendment shall be permitted which shall have the effect of
substantially altering the trade mark applied or substitute a new specification of goods or services not
included in the  application as filed.
42.  Withdrawal of acceptance by the Registrar  . -  (1) If, after the acceptance of an application
but before the registration of the trade mark, the Registrar has any objection to the acceptance of the
application on the ground that it was accepted in error, or that the mark ought not to have been
accepted in the circumstances of the case, or proposes that the mark should be registered only subject
to conditions, limitations, divisions or to conditions additional to or different from the conditions, or
limitations,  subject to which the application has been accepted, the Registrar shall communicate such
objection in writing to the applicant.
(2) Unless within thirty days from the date of  the communication mentioned in sub-rule (1)
the applicant amends his application to comply with the requirements of the Registrar or applies for a
hearing , the acceptance of the application shall be deemed to be withdrawn by the Registrar, and the
application shall proceed as if it had not been accepted.
(3) Where the applicant intimates the Registrar within the period mentioned in sub-rule (2)
that he desires to be heard, the Registrar shall give notice to the applicant of a date when he will hear
him.  Such appointment shall be for a date at least 15 days after the date of the notice, unless the
applicant consents to a shorter notice.  The applicant may state that he does not desire to be heard and
submit such submissions, as he may consider desirable.
(4) The Registrar may, after hearing the applicant, on considering the submissions, if any, of
the applicant, pass such orders as he may deem fit.IP/N/1/IND/T/2
Page 17
ADVERTISEMENT OF APPLICATION
43. Manner of Advertisement . - (1) Every application for the registration of a trade mark
required to be advertised by sub-section (1) of section 20 or to be re-advertised by sub-Section (2) ofthat section shall be advertised in the Journal ordinarily within six months of the acceptance of an
application for registration or after the expiry of the period referred to sub-section (2) of section 154
whichever is later.
(2) Where a trade mark applied is other than a word, the Registrar may call upon the applicant
to furnish a camera ready copy of the trade mark orde red to be advertised to scan electronically into a
Desk Top publishing package.
(3) The Registrar may after informing the public in  the Journal, put the applications published
in the Journal on the internet, web site or any other electronic media.
(4)  The Registrar may after informing the public in the Journal make available the Journal in
CD-ROM on payment of the cost thereof.   
44. Advertisement of series . –   Where an application relates to a series trade marks differing
from one another in respect of the particulars mentioned in sub-section (3) of section 15,   the
Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the
manner in which the several trade marks differ from one another.
45. Notification of correction or amendment of application.  -  In the case of an application to
which clause (b) of sub-section  (2) of section 20 applies, the Registrar may, if he so decides, instead
of causing the application to be advertised again, insert in the Journal a notification setting out thenumber of the application, the class or classes in which it was made, the name and address of the
principal place of business in India, if any, of the applicant or where the applicant has no principal
place of business in India his address for service in India, the Journal number in which it was
advertised and the correction or amendment made in the application.
46. Request to Registrar for particulars of advertisement of a mark . -  Any person may
request the Registrar on Form TM-58  to be informed of the number, and  of the Journal in which a
trade mark which is sought to be  registered specified in the Form was advertised and the Registrar
shall furnish such particulars to the person making the request.
OPPOSITION TO REGISTRATION
47. Notice of Opposition.-(1)  A notice of opposition to the registration of a trade mark under
sub-section (1) of section 21 shall be given in triplicate on Form TM-5  within three months or within
such further period not exceeding one month in the aggregate from the date of the Journal is made
available to the public (which date shall be certified by the Registrar as such).  The notice shallinclude a statement of the grounds upon which the opponent objects to the registration.  If the
registration is opposed on the ground that the trade marks in question resembles trade marks already
on the register, the registration numbers of such trade marks and the dates of the Journals in which
they have been advertised shall be set out.IP/N/1/IND/T/2
Page 18
(2) Where a notice of opposition has been filed in respect of a single application for the
registration of a trade mark, it shall bear the fee in respect of each class in relation to which the
opposition is filed in Form TM-5
(3) Where an opposition is filed only for a particular class or classes in respect of a single
application made under sub-section (2) of section 18, the application for remaining class or classesshall not proceed to registration until a request in Form TM-53  for division of the application together
with the divisional fee is made by the applicant.
(4)Where in respect of a single application for the registration of a trade mark no notice of
opposition is filed in a class or classes, the application in respect of such class or classes shall, subject
to section 19 and sub-section (1) of section 23, proceed to registration after the division of the
application in the class or classes in respect of which an opposition is pending.
(5) All notices of  opposition to the registration of a trade mark for goods or services received
in respect of  a particular journal shall be published in the  Journal:
Provided  that nothing in this sub-rule shall be co nstrued to presume that all remaining trade
marks from a particular journal so notified shall automatically proceed to registration.
(6)An application for an extension of the period within which a notice of opposition to the
registration of a trade mark may be given under sub-section (1) of section 21, shall be made on Form
TM-44  accompanied by the fee prescribed  in First Schedule before the expiry of the period of three
months under sub-section (1) of Section 21.
(7)A copy of notice of opposition shall be ordinarily served by the Registrar to the applicants
within  three  months of the receipt of the same by the appropriate office.
48. Requirements of   Notice of Opposition  -(1) A notice of opposition shall contain:-
a) in respect of an  application against which opposition is entered –
(i) the application  number against which opposition is entered.
(ii) an indication of the goods or services listed in the trade mark application against
which opposition is entered; and
(iii) the name of the applicant for the trade mark.
b) in respect of the  earlier mark or the earl ier right on which the opposition is based –
(i) Where the opposition is based on an earlier mark, a statement to that effect and an
indication of the status of earlier mark;
(ii) Where available, the application number or registration number and the filing date,
including the priority date of the earlier mark;
(iii) Where the opposition is based on an earlier mark which is alleged to be a well-known
mark within the meaning of sub-section 2 of section 11, an indication to that effect
and an indication of the country or countries in which the earlier mark is recognisedto be well known;
(iv) where the opposition is based on an earlier trade mark having a reputation within the
meaning  of paragraph (b) of sub-clause (2) of section 11 of the Act, an indication to
that effect and an indication of whether the earlier mark is registered or applied for;
(v) a representation of the mark of the opponent and where appropriate, a description of
the  mark or earlier right; and
(vi) Where the goods or services in respect of which earlier mark has been registered or
applied for or in respect of which the earlier mark is well known within the meaningIP/N/1/IND/T/2
Page 19
of Sub-section (2) of Section 11 or has a reputation within the meaning of  that
section the opponent shall when indicating all the goods or  services for which the
earlier mark is protected, also indicate those goods or services on which the
opposition is based.
c) in respect of the   opposing party –
(i) where the opposition  is entered by the proprietor of the earlier mark or of the earlier
right, his name and address and an indication that he is the proprietor of such mark or
right;
(ii)  where opposition is entered by a licensee not being a registered user,  the name of the
licensee and his address  and an indication that he has been authorised to enter the
opposition;
(iii)  where the opposition  is entered by the successor in title to the registered proprietor of
a trade mark who has not yet been registered as new proprietor, an indication to that
effect, the name and address of the opposing party  and an indication of the date on
which the application for registration of the new proprietor was received by the
appropriate office or, where this information is not available, was sent to theappropriate office; and
(iv) where the opposing party has  no place of business in India, the name of the
opponents and his address for service in India.
d) The grounds on which the opposition is based.
2) A notice of opposition shall be verified at the foot by the opponent or by some other person
who is acquainted with the facts  of the case.
3) the person verifying shall state specifically by reference to the numbered paragraphs of the
notice of opposition, what he verifies of his own knowledge and what he verifies upon information
received and believed to be true.
4) the verification shall be signed by the person making it and shall state the date on which
and the place at which it was signed.
49. Counterstatement.- (1)  The counterstatement required by sub-section (2) of section 21 shall
be sent in triplicate on Form TM-6  within two months from the receipt by the  applicant of the copy
of the notice of opposition from the Registrar and shall set out what facts, if any, alleged in the notice
of opposition, are admitted by the applicant. A copy of the counterstatement shall be ordinarily served
by the Registrar to the opponent within two months from the date of receipt of the same.
(2) The counterstatement shall be verified in the same manner as the notice of opposition as
stated in clause (e)(i) of rule 48.
50. Evidence in support of opposition.-  (1) Within  two months from services on him of a copy
of the counterstatement or within such further period not exceeding one month in the aggregatethereafter as the Registrar may on request allow,  the opponent shall either leave with the Registrar,
such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall
intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in
support of his opposition but intends to rely on the facts stated in the notice of opposition.  He shall
deliver to the applicant copies of any evidence  th at he leaves with the Registrar under this sub-rule
and intimate the Registrar in writing of such delivery.IP/N/1/IND/T/2
Page 20
(2) If an opponent takes no action under sub-rule (1) within the time mentioned therein, he
shall be deemed to have abandoned his opposition.
(3) An application for the extension of the period of one month mentioned in sub-rule (1)
shall be made in Form TM-56  accompanied by the prescribed fee before the expiry of the period of
two months mentioned therein.
51. Evidence in support of application.- (1) Within two months or within such further period
not exceeding one month in the aggregate thereafter as the Registrar may on request allow, on the
receipt  by the applicant of the copies of affidavits in support of opposition or of the intimation that
the opponent does not desire to adduce any evidence in support of his opposition, the applicant shall
leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his
application and shall deliver to the opponent copies thereof or shall  intimate to the Registrar and theopponent that he does not desire to adduce any evidence but intends to rely on the facts stated in the
counterstatement and or on the evidence already left by him in connection with the application in
question.  In case the applicant relies on any evidence already left by him in connection with the
application, he shall deliver to the opponent copies thereof.
(2) An application for the extension of the period of one month mentioned in sub-rule (1)
shall be made in Form TM-56  accompanied by the prescribed fee before the expiry of the period of
two months mentioned therein.
52. Evidence in reply by opponent.- Within one month from the receipt by the opponent of the
copies of the applicant's affidavit or within such further period  not exceeding one month in the
aggregate thereafter as the Registrar may on request in Form TM-56 allow, the opponent may leave
with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies thereof.  This
evidence shall be confined to matters strictly in reply.
53. Further evidence.- No further evidence shall be left on either side, but in any proceedings
before the Registrar, he may at any time, if he thin ks fit, give leave to either the applicant or the
opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.
54. Exhibits.- Where there are exhibits to affidavits filed in an opposition a copy  or impression
of each exhibit shall be sent to the other party  on his request and at his expense, or, if such copies or
impression cannot conveniently be furnished, the originals shall be left with the Registrar in order that
they may be open to inspection.  The original exhibits shall be produced at the hearing unless the
Registrar otherwise directs.
55. Translation of documents. - Where a document is  in a language other than Hindi or English
and is referred to in the notice of opposition , counterstatement or an affidavit filed in an oppositionproceeding, an attested translation thereof in Hindi or English shall be furnished in duplicate.
56. Hearing and decision.-  (1) Upon  completion of the evidence if any, the Registrar  shall give
notice to the parties of the first date of hearing.  Such notice shall be ordinarily given within three
months of completion of the evidence.  The date of hearing shall be for a date at least one month afterthe date of the first notice. Within fourteen days  from the receipt of the first notice, any party who
intends to appear shall so notify the Registrar on Form TM-7.   Any party  who does not so notify the
Registrar within the time as aforesaid may be treated as not desiring to be heard and the Registrar may
act accordingly in the matter.
(2) If sufficient cause for adjournment is not shown by either of the parties the Registrar may
proceed with the matter forthwith.IP/N/1/IND/T/2
Page 21
(3) If   the applicant is not present at the adjourned date of hearing and has not notified his
intention to attend the hearing in Form TM-7, the application may be treated as abandoned.
(4) If the opponent is not present at the adjourned date of hearing and has not notified his
intention to attend the hearing in Form TM-7, the opposition may be dismissed for want of
prosecution and the application may proceed to registration subject to Section 19.
(5) In every case of adjournment the Registrar  shall fix a day for further hearing of the case
and shall make such order as to cost occasioned by the adjournment  or such higher costs as the
Registrar deems fit.
(6) The fact that the agent or advocate on record of a party is engaged in another court, shall
not be a ground for adjournment.
(7) Where illness of legal practitioner or an agent or his inability to conduct the case for any
reason is put forward as a ground for adjournment, the Registrar may refuse to grant grant the
adjournment unless it is satisfied that the legal practitioner or an agent, as the case may be, could not
have engaged another agent or  legal practitioner in time.
(8) The Registrar shall take on record written arguments if submitted by a party to the
proceeding.
(9) The decision of the Registrar shall be  notified to the parties in writing.
57. Security for costs.- The security for costs which the Registrar may require under sub-section
(6) of section  21 may be fixed at any amount whic h he may consider proper, and such amount may be
further enhanced by him at any stage in the opposition proceedings.
NOTICE OF NON-COMPLETION OF REGISTRATION
58. Procedure for giving notice .-The notice which the Registrar is required by sub-section(3) of
section  23 to give to an applicant, shall be sent on Form O-1 to the applicant at the address of hisprincipal place of business in India or if  he has no principal place of business in India at the address
for service in India stated in the application but if the applicant has authorised an agent for the
purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant.
The notice shall specify twenty one days time from the date thereof or such further time not exceeding
one month as the Registrar may allow  on a  request made  in   form  TM-56 for completion of the
registration.
REGISTRATION
59. Entry in the Register.-  (1) Where no notice of opposition to an application advertised or re-
advertised in the Journal is filed within the  period specified in sub-section (1) of section 21, or where
an opposition is filed and it is dismissed, the Registrar shall, subject to the provisions of sub-
section (1) of section 23 or section 19, enter the trade mark on the register.
(2) The entry of a trade mark in the register shall specify the date of filing of application, the
actual date of the registration, the goods or services and the class or classes  in respect of which it is
registered, and all particulars required by sub-section (1) of section 6 including –IP/N/1/IND/T/2
Page 22
(a)  the address of the principal place of business in India, if any, of the proprietor of the
trade mark or in the case of a jointly owned trade mark, of such of the joint
proprietors of the trade mark as have a principal place of business in India.
(b) where the proprietor of the trade mark has no place of business in India his address
for service in India as entered in the application for registration  together with hisaddress in his home country.
(c) in the case of a jointly owned trade mark, where none of the joint proprietors has a
principal place of business in India, the address for service in India as given in the
application together with the address of each of the joint proprietors in his home
country.
(d) the particulars of the trade, business, profession, occupation or other description of
the proprietor or, in the case of a jointly owned trade mark, of the joint proprietors ofthe trade mark as entered in the application for registration.
(e) the particulars affecting the scope of the registration or the rights conferred by the
registration,
(f) The convention application date (if any), to be accorded pursuant to an application
from applicants of a convention country  made under section 154.
(g) where the mark is a collective or certification mark, that fact;
(h) Where the mark is registered pursuant to sub-section 4 of section 11 with the consent
of the proprietor of an earlier trade mark or other earlier right, that fact; and.
(i) the appropriate office of the Trade Marks Registry in relation to the trade mark.
(3) The Registrar may from time to time, in co nsultation with computer experts, formulate
guidelines for keeping official records in electronic form.
60. Associated marks .- (1) Where a trade mark is registered as associated with any other marks,
the Registrar shall note in the register in connection with the first mentioned mark the registrationnumbers of the marks with which it is associated an d shall also note in the register in connection with
each of the associated marks the registration number of the first mentioned mark as being a mark
associated therewith.
(2) An application under sub-section (5) of  section 16 to dissolve the association as respects
any of the trade marks registered as associated trade marks shall be made in Form  TM-14  and shall
include statement of the grounds of the application.
61. Death of applicant before registration.- In case of death of any applicant for the registration
of a trade mark after the date of his application and before the trade mark has been entered in the
register, the Registrar may, on proof of the applicant's death and on proof of the transmission of the
interest of the deceased person, substitute in the application his successor in interest in place of thename of such deceased applicant and the application may proceed thereafter as so amended.
62. Certificate of registration.-  (1) The certificate of registration of a trade mark to be issued by
the Registrar under sub-section (2) of section  23 shall be on Form O-2. with such modification as the
circumstances of any case may require, and the Registrar shall annex a copy of the trade mark to thecertificate.
(2) The certificate of registration referred to in sub-rule (1) shall not be used in legal
proceedings or for obtaining registration abroad.
(3) The Registrar may issue a duplicate or further copies of the certificate of registration on
request by the registered proprietor on Form TM-59   accompanied by the prescribed fee.  AnIP/N/1/IND/T/2
Page 23
unmounted representation of the mark exactly as shown in the form of application for registration
thereof at the time of registration shall accompany such request.
CHAPTER III
RENEWAL OF REGISTRATION AND RESTORATION
63. Renewal of registration.-  (1) An application for the renewal of the registration of a trade
mark shall be made on Form TM-12 and may be made at any time not more than six  months before
the expiration of the last registration of the trade mark.
(2) Such  application for renewal must be filed by the person who is the proprietor of the
registered trade mark or his agent.
(3) If the proprietor, as set forth in the application for renewal is not the same person or the
same legal entity as the registered proprietor, continuity of  title from the registered proprietor inwhose name the last renewal was effected to the pr esent owner must be shown in the first instance by
way of affidavit along with supporting chain of documents.
(4) The Registrar may accept an application for renewal from the managing trustee, executors,
administrators and the like, when supported by court order or other evidence of  authority to act onbehalf of the present proprietor. 
64. Notice before removal of trade mark from register  -(1) At a date not less than  one month
and not more than three  months before the expiration of the last registration of a trade mark, if no
application on Form TM-12  for renewal of the registration together with the prescribed fee has been
received, the Registrar shall notify the registered proprietor or in the case of a jointly registered trade
mark each of the joint registered proprietors and each registered user, if any, in writing on Form O-3
of the approaching expiration at the address of their respective principal places of business in India as
entered in the register or where such registered proprietor or registered user has no principal place of
business in India at his address for service in India entered in the Register.
(2) Where, in the case of a mark the registration of which (by reference to the date of
application for registration) becomes due for renewal,  the mark is registered at any time within six
months before the date on which renewal is due, the registration may be renewed by the payment of
the renewal fee within six months after the actual date of registration and where the renewal fee is not
paid within that period the Registrar shall subject to rule 66, remove the mark from the register.
(3) Where, in the case of a mark the registration of which (by reference to the date of
application for registration) becomes due for renewal, the mark is registered after the date of renewal,
the registration may be renewed by the payment of the renewal fee within six months of the actual
date of registration and where the renewal fee is not paid within that period the Registrar shall, subject
to rule 66, remove the mark from the register.
(4) The renewal of registration of a collective mark or a  certification trade mark shall be in
Form TM-12  along with the prescribed fee specified in the First Schedule.
65. Advertisement of removal of trade mark from the register.- If  at the expiration of last
registration of a trade mark, the renewal fees has not been paid, the Registrar may remove the trade
mark from the register and advertise the fact forthwith in the Journal:IP/N/1/IND/T/2
Page 24
Provided  that the Registrar shall not remove the trad e mark from the register if an application
for  payment of surcharge is made under proviso to sub-section(3) of section 25 in Form TM-10
within six months from the expiration of the last registration of the trade mark.
66. Restoration and renewal of registration.- An application for the restoration of a trade
mark to the register and renewal of its registration under sub-section (4) of section 25, shall be madein Form TM-13   after six months and  within one year from the expiration of the last registration of
the trade mark accompanied by the prescribed fee.  The Registrar shall, while considering the request
for such restoration and renewal have regard to the interest of other affected persons.
67. Notice and advertisement of renewal and restoration.- Upon the renewal or restoration and
renewal of registration, a notice to that effect shall be sent to the registered proprietor and every
registered user and the renewal or restoration and renewal shall be advertised in the  Journal.
CHAPTER IV
ASSIGNMENT  AND
 TRANSMISSION
68. Application for entry of assignment or transmission.- An application to register the title of
a person who becomes entitled by assignment or transmission to a registered trade mark shall be made
on Form TM-24    o r  TM-23  according as it is made by such person alone or conjointly with the
registered proprietor.
69. Particulars to be stated in application.- An application under rule 68 shall contain full
particulars of the instrument, if any, under which the applicant, or, in the case of a joint application,
the person other than the registered proprietor claims to be entitled to the trade mark and such
instrument or a duly certified copy thereof shall be produced at the Trade Marks Registry forinspection at the time of application.  The Registrar may require and retain an attested copy of any
instrument produced for inspection in proof of title.
70. Case accompanying application.- Where a person applying under rule 68 for registration of
his title, does not establish his claim under any document or instrument which is capable in itself offurnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the
application, state a case setting forth the full particulars of the facts upon which his claim to be
proprietor of the trade mark is based, and showing that the trade mark has been assigned or
transmitted to him.  If the Registrar so requires, the case shall be verified by an affidavit on Form
TM-18
71. Proof of title.- The Registrar may call upon any person who applies to be registered as
proprietor of a registered trade mark  to furnish such proof or additional proof of title as he may
require for his satisfaction.
72. Impounding of Instruments.- If in the opinion of the Registrar any instrument produced in
proof of title of a person is not properly or sufficiently stamped, the Registrar shall impound and dealwith it in the manner provided by Chapter IV of the Indian Stamp Act, 1899.(2 of 1899)
73.  Assignments involving transmissi on of moneys outside India - If there is in force any law
regulating the transmission of moneys outside India, the Registrar shall not register the title of a
person who becomes entitled to a trade mark by an assignment which involves such transmissionexcept on production of the permission of the authority specified in such law for such transmission.IP/N/1/IND/T/2
Page 25
74. Application for Registrar's direction as to advertisement of an assignment of a trade
mark without goodwill of the business.-  (1) An application for directions under section  42 shall be
made on Form TM-20  and shall state the date on which the assignment was made.  The application
shall give particulars of the registration in the case of a registered trade mark, and in the case of an
unregistered mark shall show the mark and give particulars including user of the  unregistered trademark that has been assigned therewith.   The Registrar may call for any evidence or further
information and if he is satisfied with regard to the various  matters he shall issue directions in writing
with respect to the advertisement of the assignment.
(2) The Registrar may refuse to consider such an application in a case to which section 41
applies, unless his approval has been obtained under the said section and a reference identifying the
Registrar's notification of approval is included in the application.
(3) A request for an extension of the period within which the application mentioned in sub-
rule (1) shall be made shall be on Form TM-21.
75. Application for entry of assignment without goodwill.- An application under rule 68
relating to an assignment of a trade mark in respect of any goods or services shall state –
(a) whether the trade mark had been or was used in the business in any of those goods or
services, and
(b) whether the assignment was made otherwise than in connection with the goodwill of
that business,
and if both those circumstances subsisted, then the applicant shall leave at the Trade Marks
Registry a copy of the directions to advert ise the assignment, obtained upon application under
rule 74, and such proof, including copies of advertisements or otherwise, as the Registrar may
require, to show that his directions have been fulfilled and if the Registrar is not satisfied thatthe directions have been fulfilled, he shall not proceed with the application.
76. Separate registration.- Where pursuant to an application under rule 68, and as the result of a
division and separation of the goods or services of a registration or a division and separation of places
or markets, different persons become registered separately under the same registration number assubsequent proprietors of a trade mark, each of the resulting separate registrations in the names of
those different persons shall be deemed to be a separate registration for all the purposes of the Act.
77. Registrar's certificate or approval as to certain assignment and transmissions.- Any
person who desires to obtain the Registrar's certificate under sub-section 2 of section 40 or his
notification of  approval under section 41  shall send to the Registrar with his application on Form
TM-17  or Form TM-19,  as the case may be, a statement of case in duplicate setting out the
circumstances and a copy of any instrument or proposed instrument effecting the assignment or
transmission.  The Registrar may call for any eviden ce or further information that he may consider
necessary and the statement of case shall be amended if required to include all the relevant
circumstances  and shall, if required, be verified by an affidavit.  The Registrar, after hearing (if so
required) the applicant and any other person whom the Registrar may consider to be interested in thetransfer, shall consider the matter and issue a certificate thereon or a notification in writing of
approval or disapproval thereof, as the case may be, to the applicant and shall also inform such other
person accordingly.  Where a statement of case is amended, three copies thereof  in its final form shall
be left at the Trade Marks Registry.   The Registrar shall seal a copy of the statement of case in its
final form to the certificate or notification.IP/N/1/IND/T/2
Page 26
78. Entry in register, of particulars of assignment.- Where the Registrar has allowed the
assignment of a trade mark under this Act, there shall be entered in the register the following
particulars of assignment, namely:
(i) the name and address of the assignee;
(ii) the date of the assignment;
(iii) where the assignment is in respect of any right in the mark, a description of
the right assigned;
(iv) the basis under which the assignment is made; and
(v) the date on which the entry is made in the register
79. Registration of assignment to a company under  section 46.- For the purposes of sub-
section  (4) of section  46, the period within which a company may be registered as the subsequentproprietor of a registered trade mark upon application made under rule 68 shall be six months from
the date of advertisement in the Journal of the regi stration of the trade mark or such further period not
exceeding six months as the Registrar may allow on application being made on Form TM-25  by the
applicant for registration of title or the registered proprietor, as the case may be, at any time before or
during the period for which the extension can be allowed.
  CHAPTER V
REGISTERED USERS
80. Application for registration as registered user.-  (1) An application to the Registrar for the
registration under section  49, of a person as a registered user of a registered trade mark, shall be made
jointly by that person and the registered proprietor of the trade mark in Form TM-28  and shall be
accompanied by the following document-
(a) the agreement in writing or a duly authenticated copy thereof, entered into between
the registered proprietor and the proposed registered user with respect to the
permitted use of the trade mark;
(b) the documents and correspondence, if any mentioned in the agreement referred to in
clause (a) entered into between the registered proprietor and the proposed registered
user with respect to the permitted use of the trade mark or duly authenticated copies
thereof.
(2) There shall be filed along with the application, an affidavit by the registered
proprietor or by some person authorised,  to the satisfaction of the Registrar,  to act on his behalftestifying to the genuineness of the documents accompanying the application and containing:
(a) the particulars and statements required by clause (b) of sub-section (1) of section 49;
(b) the precise relationship between the registered proprietor and the proposed registered
user, if any;  for instance, whether their relationship is as  principal and subsidiarycompany or whether there is common control between their business;
(c) a statement as to the goods or services in which  the registered proprietor is dealing,
together with details as to whether the trade mark which is the subject of the
application has been used by him in the course of trade before the date of the
application and if so the amount and duration of such user;IP/N/1/IND/T/2
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(3) The registered proprietor and the proposed registered user shall also produce and file
such other documents and furnish such other evidence and information  as may be required in that
behalf by the Registrar.
(4) No application shall be entertained unless the same has been filed within six months from
the date of  the agreement  referred  to in clause (a)of sub-rule (1).
(5) Notwithstanding anything contained in sub-rule (1), where more than one application for
registration as registered user is made by the same registered proprietor and the same  proposed
registered user in respect of trade marks covered by the same  agreement, the documents mentioned in
sub-rule (1) may be filed with any one of the applications and a cross reference to such documents
given in the other application or applications.
81. Particulars to be stated in the agreement.- The agreement referred to in clause (a) of sub-
rule (1) of  rule 80 shall-
(a) set out the particulars specified in sub-clause (i) to (iv) of  clause (b) of  sub-
section (1) of section  49;
(b) disclose the terms as to royalty and other remuneration payable to the registered
proprietor by the proposed registered user for the permitted use of the trade mark;
(c)  provide means for bringing the permitted use to an end when the relationship
between the parties or the control by the registered proprietor over the permitted use
ceases; and
(d) contain a condition that when the registered trade mark is used by the proposed
registered user in relation to his goods or services, other than goods or services for
export, the mark shall be so described as clearly to indicate that it is being used only
by way of permitted use.
82. Consideration by the Registrar.- The Registrar under sub-section (2) of section 49, shall, if
satisfied that the application and  the accompanying documents comply with the relevant provisions
of the Act and the rules, and the matters specified in sub-clause (i) to(iv) of  clause (b) of sub-section
1 of section  49,  register the proposed registered user in respect of the goods or services as to which he
is so satisfied.
83. Hearing before refusing an application or to accept it conditionally. -    (1)  The Registrar
shall give a notice in writing to the applicants wh ere he proposes to accept the application subject to
any conditions, restrictions or limitations.  The notice shall state the grounds on which the Registrar
proposes to issue such orders and shall inform the applicants that they are entitled to be heard.
(2) Unless within one month  from the receipt of the notice mentioned in sub-rule (1) the
registered proprietor and the proposed registered user apply for a hearing, the Registrar may refuse the
application or to accept it conditionally, as the case may be.
(3) If the registered proprietor and the proposed registered user apply for a hearing the
Registrar shall appoint a time for the hearing within two months and shall give them not less than amonth's notice of the time so appointed.
(4) After hearing the registered proprietor and the proposed registered user, the Registrar shall
decide whether to accept the application or to refuse it or to accept it conditionally.
(5) The Registrar shall, communicate in writing his order on the application to the applicants
and to other registered users of the mark, if any.IP/N/1/IND/T/2
Page 28
84. Entry in the register.- (1)  Where the Registrar under sub-section (2) of  section 49 accepts
an application for registration as registered user, he shall register the proposed registered user as
registered user.
(2) The entry of a registered user in the register shall state the date on which the application
for registration of registered user was made, which date shall be deemed to be the date of registration
as registered user of the person mentioned in the entry.  The entry shall also state, in addition to the
particulars and statements mentioned in para (i) to (iv) of sub-clause (b) of clause (1) of section  49,
the name, description and principal place of business in India of the registered user and  if he does not
carry on business in India his address for service in India.
85. Registration not to imply authorisation to transmit money outside India. - The
registration as registered user of a trade mark,, sh all not be deemed to imply an approval, of the
agreement in  so far as it relates to the transmission of any money, as consideration for the use of the
said trade mark, to any place outside India.
86. Notification of registration as registered user.- A notification in writing of the registration
of a registered  user shall  be sent by the Registrar to the registered proprietor of the trade mark, to the
registered user and to every other registered user whose name is entered in relation to the same trade
mark and shall also be inserted in the Journal w ithin three months of such entry in the register.
87. Registered proprietor's application to vary entry.- An application by the registered
proprietor of a trade mark for the variation of the registration of a registered user of that trade mark
under clause (a) of sub-section (1) of  section 50 shall be made on Form TM-29   a n d  s h a l l  b e
accompanied by a statement of  the grounds on which it is made, and where the registered user in
question consents, by the written consent of the registered user.
88. Cancellation of registration of registered user.-  (1) An application for the cancellation of
the registration of a registered user under  sub-clause (b) to sub-clause (d) of sub-section (1) of
Section  50 shall be made on Form TM-30  or Form TM-31 , as the case may be, and shall be
accompanied by a statement of the grounds on which it is made.
(2) In case of the registration of a registered user for a period, in accordance with paragraph
(iv) of sub-clause (b) of sub-section (1) of section 49, the Registrar shall cancel the entry of the
registered user at the  end of that period.  Where some or all the goods or services are  omitted from
those in  respect of which a trade mark is registered, the Registrar shall at the same time omit them
from those specifications of registered users of the trade mark in which they are comprised.  The
Registrar shall notify every cancellation or omission under this sub-rule to the registered users whose
permitted use is affected thereby and to the registered proprietor of the trade mark.
89. Power of the Registrar to call for information with respect to registered user -  The
Registrar may at any time, by notice in writing, require the registered proprietor to furnish him
information under sub-section (1) of section 51 and take action in accordance with sub-section (2) of
that section.
90. Procedure on application to vary entry or cancel registration.-  (1) The Registrar shall
notify in writing applications under section  50 to the registered proprietor and each registered user
(not being the applicant in either case ) of the trade mark.
(2) Any person notified under sub-rule (1) who in tends to intervene in the proceedings, shall
within one month of the receipt of such notification give notice to the Registrar  in Form TM-32  to
the effect and  shall send therewith  a statement  of the grounds of his intervention.  The RegistrarIP/N/1/IND/T/2
Page 29
shall thereupon serve or cause to be served copies  of such notice and  statement on the other parties,
namely, the applicant, the registered proprietor, the registered  user whose registration is the subject
matter of the proceeding in question and any other registered user who intervenes.
(3) In the case of any application made under section 50, the applicant and any person notified
under sub-rule (1), may, within such time or times as the Registrar may appoint, leave evidence in
support of his case, and the Registrar after giving the parties an opportunity of being heard, may
accept or refuse  the application or accept it subject to any conditions, amendments, modifications or
limitations  he may think right to impose and sh all inform the parties in writing accordingly.
(4) In the case of an application for varying any registration under paragraph (a) of sub-
section  (1) of section  50 or cancelling any registration on any of the grounds mentioned in items (i)
to (iv) of sub-clause (c) of sub-section (1) of Section 50, the Registrar  shall consider the applicationtogether with any notice on Form TM-32 .and statement of case filed  and shall dispose of the
application and also inform the parties in writing accordingly.
91. Registered user's application .- Application under sub-section  (2) of section 58 shall be
made on Form TM-16  or  Form- TM-33  or Form- TM-34  or  Form- TM-50  as may be appropriate by a
registered user of a trade mark or by such person as may satisfy the  Registrar that he is entitled to act
in the name of a registered user; and the Registrar may require such evidence by affidavit or otherwise
as he may think fit as to the circumstances in which the application is made.
CHAPTER VI
RECTIFICATION AND CORRECTION OF REGISTER
ALTERATION OR RECTIFICATION OF REGISTER
92. Application to rectify or remove a trade mark from the register .-An application to the
Registrar under Section  47, 57, 68 or 77  for the making, expunging or varying of any entry relating
to a trade mark or a collective mark or certification trade mark in the register shall be made in
triplicate on Form TM-26, or Form TM-43, as the case may be, and shall be accompanied bystatement in triplicate  setting out fully the nature of the applicant's interest, the facts upon which he
bases his case and the relief which he seeks.  Where the application is made by a person who is not
the registered proprietor of the trade mark in question, the application and the statement aforesaid
shall be left at the Trade Marks Registry triplicate.  In case there are registered users, such application
and statements shall be accompanied by as many copies thereof as there are registered  users.  A copy
each of the application and statement shall be ordinarily transmitted within one month by the
Registrar to the registered  proprietor and to each of the registered  user  and to any other person whoappears from the register to have an interest in the trade mark.  The application shall be verified in the
manner prescribed under clause(i) of sub-rule(e) of rule 48 for verification of a notice of opposition.
93. Further procedure.- Within  two months from the receipt by a registered proprietor of the
copy of the application mentioned in rule 92 or within such further period not exceeding one month in
the aggregate, he shall send to the Registrar on Form TM-6  a counterstatement in triplicate of the
grounds on which the application is contested and if he does so, the Registrar shall serve a copy of the
counterstatement on the person making the application within  one month of  the receipt of the same.
The provisions of rules 50 to 57 shall thereafter apply mutatis mutandis  to the further proceedings on
the application.  The Registrar shall not, however, rectify the register or remove the mark from theregister merely because the registered proprietor has not filed a counterstatement unless he is satisfied
that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the
case.  In any case of doubt any party may apply to the Registrar for directions.IP/N/1/IND/T/2
Page 30
94. Intervention by third parties. - Any person, other than the registered proprietor, alleging
interest in a registered trade mark in respect of which an application is made under rule 92 may apply
on Form TM-27  for leave to intervene, stating the nature of his interest, and the Registrar may refuse
or grant such leave after hearing (if so required) the parties concerned, upon such conditions and
terms including undertakings or conditions as to security for cost as he may deem fit to impose.
95. Rectification of the register by the Registrar of his own motion.-  (1) The Notice, which
the Registrar is required to give  under sub-section (4) of  section  57, shall be sent in writing to the
registered proprietor, to each registered user, if any, and to any other person who appears from the
register to have any interest in the trade mark, and shall state the grounds on which the Registrar
proposes to rectify the register and shall also specify the time, not being less than one month from the
date of such notice, within which an application for a hearing shall be made.
(2) Unless within the time specified in the notice aforesaid, any person so notified sends to the
Registrar a statement in writing setting out fully the facts upon which he relies to meet the grounds
stated in the notice or applies for a hearing, he may be treated as not desiring to take part in the
proceedings and the Registrar may act accordingly.
(3) If the Registrar decides to rectify the register he shall communicate his decision in writing
to the registered proprietor and to each registered if any.
ALTERATION OF ADDRESS
96. Alteration of address in register.-  (1) A registered proprietor or a registered user of a trade
mark, the address of whose principal place of business in India or whose address in his home country,as the case may be,  is changed so that the entry in the register is rendered incorrect, shall forthwith
request the Registrar in Form TM-34  to make the appropriate alteration of the address in the register,
and the Registrar  shall alter the register accordingly  if he is satisfied in the matter.
(2) A registered proprietor or a registered user of a trade mark, whose address for service  in
India entered in the register is changed, whether by discontinuance of the entered address or
otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar
on Form TM-50  to make the appropriate alteration of the address in the register, and the Registrar
shall alter the register accordingly if he is satisfied in the matter.
(3) A registered proprietor or a registered user of a trade mark the address of whose principal
place of business in India or whose address for service in India is altered by a public authority, so thatthe changed address designates the  same premises as entered in the register, may make the aforesaid
request to the Registrar on Form TM-34  or TM-50  as the case may be, and if he does so he shall
leave therewith a certificate of the alteration given by the said authority.  If the Registrar is satisfied as
to the facts of the case, he shall alter the register accordingly but shall not require any fees to be paid
on the forms, notwithstanding the provisions of sub-rule (2) of rule 11 or sub-rule (2) of rule 12.
(4)(i) Where a registered proprietor makes a request under sub-rule (1), (2) or (3), he shall
serve a copy of the request on the registered  user or users, if any, and inform the Registrar
accordingly.
(ii) where the request aforesaid is made by a registered  user, he shall serve a copy thereof on
the registered proprietor and every other registered users, if any, and inform the Registrar that he had
done so.IP/N/1/IND/T/2
Page 31
(5) In case of the alteration of the address of a person entered in the register as the address for
service in India of more than one registered proprietor or registered user  of trade marks, the Registrar
may, on proof that the said address is the address of the applicant and if satisfied that it is just to do
so, accept an application from the person in Form TM-50  amended so as to suit the case, for the
appropriate alteration of the entries of his address as the address for service in the several
registrations, particulars of which shall be given in the Form and may alter the entries accordingly.
(6) All applications under this rule on Form TM-50  shall be signed by the registered
proprietor or the registered  user, as the case may be, or by an agent expressly authorised by him for
the purpose of such an application, unless in exceptional circumstances the Registrar otherwise
allows.
CORRECTION OF REGISTER
97. Application for correction of register:- Where an application has been made under Sub-
section (1) of  section 58 for the alteration of the register by correction, change, cancellation or
striking out of goods or services or for the entry of a  memorandum, the Registrar may require the
applicant to furnish such evidence by affidavit or otherwise as he may think fit, as to the
circumstances in which the application is made.  Such application shall be made in Form TM-16,
TM-33, TM-34,  TM-35, TM-36, or TM-50  as may be appropriate  and a copy thereof shall be
served by the applicant on the registered  user or users, if any, under the registration of the trade markin question and to any other person who appears from the register  to have an interest in the trade
mark.
98. Alteration of registered trade mark.- Where a person applies under section  59 for leave to
add to or alter his registered trade mark, he shall make the application in writing  in Form TM-38  and
shall furnish five copies of the mark as it will appear when so added to or altered.  A copy of the
application and of the trade mark so amended or altered shall be served by the applicant on every
registered user, if any.
99. Advertisement before decision and opposition etc.-  (1)The Registrar shall consider the
application and shall,  if it appears to him expedient, advertise the application in the Journal before
deciding it.
(2) Within three months from the date of advertisement under sub-rule (1), or within such
further period not exceeding one month in the aggregate as the Registrar may allow, any person may
give notice of opposition to the application on Form TM-39  and may also send therewith a statement
of his objections.  The notice and the statement, if any, shall be sent in triplicate.  In case there are anyregistered  users under the registration of the trade mark in question, such notice and statement shall
also be accompanied by as many copies thereof as there are registered  users.  A copy of each of the
notice and statement shall be transmitted forthwith by the Registrar to the registered proprietor  and
each registered user, if any, and within two months from the receipt by the registered proprietor of
such copies he shall sent to the Registrar in Form TM-6  a counterstatement in triplicate of the grounds
on which the opposition is contested. If the registered proprietor sends such a counterstatement, the
Registrar shall ordinarily serve a copy thereof on the person giving notice of opposition within one
month and the provisions of rules 50 to 57 shall apply mutatis mutandis to the further proceedings on
the opposition.  The Registrar shall not, however, refuse the application merely because the registered
proprietor has not filed a counterstatement unless he is satisfied that the delay in filing thecounterstatement is wilful and is not justified by the circumstance of the case. In case of any doubt
any party may apply to the Registrar for directions.IP/N/1/IND/T/2
Page 32
(3) If there is no opposition, within the time specifie d in sub-rule(2), the Registrar shall, after
hearing the applicant if he so desires, allow or refuse the application and shall communicate his
decision in writing to the applicant.
100. Decision, Advertisement, Notification.- If the Registrar decides to allow the application he
shall alter the mark in the register accordingly and in sert in the Journal a notification that the mark has
been altered.  If the application has not been advertised under rule 99, he shall also advertise in the
Journal the trade marks as altered.
RE-CLASSIFICATION OF GOODS  IN RESPECT OF EXISTING REGISTRATION
101. Re-classification in respect of existing registration  .-(1)On the classification set forth in the
Fourth Schedule being amended, the registered proprietor of a trade mark may apply to the Registrar
on Form TM-40   for the conversion of the specification relating to his trade mark, so as to bring that
specification into conformity with the amended classification. The application shall include a request
for the like conversion of the specification in respect of any registered users under that registration,and the registered proprietor shall serve a copy of the application on the registered user or users of the
trade mark, if any.
(2) The Registrar shall, thereupon, notify in writing to the registered proprietor and to the
registered user or users, if any, a proposal show ing the form in which, in the Registrar's view, the
amendment of the register should take in consequence of the proposed conversion.  Two or more
registrations of a trade mark having the same date and in respect of goods or services which fall
within the same class under the amended or substituted classification, may be amalgamated upon
conversion in accordance with this rule.
(3)The proposal referred to in sub-rule (2) shall be advertised in the Journal.
(4) Notice of Opposition to such proposal  shall be given in Form TM-41  in triplicate within
three  months from the date of the advertisement or within such period not exceeding one month in
the aggregate and shall be accompanied by a st atement in triplicate showing how the proposed
amendment would contravene the provisions of sub-section (1) of section  60.  Where there are any
registered users under the registration of the trade mark in question, such notice and statement shall
also be accompanied by as many copies thereof as there are registered users.  The Registrar shall
within two months send a copy each of the notice and the statement to the registered proprietor  and to
each registered user, if any, and within two months from the receipt by him of such copies the
registered proprietor  may send to the Registrar on Form TM-6   a counterstatement in triplicate
setting out fully the grounds on which the opposition is contested. If the registered proprietor sendssuch counterstatement the Registrar shall serve a copy thereof on the person giving notice of
opposition within two months and the further procedure for the disposal  of the opposition shall be
regulated by the provisions of rules 50 to 57 mutatis mutandis .  In any case of doubt, any party may
apply to the Registrar for directions.
(5) If there is no opposition within the time specified in sub-rule (4), or in case of opposition
if the conversion of the specification is allowed, the proposal as allowed shall be advertised in the
Journal, and all necessary entries shall be made in the register.  The date when such entries are made
in the register shall be recorded therein.  Any entr y made in the register in pursuance of this sub-rule
shall not affect the date of the renewal of registration under section 25 which shall be determined inthe same manner as before the allowing of the conversion.IP/N/1/IND/T/2
Page 33
CHAPTER VII
MISCELLANEOUS
102. Refusal or invalidation of registration of  trade mark conflicting with a geographical
indication.- A request in form TM-73 or TM-74 as the case may be, may be made to the
Registrar for the refusal or invalidation of a registered trade mark by an interested party along
with a statement of case together with an affidavit and which-
(a) contains or consists of a geographical indication with respect to goods or class or
classes of goods not originating in the territory of a country, or a region or locality in
that territory which such geographical indication indicates, if the use of suchgeographical indication in the trade mark for such goods, is of such nature as to
confuse or mislead the persons as to the true place of origin of such goods or class or
classes of goods;
(b) contains or consists of geographical indication identifying goods or class of classes of
goods notified under sub-section (2) of sect ion 22 of the Geographical Indications of
Goods (Registration and Protection)Act, 1999 (48 of 1999).
103 Single application under sub-section (2) of section 18-.(1)  Where an application for the
registration of a trade mark for different classes of goods or services is made under sub-section (2) of
section 18, the specification of goods or services contained in it shall set out the classes in consecutivenumerical order beginning with the lowest number and  indicate in each class the goods or services
appropriate to that class.
(2) If the specification of goods or services contained in the initial application for  registration
of a trade mark makes a reference to a class or classes in the Fourth Schedule in which they do notfall, the Registrar shall require the applicant to correct  the classification error in Form TM-16.
(3) Applications filed under sub-section (2) of section 18 when ordered to be advertised shall
be published in a separate section of the  Journal.
(4) The Registrar shall issue a single certificate of registration in respect of an application
made under sub-section (2) of section 18 which has proceeded to registration.
104. Divisional Application.- (1) Where an application is made in Form TM-53  under proviso to
section 22 for the division of a single pending application, such application shall be divided into two
or more separate applications on the payment of a divisional fee and such class fees as are appropriate
in accordance with the division.
(2) At any time before registration an applicant may request the Registrar in Form TM-53  for
a division of his initial application for registration into two or more separate applications (divisional
applications),indicating for each division the specification of goods or services.  The Registrar shall
treat each divisional application as a separate application for registration with the same filing date asthe initial application.
(3) In the case of a request to divide some goods or services, but not all in a class, a divisional
fee for separate application to be created by division shall be paid.  Any time limit for any action by
the applicant in relation to the initial application at the time of division shall be applicable to each newseparate application  created by division irrespective of the date of the division.IP/N/1/IND/T/2
Page 34
(4) If the  request to divide is not accompanied by necessary fee or is otherwise deficient, the
Registrar shall notify the applicant of the deficiency.  The applicant may correct any such deficiency
within thirty days.  If the applicant fails to correct  the deficiency within the time provided, the request
shall be considered as abandoned and the application shall proceeded further without regard to the
request.
(5) Where a request to divide an application is received, the Registrar shall assign an
additional separate new serial number or numbers, as the case may be, and it shall be cross-referenced
with the initial application.  Such additional separate  application or applications shall be assigned the
same filing date as the initial application.
(6) For the removal of doubt, it is clarified that no new registration is effected when a single
application is divided.  On the contrary, application already filed are merely separated or divided intoindividual files.
105. Extension of time.  -(1) An application for extension of time under section  131 (not being a
time expressly provided in the Act or prescribed by rule 79 or by sub-rule (4) of rule 80 or a time for
the extension of which provision is made in the rules) shall be made on Form  TM-56.
(2) Upon an application made under sub-rule (1) the Registrar, if satisfied that the
circumstances are such as to justify the extension of the time applied for, may, subject to the
provisions of the rules where a maximum time limit is prescribed and subject to such conditions as he
may think fit to impose, extend the time and notify the parties accordingly and the extension may begranted though the time for doing the act or taking the proceeding for which it is applied for has
already expired.
106.Exercise of discretionary power of Registrar.- The time within which a person entitled
under Section 128 to an opportunity of being heard shall exercise his option of requiring to be heardshall, save as otherwise expressly provided in the Act or the rules, be one month from the date of a
notice which the Registrar shall give to such pers on before determining the matter with reference to
which such person is entitled to be heard.  If within that one month such person is required to be
heard, the Registrar shall appoint a date for the hearing and shall give 10 day's notice thereof.
107. Notification of decision.- The decision of the Registrar in the exercise of any discretionary
power given to him by the Act or the rules shall be notified to the person affected.
108. Amendments and correction of irregularity in procedure.-  (1) Any document or drawing
or other representation of a trade mark may be amended, and any irregularity in procedure which, in
the opinion of the Registrar, may be obviated without detriment to the interests of any person, may be
corrected, if the Registrar thinks fit and on such terms as he may direct.
(2) The Registrar may require the amendment of any application or representation of a trade
mark or any other document or the addition of any matter thereto in order to bring it in accordance
with the formal requirements  of the Act.
109. Directions not otherwise prescribed.-  Where in the opinion of the Registrar, it is necessary
for the proper prosecution or completion of any proceedings under the Act or rules for a person to
perform an act, file a document or produce evidence, which is not provided for by the Act or the rules,
the Registrar may by notice in writing require the person to perform the Act, file the document or
produce the evidence, specified in the notice.IP/N/1/IND/T/2
Page 35
110. Opinion of the Registrar under Section 115(4).- (1) Where a matter has been referred to the
Registrar for his opinion under proviso to sub-section (4) of section 115 such opinion shall be
forwarded under a sealed cover within seven working days of the receipt of such written intimation to
the referring authority and the Registrar shall ensure complete confidentiality in the matter so referred.
          (2)  The opinion under this rule shall be given by the Registrar or an officer specially authorized
for this purpose under sub-section (2) of section 3 and the name of the designated officer shall be
published in the journal.
HEARINGS
111. Hearings.-  (1) In relation to a trade mark for which an application for registration is made on
or after the notified date, the application as well as any proceeding under the Act and the rules shall,
in the event of a hearing becoming necessary, be heard at the office of the Trade Marks Registry at
which such application was made under sub-section (3) of section 18, or at such place within the
territorial jurisdiction of that office as the Registrar may deem proper.
(2) In relation to a trade mark for which an application for registration is pending before the
Registrar, at the notified date, the hearing, if any,  in respect of such application  or any proceeding
under the Act and the rules shall be taken at the appropriate office of the Trade Marks Registry or at
such place within the territorial jurisdiction of that office as the Registrar may deem proper.
(3) In relation to a trade mark on the Register of Trade Marks at the notified date, the hearing,
if any, in respect of any proceeding under the Act and the rules shall take place at the appropriate
office of the Trade Marks Registry or at such place within the territorial jurisdiction of that office as
the Registrar may deem proper.
(4) Where an officer exercising the powers of the Registrar who has heard any matter under
the Act or the rules, has reserved orders therein, is transferred from one office of the Registry to
another or reverts to another appointment before passing an order or rendering decision therein, he
may, if the Registrar so directs, pass the order or render the decision as if he had continued to be theofficer in the office of the Registry where the matter was heard.
AWARD OF COSTS BY REGISTRAR
112. Costs in  uncontested cases.- Where any opposition duly instituted under the rules is not
contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent
shall consider whether the proceedings might have been avoided if reasonable notice had been given
by the opponent to the applicant before the notice of opposition was filed.
113. Exception to rule 112.- Notwithstanding anything in rule 112, costs in  respect of fees
specified under entries, 12,14  and 15 of the First Schedule and of all stamps used on and affixed to
affidavits used in the proceedings shall follow the event.
114. Scale of costs.- Subject to the provisions of rules 112 and 113, in all proceedings before the
Registrar, he may, save as otherwise expressly provided by the Act, award such costs, not exceedingthe amount admissible thereof under the  Sixth Schedule, as he considers reasonable having regard to
all the circumstances of the case.IP/N/1/IND/T/2
Page 36
REVIEW OF DECISION BY REGISTRAR
115. Application for review of Registrar's decision.- An application to the Registrar for the
review of his decision under sub-section (c) of section 127 shall be made on Form TM-57  within one
month from the date of such decision or within such further period not exceeding one month
thereafter as the Registrar may on request allow, and shall be  accompanied by a statement  setting
forth the grounds on which the review is sought.  Where the decision in question concerns any other
person in addition to the applicant, such applicati on and statement shall be left in triplicate and the
Registrar shall forthwith transmit a copy each of the application and statement to the other person
concerned.  The Registrar may, after giving the parties an opportunity of being heard, reject or grant
the application, either unconditionally or subject to any conditions or limitations, as he thinks fit.
AFFIDAVITS
116. Form, etc. of  Affidavits.- (1)  The Affidavits required by the Act  and the rules to be filed at the
Trade Marks Registry or furnished to the Registrar, unless otherwise provided in the Second
Schedule, shall be headed in the matter or matters to which they relate, shall be drawn up in the first
person, and shall be divided into paragraphs consecutively numbered; and each paragraph shall, as far
as practicable, be confined to one subject.  Every affidavit shall state the description and the true placeof abode of the person making the same shall bear the name and address of the person filing it and
shall state on whose behalf it is filed.
(2) Where two or more persons join in an affi davit, each of them shall depose separately to
such facts which are within his personal knowledge and those facts shall be  stated in separateparagraphs.
(3) Affidavits shall be taken –
(a) In India -before any Court or person having by law authority to receive evidence, or
before any officer empowered by such Court as aforesaid to administer  oaths or to
take affidavits;
(b) in any country or place outside India - before  a diplomatic or consular officer, within
the meaning of the Diplomatic and Consular Officers (Oaths and Fee) Act, 1948, of
such country or place, or before a notary public, or before a judge or magistrate, of
the country or place.
(4) The person before whom an affidavit is taken shall state the date on which and the place
where the same is taken and shall affix his seal, if any, or the seal of the Court to which he is attached
thereto and sign his name and description at the end thereof.
(5) Any affidavit purporting to have affixed, impressed or subscribed thereto or thereon the
seal or signature of any person authorised by sub-rule (3) to take an affidavit, in testimony of the
affidavit having been taken before him, may be admitted by the Registrar without proof of the
genuineness of the seal or signature or of the official character of that person.
(6) Alterations and interlineations shall, before an affidavit is sworn or affirmed, be
authenticated by the initials of the person before whom the affidavit is taken.IP/N/1/IND/T/2
Page 37
(7) Where the deponent is illiterate, blind or unacquainted with the language in which the
affidavit is written, a certificate by the person taking the affidavit that the affidavit was read,
translated or explained in his presence to the deponent, that the deponent seemed perfectly to
understand it and that the deponent made his signature or mark in his presence, shall appear in the
jurat.
(8) Every affidavit filed before the Registrar in connection with any of the proceedings under
the Act or the rules shall be duly  stamped under the law for the time being in force.
INSPECTION OF DOCUMENTS BY THE PUBLIC
117. Inspection of documents.- The documents mentioned in sub-section (1) of section 148 shall
be available for inspection at the head office of the Trade Marks Registry.  A copy of the register and
such of the other documents mentioned in section 148, as the Central Government may  by
notification in the Official Gazette direct, shall be available for inspection at each branch office of the
Trade Marks Registry.  The inspection shall be on payment of the prescribed fee and at such times onall the days on which the offices of the Trade Marks Registry are not closed to the public, as may be
fixed by the Registrar.
118. Distribution of copies of Journal and other documents.- The Central Government may
direct the Registrar to distribute the Journal and any other document which it may consider necessary,to such places as may be fixed by the Central Government in consultation with the State Governments
and notified from time to time in the Official Gazette.
CERTIFICATES
119.  Certified copies of documents.- The Registrar may furnish certified copies of any entry in the
register or certified copies of any documents referred to in sub-section (1) of section  148 or of any
decision or order of the Registrar, or give a certificate other than a certificate  under sub-section (2) ofsection 23 as to any entry, matter or thing which  he is authorised or  required by the Act or the rules
to make or do, upon receipt from any person of an application therefore on Form TM-46 accompanied
by the prescribed fee. The  Registrar shall not be obliged to include in any certificate or certified copy,
a copy of any mark unless he is furnished by the applicant with a copy thereof suitable for the
purpose:
Provided  that the Registrar may furnish an expedited certified copies of the documents
aforementioned within thirty working days on a request in Form TM-70  received to that effect on
payment of five times the ordinary  fees for such request.
120. Certificate for use in obtaining registration abroad. -  (1)  Where a certificate relating to the
registration of a trade mark is desired for use in obtaining registration in any territory outside India,
the Registrar shall include in the certificate a copy of the mark and may require the applicant for thecertificate to furnish him with a copy of the mark su itable for that purpose, and if the applicant fails to
do so, the Registrar may refuse to issue the certificate.
(2) Where a trade mark is registered without limitation of colour, the copy of the mark to be
included in the certificate, may be either in the colour in which it appears upon the register or in anyother colour or colours and it shall be stated in the certificate that the trade mark is registered without
limitation of colour.IP/N/1/IND/T/2
Page 38
(3)The Registrar may state in the certificate such particulars concerning the registration of the
mark as may deem fit to him, and may specify the terms and conditions and other limitation appearing
on the Register. The purpose for which the certificate is issued shall be stated therein.
121. Power of Registrar to notify International Non-proprietary names.- The Registrar may
from time to time  publish in the  Journal, the words which are declared by the World HealthOrganisation as international non-proprietary names referred to in sub-section (b) of section 13.
APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD
122. Time for appeal.-  An appeal to the Intellectual Property Appellate Board from any decision
of the Registrar under the Act  or the rules shall be made  within three months from the date of such
decision.
123. Service  to the Registrar.-  A copy of every application to Intellectual Property Appellate
Board under the Act  shall be served on the Registrar.
CERTIFICATE OF VALIDITY
124. Certificate of validity to be noted.-   Where the  Intellectual Property Appellate Board  has
certified as provided in section 141 with regard to the validity of a  registered trade mark  the
registered proprietor thereof may request the Registrar in Form TM-47  to add to the entry in the
register a note that the certificate of validity has been granted in the course of the proceedings,
particulars of which shall be given in the request. An officially certified copy of the certificate shall besent with the request, and the Registrar shall record a note to that effect in the register and publish the
note in the Journal.
RETURN OF EXHIBITS AND DESTRUCTION OF  RECORDS.
125. Return of exhibits.- (1)   Where the exhibits produced in any matter or proceeding under the
Act or the rules  are no longer required in the Trade Marks Registry, the Registrar may call upon the
party concerned to take back the exhibits  within a time specified by him and if the party fails to do
so, such exhibits shall be destroyed.
(2)  Where, before the notified date any exhibits have been produced in any proceeding,     the
Registrar may, if satisfied that it is no longer necessary to retain them call upon the party concerned to
take back the exhibits within a time specified by him and if the party fails to do so, such exhibit shall
be destroyed.
126. Destruction of records.- Where an application for the registration of a trade mark has been
withdrawn/abandoned or refused or a trade mark has been removed from the register or in an
opposition or rectification proceeding the matter has been concluded and no appeal is pending before
the Intellectual Property Appellate Board, the Registrar may, at the expiration of three years after the
application is withdrawn or is abandoned or is refused or after the trade mark is removed from theregister or the opposition or rectification proceeding is closed, as the case may be, destroy all or any
of the records relating to the application, opposition or rectification  or the trade mark concerned.IP/N/1/IND/T/2
Page 39
PART II
SPECIAL PROVISIONS FOR COLLECTIVE MARKS
127.  Rules to apply to collective marks.- The provisions of Part I, Part IV,  and VII of the rules
shall, in their application to collective marks, apply only subject to the provisions of this Part.
128.  Application for registration and proceedings relating thereto .- (1) An application for
the registration of a collective mark for goods or services under sub-section (1) of section 63 shall be
made to the Registrar in Form TM-3,  Form TM-64 or in the case of a single application in Form
TM-66 or Form  TM-67  as the case may be, in triplicate and shall be accompanied by five additional
representations of the mark. The draft regulations to be submitted with the application under  sub-section (1) of section  63 shall be in triplicate and shall be accompanied by Form TM-49.
(2) References in  Part I of the rules to the acceptance of an application for the registration of
a trade mark for goods or services, shall, in their application to collective mark, be substituted by
references to authorisation  to proceed with the application.
(3) An applicant for the registration of a collective mark shall not be deemed to have
abandoned his application, if in the circumstances of sub-rule (5) of rule 38 he does not apply for a
hearing or reply in writing.
(4) The address in India, if any, of an applicant to register a collective mark shall be deemed
to be the address of his principal place of business in India for all the purposes for which such an
address is required by the rules.
(5) The regulations governing collective  marks shall specify inter alia:-
(a) The name of the  association of persons and their respective office addresses;
(b) The object of the association;
(c) The details of members;
(d) The conditions for membership and relation of each member with the group;
(e) The persons authorised to use the mark and the nature of control the applicant
exercise over the use of the collective mark;
(f) The conditions governing use of the collective mark, including sanctions;
(g) The procedure for dealing with appeals against the use of the collective mark;
(h)  such other particulars as may be called for by the Registrar.
129. Case accompanying application. - The applicant shall submit to the Registrar along with his
application a statement of case setting out the grounds on which he relies in support of his application.
Such case shall be furnished in triplicate.
130. Examination and Hearing.- (1) The Registrar shall cause an application for the registration of a
collective mark to be examined, in the first instance , as to whether it satisfies the requirement of the
Act and the rules and issue a report to the applicant.
(2) The Registrar shall not refuse an application for the registration of a collective mark or
accept the application subject to any conditions or limitations or impose amendments or modifications
to the application or to the regulation without givi ng to the applicant an opportunity of being heard
and the procedure thereto shall be regulated by the provision of sub-rule (4) of rule 38 to rule 42.IP/N/1/IND/T/2
Page 40
131.  Opposition  to registration of collective marks -(1) On acceptance of the application the
Registrar shall cause the application to be advertised in the Journal and the provisions of rules 47 to
57 shall apply mutatis mutandis to further proceedings in the matter  as they apply in relation to an
application for the registration of a trade mark.
(2) In any case of doubt with regard to proceedings on the opposition to the registration of a
collective mark, any party may apply to the Registrar for directions
132. Amendment  of regulations relating to collective marks and renewal-(a) An application
by the registered proprietor of a collective mark for any amendment to the regulation under Section 66
shall be made in Form TM-42  and where the Registrar accepts  any such amendment he shall
advertise, such application in the Journal and furt her proceedings in the matter shall be governed by
rules 47 to 57.
(b) A collective mark may be renewed from time to time and the provision of rule 63 to
67 shall apply mutatis mutandis in respect of such request for renewal.
133. Removal of collective mark.- An application for removal  of  a collective mark from the
register including on any  of the grounds mentioned in section 68 shall be made in Form TM-43  and
shall set forth particulars of the grounds on which the application is made.  The provisions of rule 92
and 94 of these rules shall apply mutatis mutandis for further proceeding in the matter.
PART III
SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS
134. Rules to apply to certification trade marks.- The provisions of Part I, Part IV and Part VII
of the rules shall, in their application to certifi cation trade marks, apply only subject to the provisions
of this Part.
135. Application for registration and proceedings relating thereto.-  (1)  An application
for the registration of a certification trade mark under sub- section  (1) of section  71 shall be made to
the Registrar in Form TM-4, Form TM-65 and in the case of a single application in Form TM-68  or
Form TM-69 as the case may be, in triplicate and shall be accompanied by five additional
representations of the mark. The draft regulations to be submitted with the application shall be in
triplicate and shall be accompanied by Form TM-49.
(2)    References in Part I of the rules to the acceptance of an application for the registration of
a trade mark, shall, in their application to certification trade mark, be substituted by references to
authorisation to proceed with the application.
(3) An applicant for the registration of a certification trade mark shall not be deemed to have
abandoned his application, if, in the circumstances of sub-rule 5 of rule 38 he does not apply for ahearing or reply in writing.
(4)  The address in India, if any, of an applicant to register a certification trade mark shall be
deemed to be the address of his principal place of business in India for all the purposes for which such
an address is required by the rules.IP/N/1/IND/T/2
Page 41
(5) The regulation governing a certification trade mark shall specify inter alia:-
(a) a description of the applicant;
(b) the nature of the applicant's business;
(c) the particulars of infrastructure like R &D, technical manpower support;
(d) the applicants competence to administer the certification scheme;
(e) the applicants financial arrangement;
(f) an undertaking from the applicant that there will be no discrimination of any
party if they meet the requirements set down in the regulations;
(g) the characteristic the mark will indicate in the certified goods or in relation to
the rendering of certified services.
(h) the manner of  monitoring the use of the mark in India; and
(i) such other relevant particulars as may be called for by the Registrar.
136. Statement of Case accompanying application.- (1) The applicant shall forward a
statement of case  to the Registrar with the application  setting out the grounds in which he relies in
support of the application. Such case shall be furnished in triplicate.
(2) The Registrar shall cause the application for the registration of a certificate trade
mark to be examined in the first instance as to wh ether it satisfies the requirement of the Act and the
rules and  issue a report to the applicant.
137. Hearing by the Registrar before refusing an application or to accept it conditionally.-
The Registrar shall not refuse an application for registration of a certification trade mark or
accept the application subject to any conditions or limitations or impose amendments or modifications
to the application or to the regulations without givi ng to the applicant an opportunity of being heard
and the procedure thereto shall be regulated by the provisions of sub-rule (4) of rule 38 to rule 42 of
these rules.
138. Opposition to registration of certification trade mark and renewal.- (1)  On acceptance of
the application the Registrar shall cause the application to be advertised in the Journal and the
provisions of rules 47 to 57 shall apply mutatis mutandis as they apply in relation to an application for
the registration of a trade mark.
(2)In  case of doubt with regard to the proceedings on the opposition to the registration of a
certification trade mark, any party may apply to the Registrar for directions.
       (3) A certification trade mark may be renewed from time to time and the provisions of rule 63 to
67 shall apply mutatis mutandis in respect of such request for renewal.
 139.-  Rectification of certification trade mark .-An application for cancellation or variation of
registration of a certification trade mark on any of the grounds mentioned in section  77  shall be made
in Form TM-43   and shall set forth particulars of the grounds on which the application is made.  The
provisions of rule 92 to 94 shall apply mutatis mutandis to further proceedings in the matter.IP/N/1/IND/T/2
Page 42
140. Alteration of deposited regulations and consent of the Registrar for assignment or
transmission of certification trade marks .- (1) An application by the registered proprietor of a
certification trade mark under sub-section (2) of section 74 to alter the deposited regulation shall be
made in Form TM-42   and where the Registrar  decides to permit  such alteration it shall be
advertised in the Journal and further proceeding in the matter shall be governed by rule 47 to 57..
(2) An application for the consent of the Registrar to the assignment and transmission of a
certification trade mark under Section 43 shall be made in Form TM-62.
PART IV
SPECIAL PROVISION FO TEXTILE GOODS
141. Definitions.- For the purposes of rules 146 and 147  --
"balanced numeral" means a trade mark consisting of either identical numerals or identical letters of
not less than three nor more than seven digits.
"digit" includes a single letter;
"letter fraction" means a fraction containing one or more letters.
142. Rules to apply to textile marks.- Subject to the provisions of this Part, the provisions of
Part I, Part II, Part III and Part VII of the rules shall apply to trade marks in respect of textile goods as
they apply to trade marks in respect of non-textile goods.
143. Textile Marks.- The expression "textile mark" means a trademark used or proposed to be used
in relation to goods specified in rule 144 as "textile goods " for the purpose of Chapter X of the Act.
144. Textile Goods.- The classes of goods  in relation to trade marks to which Chapter X of  the
Act shall apply and which are in the Act  and the rules referred to as textile goods  shall be classes 22
to 27 (inclusive) of the Fourth Schedule.
145. Application to register letters or numeral s or any combination thereof in respect of
items of textile goods.- (1)  A separate application for the registration of a trade mark (other than a
collective mark or a  certification trade mark) shall be made in Form TM- 22  or TM-45  as the case
may be, in respect of each of the items of textile goods  mentioned in the Fifth Schedule where the
mark consists exclusively of letters or numerals or any combination thereof.
(2)  The items of the Fifth Schedule shall be grouped as follows; and goods  falling in each
group shall be deemed to be similar goods, and goods falling in different groups  shall not be deemed
to be similar goods for the  purpose of an application for the registration of trade marks consisting
exclusively of letters or numerals or any combination thereof made under sub-rule(1) and proceedings
relating thereto but not for any other purpose-
Group–Items1,4,5,8,9,10,11,12,16,19,20,22,23,24,25,26,27,30,33,36,37,
39,41,42,44,45,48,49,54,55,59,61,62,65 and 91
.
Group 2 – Items 2,3,14,17, 18,34,35 and 47.
Group 3 – Items 6,7,21,38 and 52.Group 4 – Items 13,29,75,77 and  78.
Group 5 - Items 15,28,31,40,60,66,79,88,90 and 93.
Group 6 – Items  32,43,64 and 94.IP/N/1/IND/T/2
Page 43
Group 7 – Items 46,83 and 85.
Group 8 – Items 50,51,56,57,63,76,80,84,86,87 and 89.
Group 9 – Items 53.
Group 10 –Items 58,82  and 92.
Group 11- Items 67,68,69,70 and 71.
Group 12 – Items 72.Group 13 – Items 73.
Group 14- Items 74.
Group 15- Items 81.
(3) Notwithstanding anything contained in sub-rule  (2) in respect of any proceeding  relating
to trade marks consisting exclusively of letters, numerals or any combination thereof for the
registration of which applications were made on or before the 31st July,1945, the goods falling indifferent items of the Fifth Schedule shall not be deemed to be similar goods of the same description.
146. Non-registrability of certain marks.- In respect of textile goods the following marks shall
not be capable of registration, namely:-
(a) any numerals of one digit or of more than six digits not being a balanced numerals;
(b) a single letter or any combination of letters of more than six letters, not being a
balanced numeral;
(c) any combination of numerals and letters of  more than eight digits;
(d) any fraction or letter fraction consisting of more than eight digits together;
(e) any fraction or letter fraction having less than three digits together;
(f) any combination of numerals, and fractions of more than six digits;
(g) any combination of numerals, letters, fractions and letter fractions either having more
than eight digits or ending with a fraction of more than one digit in the numerator or
in the denominator;
(h) numerals or letters representing cloth dimensions;
(i) a balanced numeral which does not consist of  at least two more or two less digits
than a balanced numeral of the same series already registered in the name of a
different person, in respect of the same goods or description of goods.
147. Marks likely to deceive or to cause confusion.-  (1)  A  trade mark consisting of numerals,
letters, fractions, letter fractions or any combination thereof, and not being a balanced numeral shall
not be capable of being registered as a textile mark if it does not differ from a trade mark registered in
the name of a different person in respect of the same goods or similar goods-
a) in the case of a numeral  not  exceeding four digits, in at least one corresponding
digit;
b) in the case of a numeral of five digits, in at least two corresponding digits;
c) in the case of a numeral of six digits, in at least three corresponding digits;
d) in the case of a combination of two letters, in at least one corresponding letter;
e) in the case of a combination of three or four letters, in at least two corresponding
letters;
f) in the case of a combination of five or six letters, in at least three corresponding
letters;
g) in the case of a mark consisting of one letter and one numeral digit, in at least one of
them;
h) in the case of a mark consisting of one letter and two or three numeral digits, in at
least one corresponding numeral digit;
i) in the case of  a mark consisting of one letter and four or more numeral digits, in at
least two corresponding digits;IP/N/1/IND/T/2
Page 44
j) in the case of a mark consisting of two  or more  letters and one or more numeral
digits, in at least one corresponding letter and one corresponding numeral digit;
k) in the case of a fraction or letter fraction or any combination thereof in which the total
number of digits in the numerator and denominator is three or four, in at least one
corresponding  digit from either the numerator or the denominator
l) in the case of a fraction or letter fraction or any combination thereof in which the total
number of digits in the numerator and denominator is five or more, in at least one
corresponding  digit in the numerator and one corresponding digit in the denominator
or two corresponding digits in either the numerator or the denominator
m) in the case of a combination consisting of a numeral and a fraction in at least one
corresponding numeral digit;
n) in the case of a combination of letters, numerals and fractions (including letter
fractions)-
i) where the total number of digits excluding the fraction is not more than three
in at least one corresponding digit;
ii) where the total number of digits, excluding the fraction, is four or more, in at
least two corresponding digits.
(2) Nothing in sub-rule (1)  shall be construed to signify that where a trade mark does not
come within the scope of any case specified in the said sub rule, the mark shall necessarily be
registered as not being likely to deceive or to cause confusion.
PART V
REGISTRATION OF TRADE MARKS AGENTS
148. Register of Trade Marks Agents.- The Registrar of Trade Marks shall maintain a Register of
Trade Marks Agents wherein shall be entered the name, address of the place  of residence, address of
the principal place of business, the nationality, qualifications and date of registration of every
registered trade marks agent.
149. Registration of existing registered trade marks agents, code of conduct etc:.- (1)
Notwithstanding anything in rule 150 every person whose name has been entered in the Register of
Trade Marks Agents maintained under the old law shall be deemed to be registered as a trade marks
agent under  these  rules.
(2) The Registrar may publish in the Journal a code of conduct for the registered trade marks
agent authorising them to act as such.
150. Qualifications for registration.- Subject to the provisions of rule 151, a person shall be
qualified to be registered as a trade marks agent if he-
(i)         is a citizen of India;
(ii)      is not less than 21 years of age;
(iii)  has passed the examination  prescribed in rule 154 or is an Advocate within the
meaning of the Advocates Act,1961 (25 of 1961) or is a Member of the Institute of
Company Secretaries of India;
(iv) is a graduate of any university in India or possess an equivalent qualification; and
(v) is considered by the Registrar as a fit and proper person to be registered as a trade
mark agent.IP/N/1/IND/T/2
Page 45
151. Persons debarred from registration.- A  person shall not be eligible for registration as a
trade marks agent if he –
(i) has been adjudged by a  competent Court to be of unsound mind;
(ii) is an undischarged insolvent;
(iii) being a discharged insolvent  has not obta ined from the Court a certificate to the
effect that his insolvency was caused by misfortune without any misconduct on his
part;
(iv) has been convicted by a competent Court, whether within or without India of an
offence punishable with transportation or imprisonment, unless the offence of which
he has been convicted has been pardoned or unless on an application made by him,
the Central Government  by order in this behalf, has removed the disability;
(v) being a legal practitioner has been held guilty of professional misconduct  by any
High Court in India or by any Court beyond the limits of India;
(vi) being a chartered accountant, has been held guilty of negligence or misconduct by a
High Court; or
(vii) being a registered trade marks agent has been held guilty of professional misconduct
by the Registrar.
152. Manner of making application.-   All applications under the provisions of this Part shall be
made in triplicate and shall be sent to or left at that office of the Trade Marks Registry within whose
territorial limits the principal place of business of the applicant is situate.
153. Application for registration as a trade marks agent.- (1)  Every person desiring to be
registered as a trade marks agent shall make an application on Form TMA-1 .
(2) The applicant shall furnish such further information bearing on his application  as may be
required of him at any time by the Registrar.
154. Procedure on application and qualifying requirements.- (1) On receipt of  an application
for the registration of a person as a trade marks agent, the Registrar, if satisfied that the applicant
fulfils the prescribed qualifications, shall appoint a date in due course on which the candidate willappear before him for a written examination in Trade Marks Law and practice followed by an
interview. The candidate will be expected to possess a detailed knowledge of the provisions of the Act
and the rules and  knowledge of the elements of Trade Marks Law.
(2) The qualifying marks for the written examin ation and for interview shall be forty
percent and sixty percent respectively and a candidate shall be declared to have passed the
examination only if he obtained an aggregate of  fifty  per cent of the total marks.
155. Certificate of registration.- After a  candidate has been interviewed  and any further
information bearing on his application, which the Registrar may consider necessary has been obtained
and if the Registrar considers the applicant eligible and qualified for registration as a trade marks
agent, he shall send an intimation to that effect to the applicant  and any person so intimated may paythe prescribed fee for his registration as a trade ma rks agent. Upon receipt of the prescribed fee the
Registrar shall cause the applicant's name to be entered in the register of trade marks agents and shall
issue to him a certificate on Form O-4 of his registration as a trade marks agents.
156. Continuance of a name in the Register of trade marks agents.- The continuance of a
person's name in the Register of Trade Marks Agents shall be subject to his payment of the fees
prescribed in First Schedule.IP/N/1/IND/T/2
Page 46
157. Removal of agent's name from the register of trade marks agents.-  (1)  The Registrar
shall remove from the Register of Trade Marks Agents the name of any registered trade marks agent-
(a) from whom a request has been received to that effect ; or
(b) from whom the annual fee has not been received on the expiry of three months from
the date on which it   became due.
(2) The Registrar shall remove from the Register of Trade Marks Agents, the  name of
any registered trade marks agent-
(a) who is found to have been subject at the time of his registration, or thereafter has
become  subject , to any of the disabilities stated in clauses (i) to(vii) of rule 151; or
(b) whom the Registrar has declared not to be a fit and proper person to remain in the
Register by reason of any act of negligence, misconduct or dishonesty committed in
his professional capacity;
(c) whose name has been entered in the register by an error or on account of
misrepresentation or suppression of material fact:
Provided that before making such declaration under clause (b) and (c) the  Registrar  shall
call upon the person concerned to show cause why his registration should not be cancelled and shall
make such further enquiry, if any, as it may consider necessary.
(3) The Registrar  shall remove from the Register of Trade Marks Agents  the name of any
registered trade marks agent who is dead.
(4) The removal of the name of any person from the Register of Trade Marks Agents shall be
notified in the Journal and shall, wherever possible , be communicated to the person concerned.
 158. Power of Registrar to refuse to deal with certain agents.- (1)  The Registrar may refuse to
recognise-
(a) any individual whose name has been removed from, and not restored to the register;
(b) any person, not being registered as a trade marks agent, who in the opinion of the
Registrar is engaged wholly or mainly in acting as agent in applying for trade marks
in India or elsewhere in the name or for the benefit of the person  by whom he is
employed;
(c) any company or firm, if any person whom the Registrar could refuse to recognise  as
agent in respect of any business under these rules, is acting as a director or manager
of the company or is a partner in the firm.
(2) The Registrar shall also refuse to recognise as agent in respect of any business under this
rule any person who neither resides nor has a place of business in India
159. Restoration of removed names.- (1)  The Registrar may , on an application made in Form-
TMA-2  within six months from the date of removal of his name from the Register of Trade Marks
Agents accompanied by the fee specified in the First  Schedule from a person whose name has been
removed under clause (b) of sub-rule(1) of rule 157, restore his  name to the Register  of Trade Marks
Agents and continue his name therein  for a period of one year from the date on which his last annual
fee became due.
(2)  The restoration of a name to the Register of Trade Marks Agent shall be notified in the
Journal and shall be communicated to the person concerned.
  IP/N/1/IND/T/2
Page 47
160. Alteration in the Register of trade marks agents.- (1)  A registered trade marks agent may
apply in Form TMA-3  for alteration of his name, address of the place of residence, address of the
principal place of business or qualifications entered in the Register of Trade Marks Agents. On receipt
of such application and the fee prescribed in that behalf, the Registrar shall cause the necessary
alteration to be made in the Register of Trade Marks Agents.
(2) Every alteration made in the register of trade marks agents shall be notified in the Journal.
 161. Publication of the Register of Trade marks Agents.- The Registrar shall ordinarily publish
the list of  Agents in the register of trade marks agents shall be published in the Journal from time to
time and at least once in two years together with their address as entered in the register, the entries
being arranged in the alphabetical order of the surnames of the registered trade marks agents and
copies thereof shall be placed for sale.
162. Appeal.- An appeal shall lie to Intellectual Property Appellate Board from any order or
decision of the Registrar in regard to the registration or removal of Trade Marks Agents under Part V
of these rules, and the decision of the Appellate Board shall be final and binding.
PART VI
PROVISIONS RELATING TO TESTING AND MARKING OF PIECE-GOODS AND YARN
163. Definitions.- For the purposes of this Part, unless the context otherwise requires-
(a) "count" in relation to yarn means the relati on of length to weight thereof  in the
English system or the Metric system, as follows:-
(i) The English count for yarn shall be the number of hanks each of 840 yarns in length
that weight one pound avoirdupois or in other words the number of yards of yarn that
weight 8.3 grains.
        (ii) The metric count for all yarn with the exception of raw and prepared silk shall
represent the  relation between 1000 metres of yarn to 500 grammes or 2 metres to 1
grammes or in other words half the number of hanks (each of 1,000 metres length)
that weigh 500 grammes.  
The English count No. of yarn X0.847 the metric count.  The metric count No. of
yarn XI.181- the English count.
(iii) the metric count for raw and prepared silk shall be the weight in grams of 10,000
metres of yarn.
(b)  "Customs collector" shall have the meanin g assigned to the term in the Customs Act,
1962.(52 of 1962)
164. Testing for length and width of piece-goods.- (1) In testing for length of piece-goods such
as are ordinarily sold by the length or by the piece the measurement shall be made along the selvage.
     (2)  In testing piece-goods aforesaid for width the cloth shall be measured by each of the following
methods and the mean of the measurements so taken shall be adopted. Care shall be exercised in
applying each method to select a portion of the cloth where the creases are fewest, and the warp andweft respectively as straight as possible.IP/N/1/IND/T/2
Page 48
(a) A double-fold of the cloth shall be laid on the table and the creases smoothed out, so
that it may lie perfectly flat. The measuring rod shall then be placed across the cloth,
and the finger and thumb run down the rod on each side of it across the cloth so as to
once more flatten the creases. Care shall be taken in doing this to see that whilst the
creases are smoothed out, stretching is avoided and the warp threads remain
perpendicular to the rod. The measurement shall then be recorded.
(b) A fold of the cloth shall be taken, and the doubled edge held between a finger and
thumb at each end, and extended over the measuring rod which shall  be kept flat on
the table. The extension shall be sufficient to remove the creases but not to stretch the
warp out of the perpendicular.
165. Allowances for peculiarities of cloth and for stretching.- (1)  In taking the measurements
aforesaid the peculiarities of the cloth under measure shall be taken into consideration and dueallowances be made for these characteristics.
(2) If owing to the peculiarities of the cloth it is found difficult to determine a reasonable
degree of tension for purposes of measurement, the mean between stretching to the full  and not
stretching, shall be adopted.
(3) The influence of stretching for length on the width shall always be taken into account in
measuring cloth. Where the cloth has been stretched lengthwise in the making, it will lose in length as
the weft is straightened to measure the width. It may then have to be ascertained, whether the trade
description of length does not become false in the process of making that for width correct. Toascertain this a measurement along the selvages both lengthwise and across shall be made.
 166.Testing of yarns. - Yarns may be tested by the customs- collector for length and count when
he has reason to suspect or on information by any informant that the trade description is false.
167. Number of samples to be selected.- A testing of yarns to test the accuracy of the description
of count or length shall be made, in the first instance, up to the limit of one bundle in every one
hundred bales or fractions of one hundred bales in a consignment.
168.Further testing .- If, on such testing the difference between the average count or length and
the described count or length is in excess of the variation permitted in the notification  issued by the
Central Government  under section 121 of the Act, the  importer or any other person having any claim
to or in relation to, goods in question or otherwise  interested may apply for a further testing.
  
 169. Manner of selection and testing of Samples.- The test to determine length of yarns shall be
as follows:-
(i) From every one hundred bales, or fraction of 100 bales, in a consignment one bundle,
shall be selected at random. The hanks in this bundle shall then be measured on the
warp wheel one after the other, in the presence of the importer or any other person
interested as is referred to in the last foregoing rule, or his representative and the
length noted, the process being continued (within the limits of the bundle) until eitherthe importer or other person, as the case may be, is satisfied that the yarn is short, or
the average of the length noted shows that it is of full length.
(ii) When the importer or other person is dissatisfied with the test aforesaid he may, on
payment of the cost, require the customs-collector to measure more hanks up to 1
percent of the total number of hanks in the consignment, such hanks being taken atrandom by an officer of the customs out of any bundles in the consignment.IP/N/1/IND/T/2
Page 49
  170. Stove Test.- (1)  The stove test may be applied by the customs officers only in cases where
weighment by the ordinary methods shows the weight of the yarn to be short or in which the feel and
appearance of yarn indicate that it is abnormally moist or over-conditioned or where the importer
demands the test. Where the test is carried out on demand by the importer, the fee levied for carrying
out the test shall be returned if the test fails to support the original determination of count and length
by the customs officers. If more than one application of the test is demanded a further fee shall belevied for each fresh test, the whole sum charged be ing retained or refunded according to his final
decision on the results of the tests.
(2) (a) In carrying out the stove test, in the case of cotton yarn a regain of 8 1/2  per cent shall
be added to the weight obtained after the yarn is reduced to an absolute dry conditions, and the figure
so obtained shall be regarded as the actual weight of the yarn under normal conditions.
(b) In the case of silk, or woollen or other yarns other than cotton yarn the regain to be
added to the weight obtained after reducing such yarns to dry condition shall be according to the table
of officials standards supplied with the stove test apparatus.
 171. Place of testing.- The testing of piece-goods and yarn referred to in rules 164 to 170  shall be
made at the customs laboratories or at such place and by such officer as the customs-collector maydirect.
172. Security.- The customs-collector may require from an y informant referred to in rule 166
security not exceeding five hundred rupees and where he is satisfied that the information given is
wilfully false, the security shall be forfeited.
STAMPING OF PIECE-GOODS COTTON YARN AND UNDER SECTION 81
173. Piece-goods.- "Piece-goods such as are ordinarily sold by length or by the piece"
(hereinafter referred as "piece-goods)" shall for the purposes of section 81 of the Act  or the Customs
Act, 1962(52 of 1962) include cotton piece-goods, woollen piece-goods, silk piece-goods, art silk
piece-goods of synthetic fibre and other piece-goods of mixed fabrics, shall not include the following
descriptions of goods namely:-
(a)Alhambras, except Alhambras quiltings.
Blankets.
Blind Cloth in cut-pieces.
Book-Binding cloth in cut-pieces.
Buckrams in cut-pieces.
Carpets (in rolls).Counterpanes.
Decatising wrappers.
Dusters in woven pieces.
Embroidered all-overs and embroidered saris of all sorts.
Embroidered flounces.Filter cloth.
Glass cloth in woven pieces.
Handkerchiefs in woven pieces.
Laces and nets including Cotton Brettone nets.
Lace curtain cloth.Pillow Calico (Tubular)
Prayer Mats.
Press cloth in cut pieces.IP/N/1/IND/T/2
Page 50
Quilts.
Rugs.
Sarongs up to 2.28 metres in length.
Shawls (finished ) with ends hemmed or fringed, imported singly or in pieces, containing
two or more shawls.
Sponge Cloth (for swabs).Teddy Bear or imitation Seal Skin Cloth.
Towels in woven pieces.
Woollen cleaner cloth.
Woollen knitted cloth
Woollen roller cloth.
Woollen sizing Flannel.
(b) (i)  Cotton remnants or cut lengths measuring less fifteen yards (or fourteen meters)
which are not in current ordinary trade practice sold by length or by the piece;
(ii) Fents regardless of their length, which are so defective owing to accidents in the
weaving, dyeing or printing that they are not ordinarily capable of being sold by
length or by the piece.
174. Stamping of piece-goods.- (1)  Piece-goods which have been manufactured, bleached, dyed,
printed  or finished in India in premises which ar e a factory as defined in the Factories Act,1948 (63
of 1948) shall be stamped with the particulars required under sub-section(1) of section 81.
(2) In the case of piece-goods manufactured outside India (each piece shall be marked
with the name of the manufacturer, exporter, or wholesale purchaser in India of the goods and with
the real length of the piece in standard yards or in standard metres as required under  Sea Customs
Act, 1962(52 of 1962).
175. Cases where requirement as to stamping may be waived.- (1)  The customs-collector may
not detain any unstamped piece-goods if he is satisfied that although they are not mentioned in the list
of excepted goods under rule 173 they are of such  a nature that they would be liable to serious
depreciation in value if stamped:
Provided , however,   where a customs-collector exercises his discretion under this sub-rule,
he shall forthwith report the case, sending a sample of the goods to the Central Government through
the Central Board of Revenue, so that the question of issuing general orders in favour of such goods
may be considered.
(2) Cotton and woollen piece-goods imported for the personal use of individuals or private
associations of individuals and not for trade purposes need not be stamped.
176. Nature of stamping  required.-  (1)  In marking the length of the piece-goods the words
"yards" or ‘yds’ “metres” shall accompany the numerals, and in the case of cut-lengths or pieces of
the kind other than that described in clause (b) of rule 173, the number of pieces shall be marked as
well as the  yards or metres on the front or outer face fold of the cut-piece, the figures being presented
in a way to show clearly what they are intended to mean.
(2) The length shall  be in standard yards  or fractions of such yards or standard metres or
fractions of a metre  and shall represent the actual length of the goods, and not the length before
shrinkage or dryage, resulting from processes such as dyeing, or from atmospheric changes which can
reasonably be foreseen. Marking in inches or centimetres may be permitted on cloths of smalldimensions and delicate make in accordance with the custom of the trade.IP/N/1/IND/T/2
Page 51
(3) The marking shall be such that it is not li kely to be removable except by washing the
fabric or in the case of goods that are not ordinarily washed, it shall be of such  nature that it is not
likely to be obliterated in the ordinary course of handling before the goods reach the purchaser.
(4) The marking shall be conspicuous and in a different colour from that of the fabric, upon
the fabric itself, and not upon a removable label or ticket. The marking shall not be upon an inner foldwhich cannot readily be seen, nor upon a wholly detached piece, but it may be upon piece that  is
partly detached without being entirely severed. In the case of sarongs which are required to be
stamped, the stamping may be made on the selvage in the inner fold instead of one the uppermost fold
of the cloth. Marks which are stitched on the fabric and are easily removable by cutting shall not be
permitted.
177. Languages and numerals to be used for marking.- All markings required by sub-section(2)
of section 81 shall be in English and the international form of Indian numerals shall be used.
178. Indications of weight, length, name of manufacturer etc., (1)  The weight of yarn or thread
in each bundle or unit shall ordinarily be indicated thereon in  pounds or ounces in the English systemor in grammes according to the metric system.
(2) The length of threads in each bundle or unit shall be indicated thereon in  yards or metres.
(3) The name of the manufacturer or of the wholesale purchaser in India shall be indicated in
full or, provided that the said name is clearly and unambiguously indicated thereby in an abbreviated
form, on each bundle or unit.
179 Manner of marking cotton yarn and cotton thread.-  (1)  Each bundle of cotton yarn shall
be marked with the particulars required under Sub-section (2) Section 81 of the Act by one or moreinscribed wrappers, labels or cards applied, affixed or stitched thereto, provided that all the required
particulars shall be contained  on the exposed surface.
(2) Units  of cotton thread shall be marked with the required particulars-
(a) When made up in skeins, by an inscribed label applied round each skein or bundle of
skeins or secured by twine thereto;
(b) When made up in balls, by an inscribed label attached to each ball, or inserted therein
but remaining exposed;
(c) When wound on cards, wheels, or stars, by inscription on the exposed portion of the
card, wheel or star;
(d) When wound on reels, by one or two  inscribed label applied to the end or ends of the
reel;
(e) When wound on paper tubes or cones, by an inscribed label applied round or
otherwise affixed to the thread or to the exposed portion of the outer surface of the
tube or cone, or, where the diameter of the tube or cone is sufficient for the label to be
clearly exposed to views, to the inner surface  of the tube or cone, or, by inscriptionon the exposed portion of the outer surface of the tube or cone;
(f) When made up in any other form, by an inscribed label or card applied, affixed or
stitched to or enclosed or inserted in, such make up.
(3)Labels or cards used in accordance with sub-rules (1)and (2) shall be so applied as not to
be easily detachable or removable from a bundle of cotton yarn or from each unit of cotton thread in
the ordinary course of handling before it reaches the normal consumer.IP/N/1/IND/T/2
Page 52
180. Marking of cover.- Where units of cotton thread are enclosed in a cover, such cover shall
be marked with the required particulars.
      
181. Markings to be clear and distinct.- All markings on bundles of cotton yarn or units of cotton
thread shall be legible, distinct and in a colour which is not likely to be easily obliterated and which
shall be different from the colour of the surface marked.
  
182. Manner of expressing count of cotton-yarn.- The count of cotton yarn shall ordinarily be
expressed in English the  metric system by adding the letter 'S' after the numeral or numerals where,
however, a bundles is packed on the metric system, the count shall be  accompanied by the words
"metric count" or by some other clear and definite indication conveying the fact and in the absence of
such words or indication the marketing shall be regarded as indicating that it is in he English system.
  
 183.Indication of other particulars.- Nothing in rules 177  shall be construed as prohibiting the
indication in any manner  of other particulars relating to the cotton yarn or cotton thread so long as the
conspicuousness of the required particulars is not affected thereby.
184. Exemptions.- All premises where the work is done by members of one family with or without
the assistance of not more than ten other  employees and all premises controlled by a co-operative
society where not  more than twenty workers are employed in the premises shall be exempted from
the operation of rules 177 to 182.
PART VII
REPEAL
185. The Trade and Merchandise Marks Rules, 1959 are hereby repealed without prejudice to
anything done under such rules before the coming into force of the rules.IP/N/1/IND/T/2
Page 53
THE FIRST SCHEDULE
[See rule 11]
Fees
Entry
No.On what payable Amount
Rs.P.Corresponding Form
No.
1. On application to register a trade mark for a
specification of goods or services included in
one class (Section 18(1)) 2500.00 TM-1
2. On application to register a textile mark
(other than a certification trade mark,
or a collective mark) consisting exclusivelyof numerals or letters or any combination
thereof for a specification of goods  included
in one item of the Fifth Schedule under Rule
25(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 u/s 18(2) for the
Registration of a trademark for different
classes of goods or services2500.00  for each class TM-51
6. On application to register a series  trade
marks under section 15 for a specification of
goods or services included in a class.(i)For one trade mark
in the class 2500.00
(ii)For each additionaltrade mark.. 2500.00
(iii)For each additional
class ..        2500.00TM-8
7. On a application to register a series of trade
mark from convention country under section
154(2)  for a specification of goods or
services included in a class  or classes(i)For one trade mark
in the class 2500.00
(ii)For each additional
trade mark.. 2500.00
(iii)For each additional
class ..        2500.00TM-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-4IP/N/1/IND/T/2
Page 54
10. On an 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 combinationthereof for a specification of goods included
in one item of the Fifth  Schedule under
Rule 145 from a convention country
under section 154(2)  2,500.00 TM-45
11. On a request under Rule 40(1) to state
grounds  of decision. 1,000.00 TM-15
12. On a notice of opposition under
Section 21(1),64, 66  or 73 for each class
opposed2,500.00 TM-5
13. On application for extension of time
for filing notice of opposition underSection 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 sections 47,
and 57 in  respect of each trade mark, or inanswer to a notice of opposition under
Section 59 or Rule 101 for each application
or conversion opposed. 1,000.00 TM-6
15. On notice of intention  to oppose hearing
under any of the Sections 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
dissolutionTM-14
17. For renewal under Section 25 of the
Registration of a trade mark in a class at theexpiration 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
for each class at the  expiration of the last
registration-   5,000.00TM-12
19. For renewal under Section 25 of a single
application  of a  trade mark  for goods orservices  in more than one class –
in respect of every class      
   5,000.00for each class TM-12
20. For renewal under section 25 of the
registration of a collective mark/ certification
trade mark10,000.00 TM-12IP/N/1/IND/T/2
Page 55
21. On application under Section 25(4)
for restoration and renewal after six months
are within one year form the expiration of the
last registration of a trade mark removed
from the register5,000.00 plus fee
applicable for renewal
under entries 17 to 20TM-13
22. On application for renewal under proviso to
 section 25(3) within six months from theexpiration of last registration of the trade
mark.3,000.00 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 assignment2,500.00
  500.00TM-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 transfer2,500.00
      
500.00TM-19
25. On application under Section 42 for
directions of a Registrar foradvertisement of assignment  without
goodwill of trade mark   in use -
    For the First mark assigned
For every additional mark assigned
    with the same devolution of title2,500.00
2,500.00
  500.00TM-20
26. On application for extention of time   for
applying for directions under  Section 42 for
advertisement of assignment withoutgoodwill  of  trade mark in use  in respect of
devolution of title-
not exceeding one month 
not exceeding two monthsnot exceeding three months  500.00
1000.001500.00TM-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 but before 12
months from the date of   acquisition of
proprietorship       
If made after 12 months from date of  but
Before 12 months from the date of
acquisition  of proprietorship5000.00
7500.00TM-23 or TM-24
      
TM-23 or TM-24
TM-23 or TM-24IP/N/1/IND/T/2
Page 56
If made after 12 months from the date of
acquisition of proprietorship10,000.00 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 expiration of six months but
before 12 months from the date of
acquisition of proprietorship -
For the first mark
For every additional mark
If made after expiration of 12 months from
the date of acquisition of proprietorship -
For the first markFor every additional mark5000.00
1000.00
7500.00
1500.00
10000.00
 2000.00TM-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 companyas subsequent proprietor of trade marks on
one assignment:-
Not exceeding two months
Not exceeding four monthsNot exceeding six months 500.00
1000.001500.00TM-25
30. On application under any of  the Section 47,
and 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 mark3000.00 TM-26
31. On application under Rule 94 for leave to
intervene in proceedings under any of the
sections 47 and 57 for rectification of theregister 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-27IP/N/1/IND/T/2
Page 57
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 oneregistered 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 agreement5000.00
3000.00TM-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 markFor every additional mark included in the
application`
5000.00
2500.00TM-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
application2500.00
2500.00
 500.00TM-30
36. On application under clause (c) or (d) 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 mark5000.00
5000.00TM-31IP/N/1/IND/T/2
Page 58
For every additional mark included in the
application2000.00
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 statutoryrequirement 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
application1000.00
1000.00
1000.00
  500.00TM-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
200.00TM-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 includes 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
 200.00TM-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).TM-50IP/N/1/IND/T/2
Page 59
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
42. On application under clause (c) of
sub-section 1 of Section 58 for cancelling the
entry or part thereof  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 to 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
application2500.00
2500.00
1000.00TM-38
44. On notice of opposition under sub-section (2)
of Section 59 to an application for leave toadd or to alter a registered trade mark for
each application opposed1500.00 TM-39
45. On application under section 60 for
conversion of specification1000.00 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 opposition1500.00
1500.00
 700.00TM-41
47. On application under section 66 for
amendment of the deposited regulations of a
collective mark or alteration under section
74(2) of the regulation of a certification trademark –
Where the marks are entered in the register
as associated trade marks –
For the regulation of one registration1000.00
1000.00TM-42IP/N/1/IND/T/2
Page 60
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 200.00
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 771000.00 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 markin respect of one class1000.00 TM-55
51. On request for certificate of the Registrar
under Section 137 [other than certificate
Under Section 23(2)] 500.00 TM-46
52. On request for certificate of 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 clerical error or for
amendment, except where the request  is
made as a result of an order of  a public
authority or in consequence of a statutoryrequirement 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 Registrar's
decision under section 127(c)2000.00 TM-57
58. On petitions(not otherwise charged) for
obtaining Registrar's orders on any
Interlocutory matter in a contested
proceeding2500.00
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):-
(a) relating to any particular trade mark for
every hour or part thereof200.00IP/N/1/IND/T/2
Page 61
(b) computer search (when made available)
for every 15 minutes
(c)search of indexes mentioned in section
148 for every hour or part thereof400.00
200.00
61. For copying of documents, (Photocopy or
typed)for every page or part thereof in excess
of one page5.00 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 counterstatement in answer  to a notice
of opposition , in respect of collective mark
or a certification trade mark under section64, 66, 73, or 771500.00 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 whichcontains 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,1999to refuse or invalidate a trade mark
containing or consisting of a geographical
indication not originating in the territory of a
country, or a region or locality in that
territory which the geographical indicationindicates.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 22.1,000.00
Plus appropriate
class feeTM-53
69. On application under sub-rule (16) of rule 25
towards inclusion of specification of goodsor 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 mark1000.00 TM-62IP/N/1/IND/T/2
Page 62
71. On application under rule 38(1) for the
expedited examination of an application for
the registration of a trade mark12500.00 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)10000.00 TM-64
73. On application under section 71 to register a
certification trade mark  for a specification ofgoods or services included in a class from
convention country under section 154(2).10000.00 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-70
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 marks agent under Rule 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 underRule 156:-
For every year (excluding the first year) to be
Paid on the 1
st 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
entryNo.79TMA-2
81. On application for an alteration of any entry
in the Register of Trade Marks Agent underrule 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 500.00IP/N/1/IND/T/2
Page 63
83. On a single application under section 18(2)
for the registration of a collective mark for
different classes of goods or services10000.00 for each
classTM-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.10000.00 for each
classTM-67
85. On a single application under section 18(2)
for the registration of a certification trademark for different class of goods or services10000.00 for each
classTM-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)10000.00 for each
classTM-69
87. On request  for search and issuance of a
certificate pursuant to clause (ii) of sub-
section (2) of section 20 of the CompaniesAct, 19565000.00 TM-75IP/N/1/IND/T/2
Page 64
THE SECOND SCHEDULE
FORMS
List of Forms
Form
No.Section of the
ActTitle Entry number of
First Schedule
TM-1 18(1) 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
mark8
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 counter statement 14
TM-7 21(5), 47, 57
and  59, 64,66,
73 and 77Notice of intention to attend hearing 15 and 67
TM-8 15(3) Application for registration of series trade
marks for goods or services in a class or
different classes6
TM-9 64, 66, 73 & 77 Form of counterstatement  in answer to  Notice
of Opposition in respect of a collective mark or
a certification trade mark63
TM-10 Provision to
section 25(3)Payment of surcharge towards renewal of trade
mark, certification trade mark or a collective
mark.22
TM-11 Rule 32 Request for search and issuance of certificate
under rule 3287
TM-12 Application for renewal after expiry of last
registration of a trade mark/collective mark/
certification trade mark17 to 20
TM-13 25(4) Application for restoration of a trade mark
removed from the register21
TM-14 16(5) Application to dissolve association between
registered trade mark16
TM-15 Rule 40 Request for statement of grounds of decision 11
TM-16 18(4) 22 and 58
rule 41Request for correction of clerical error or for
amendment55IP/N/1/IND/T/2
Page 65
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) rule 68 Affidavit in support of statement of case
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 and rule 74
(3)Application for extension of time in which to
apply for the Registrar’s directions for theadvertisement 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  145Application 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 thereoffor a specification of goods  included in one
item of the Fifth Schedule under rule 1452
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 samedevolution 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 rule 92, Application for the rectification of the register
or the removal of a trade mark from the
register.30
TM-27 Rule 94 Application for leave to intervene in
proceedings relating to the rectification of the
register or theremoval 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 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.34IP/N/1/IND/T/2
Page 66
TM-30 50(1)(b) Application by the Registered Proprietor of
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)Application for cancellation of entry of a
registered user of a trade mark of a trade mark36
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 mark37
TM-33 58 Request to enter change of name or description
of registered proprietor (or registered user oftrade mark upon the register).38
TM-34 58 Request for alteration of the address of the
Principal place of business of residence in
India or of the address in the home country
broad in the Register of Trade Marks39
TM-35 58 (1) (c ) Application by registered proprietor of trade
mark for the cancellation of entry thereof in the
register.42
TM-36 58(1) (d) Application by registered proprietor of trade
Mark to strike out goods or services from those
for which the trade mark is registered.42
TM-37 15(3)
rule 25(11)26and 31Application in respect of series trade mark
from convention countries under section154(2)for goods or services in  a class or for
different classes7
TM-38 59 Application by registered proprietor under
Section 59  for an addition to or alteration of a
registered trade mark43
TM-39 59(2) rule 99(2) Notice of opposition to application for addition
to or alteration of a registered trade mark44
TM-40 60 rule 101 Application by the proprietor of a registered
trade mark for the conversion of the
specification45
TM-41 60(2)
rule 101(4)Notice of opposition to proposal for conversion
of specification under section 60(2)46
TM-42 66, 74(2) Request for amendment of deposited
regulations governing the use of a collective
mark or alteration of deposited regulation of acertification trade mark47
TM-43 66, 77 rule 133,
139Application for removal from the register of a
collective mark or to cancel or vary the
registration of a certification trade mark48
TM-44 21(1) rule 47(6) Application for extension of time for giving
notice of opposition to a trade mark13
TM-45 Rule 25(6), 144
and 145An 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  included in one item ofthe Fifth Schedule  from a convention country10IP/N/1/IND/T/2
Page 67
u/s 154(2)
TM-46 137, 148(2) Request for certificate of the Registrar  or
certified copies of documents51 to 53
TM-47 141 rule 124 Request for entry in the register and
advertisement of a note of the certificate ofvalidity by the Appellate Board.54
TM-48 145 rule 21 Form of Authorisation of Agent in a matter or
proceeding under the Act
TM-49 63(1), 74(1)
rule 128(5) or
135(1)Regulations for governing the use of collective
trade mark or certification trade mark
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) A single application under section 18(2) for
registration of a trade mark for goods orservices in different classes.5
TM-52 18(2) rule 25(4) A single application u/s 18(2) for registration
of a trade mark from convention country u/s
154(2)4
TM-53 Proviso to
section 22,
rule 104Divisional application 68
TM-54 rule 24(1) Request for search 49
TM-55 133(1) Preliminary advice as to distinctiveness 50
TM-56 131 Request for extension of time 56
TM-57 127 (c ) On application for review of Registrar’s
decision57
TM-58 Rule 46 Application for particulars of advertisement of
a trade mark59
TM-59 Rule 62(3) Application for duplicate or further copy of
certificate of registration62
TM-60 Rule 24(3) Application for search and certificate under
Section 45(1) of the Copyright Act, 195764
TM-61 Rule 25(16) Application for inclusion of specification of
goods or services in excess of 500  characters69
TM-62 43 rule 140(2) Application for the consent of the Registrar to
rule Assignment or transmission of
certification trade mark70
TM-63 Rule 38(1) Application for expedited examination of an
application for the registration of a trade mark
under rule 38(1)71
TM-64 63(1)
rule 128(1)Application to register a collective mark for a
specification of goods or services included in a
class from a convention country under section154(2)72IP/N/1/IND/T/2
Page 68
TM-65 Rule 135(1) Application  under section71 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) Single application for registration of a
collective mark for different classes of goods
or services83
TM-67 18(2) 63(1)
154(2)Single application for registration of a
collective mark for different classes of goodsor services from a convention country under
section 154(2)84
TM-68 18(2), 71 Single application for registration of a
certification trade mark for different classes of
goods or services85
TM-69 18(2), 71 154(2) Single application for registration of a
certification trade mark for different classes of
goods or services from a convention country
under section 154(2)86
TM-70 Proviso to
rule 119Request for expedited certificate of the
Registrar or certified copies of documents74
TM-71 Proviso to
rule 24(1)Request for expedited  search  in respect of one
class75
TM-72 Rule 24(5) Request for expedited search certificate under
section 45(1) of the Copyright Act, 195776
TM-73 Section 25(a) of
GeographicalIndications of
goods
(Registration
and Protection)
Act, 1999,rule 74(2) of
Geographical
Indications
Goods Rules,
2002 and rule102 of Trade
Marks Rules,
2002.Request to refuse or invalidate a trade mark
consisting of a Geographical Indication.66
TM-74 Section 25(b) of
the
Geographical
Indications ofGoods
(Registration
and Protection)
Act, 1999,
rule 75(2) of
Geographical
IndicationGoods RulesRequest to refuse or invalidate a trade mark
conflicting with or containing or consisting of
a geographical indication notified under sub-
section (2) of section 22 of the GeographicalIndications of Goods (Registration and
Protection) Act, 199965IP/N/1/IND/T/2
Page 69
and rule 102 of
Trade Marks
Rules, 2002
TMA-1 Rule 153 Application for registration as a trade mark
agent77
TMA-2 Rule 159 Application for restoration of the name of
person to the Register of Trade Marks Agents80
TMA-3 Rule 160 Application for the alteration of an entry in the
Register of Trade Marks Agents.81IP/N/1/IND/T/2
Page 70
FORM TM-1
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fee: Rs.2500/-
Application for registration of a trade mark for goods or services (other than a  collective mark
or a certification trade mark) in the register
Section 18(1), Rule 25(2).
(To be filed in triplicate accompanied by five  additional representations of the trade mark)
One representation to be fixed within this
space and five others to be sent separately.Representation of a larger size may be
folded but must then be mounted upon  linen
or other suitable material and affixed hereto.
See rule 28.
Application is  hereby made for registration in  the register of the accompanying
trade mark in class 1  .................................. in respect of 2  ........................in the name(s) of
3................... whose address is 4   ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used 5 or  (and by whom and his (their) predecessor(s) in title 6
the said mark has been continuously used since ..........] in respect of the said goods or services.7
8..................................9................................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10..SIGNATURE
    NAME OF SIGNATORY IN  LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at 11…..
1. The Registrar's direction may be obtained if the class of the goods or services is not known.2. Specify the goods or services for the class  in respect of which application is made.   A
separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed 500  characters.  An excess space fee of Rs.10 per
character is payable beyond this limit.  See rule 25(16). The applicant must state the exactIP/N/1/IND/T/2
Page 71
number of  excess characters where the specification of goods or services exceeds 500
characters at the space provided immediately before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, asthe case may be, should be stated.  See rule 16.
4. The applicant shall state  the address of  his principal place of business in India,  if any.  See
rules 3 and 17(If the applicant carries on business in the goods or services for which
registration is sought at only one place in India, such fact should be stated and the address of
the place given.  If the applicant carries on business in the goods or services  concerned at
more places than one in India the applicant should state  such fact and give the address of thatplace of  business which he considers to be his principal place of business. If, however, the
applicant does not carry on business in the goods or services concerned but carries on
business in other goods or services at any one place in India this fact should be stated and the
address of that place given; and where the applicant carries on such business at more places
than one in India such fact should be stated  and  the address of the place which he considersto be  his principal place of business given.  Where the applicant is not carrying on any
business in India  the fact should be stated  and  the place of his residence in India, if any,
should  be stated and the address of that place given.  In addition to the principal place of
business or of residence in India, as the case may be, an applicant may if he so desires given
an address in India to which communications  relating to the application may be sent). seerule 19.  Where the applicant has neither a place of business nor of residence in India the fact
should be stated and an address for service in India given along with his address in his home
country abroad.
5. Strike out if the mark is already in use6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods or services in  respect of which the mark has actually been used should be
stated.
8     For additional matter if required, otherwise to be left blank .9      If colour combination is claimed, clearly indicate it and state the
colours. If the application is in respect of a  three dimensional trade mark  statement to that
effect  [See Rule 25 and 29 ] .
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Sec. 145.)
11. State the name of the place of the appropriate office  of the Trade Marks Registry.[See
Rule 4].IP/N/1/IND/T/2
Page 72
FORM TM-2
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fee: Rs.2500/-
Application for the registration of a trade mark (other than a collective mark or a certificate
trade mark) in the Register from a convention country
[Sections 18(1), 154(2); Rules 25(3), 26]
(To be filled in triplicate accompanied by  five  additional representation of the trade mark)
One representation to be fixed
within this space and five others to
be sent separately.  Representation
of the larger size may be folded but
must then be mounted upon linen or
other suitable material affixedthereto.( See rule 28.)
Application is  hereby made for registration in  the register of the accompanying
trade mark in class 1  .................................. in respect of 2  ........................in the name(s) of
3................... whose address is 4   ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used 5 or  (and by whom and his (their) predecessor(s) in title 6
the said mark has been continuously used since ..........] in respect of the said goods or services.7
The application in a convention country to register the trade mark has been made in
on…….
A certified copy certified by an official of the convention country in which the  application
was filed is enclosed (along with its translation in English).
I/We request that the trade mark may be registered with priority date based on the above
mentioned  application in a convention country under the provisions of Section 154 of the Act.
8..................................9................................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10..SIGNATURE
               NAME OF SIGNATORY IN  LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at 11 .......................
1. The Registrar's direction may be obtained if the class of the goods or services is not known.IP/N/1/IND/T/2
Page 73
2. Specify the goods or services for the class  in respect of which application is made.   A
separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed 500 characters.  An excess space fee of Rs.10 per
alphabetic character is payable beyond this limit.  See rule 25(16). The applicant must state
the exact number of  excess alphabetic characters where the specification of goods or servicesexceeds 500  character at the space provided immediately before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
4. The applicant must state  the address of  his principal place of business in India.  if any.  See
rules 3 and 17(If the applicant carries on business in the goods or services for which
registration is sought at only one place in India such fact should be stated and the address of
the place given.  If the applicant carries on business in the goods or services  concerned at
more places than one in India the applicant should state  such fact and give the address of thatplace of  business which he considers to be his principal place of business. If, however, the
applicant does not carry on business in the goods or services concerned but carries on
business in other goods or services at any one place in India this fact should be stated and the
address of that place given; and where the applicant carries on such business at more places
than one in India such fact should be stated  and  the address of the place which he considersto be  his principal place of business given.  Where the applicant is not carrying on any
business in India  the fact should be stated  and  the place of his residence in India, if any,
should  be stated and the address of that place given.  In addition to the principal place of
business or of residence in India, as the case may be, an applicant may if he so desires given
an address in India to which communications  relating to the application may be sent). seerule 19.  Where the applicant has neither a place of business nor of residence in India the fact
should be stated and an address for service in India given along with his address in his home
country abroad.
5. Strike out if the mark is already in use6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods or services in  respect of which the mark has actually been used should bestated.
8.         For additional matter if required, otherwise to be left blank.9.    If colour combination is claimed, clearly indicate it and state the colours . If the
application is in respect of a  three dimensional  mark,  statement to that effect [See Rule 25
and 29 ] .
10.       Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Sec. 145).
11. State the name of the place of the appropriate office  of the Trade Marks Registry.[See
Rule 4].IP/N/1/IND/T/2
Page 74
FORM TM-3
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee Rs.10,000/-
Application for registration of a Collective Trade Mark
[Section 63(1), Rules 25(7)(a) and  128(1)]
(To be filed in triplicate and accompanied by five  representation of the collective mark and three
copies of the draft regulation in Form TM-49 ).
________________________________________________________________________One representation to be fixed within this space and  four others to be sent separately.  Representation
of a larger size may be folded but must then be mounted upon linen or other suitable material and
affixed hereto: see rule 28.
_______________________________________________________________________
Application is hereby made for registration in th e register of the  accompanying Collective Trade
Mark in class[1] ...............in respect of[2]   ......................in the name of [3] .................... whose
address is [4] ......................................................
All communications relating to this application may be sent to the following address in India:-
Dated this ...............day of ............20.......
5.................
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at [6]
1. Registrar's direction may be obtained if the class is not known.
2. Specify the goods or services for the class in respect of which application is made. A separate
sheet detailing the goods or services may be used.  The specification of goods or services
should not ordinarily exceed 500 characters.  An excess space fee of Rs.10 per  character ispayable beyond this limit.  See rule 25(16). The applicant must state the exact the  number of
excess  characters where the specification of goods or services exceeds of 500  characters at
the space provided immediately before the signature.IP/N/1/IND/T/2
Page 75
3. Insert the full name, description (occupation, calling and nationality) of the applicant.  If the
applicant is a body corporate, the nature and country of incorporation should be stated. See
Rule 16.
4. Here insert the full address of the applicant. [Address of the principal place of  business or of
residence in India, if any  or address for  se rvice in India together with the address in the
home country abroad].
5. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant). (See Sec. 145).
6. State the name of the place of the appropriate office of the Trade Marks Registry- See rule 4.  IP/N/1/IND/T/2
Page 76
FORM TM-4
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee.Rs.10,000/-
Application for registration of a Certification Trade Mark
[See Section 71, Rules  25(8) (a) and  135]
(To be filed in triplicate accompanied by five representation of the Certification Trade Mark and three
copies of the draft regulation with Form TM-49).
________________________________________________________________________One representation to be fixed within this space and  four others to be sent separately.  Representation
of a larger size may be folded but must then be mounted upon linen or other suitable material and
affixed hereto: see rule 28.
______________________________________________________________________
Application is hereby made for registration in the register of the  accompanying Certification TradeMark in class[1] ...............in respect of[2]   ......................in the name of [3] .................... whose
address is [4] ......................................................  The applicant(s)  is (are)  not carrying on business in
the goods or services of the kind for  which registration of the said Certification Trade Mark is sought.
All communications relating to this application may be sent to the following address in India:-
Dated this ...............day of ............20.......
5.................
SIGNATURE
NAME OF SIGNATORY IN
               LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at [6]
1. Registrar's direction may be obtained if the class is not known.2. Specify the goods or services.
3. Insert the full name, description (occupation,  calling and nationality) of the applicant.  If the
applicant is a body corporate, the nature and country of incorporation should be stated. See
rule 16.
4. Here insert the full address of the applicant. [Address of the principal place of  business or of
residence in India, if any  or address for  se rvice in India together with the address in the
home country abroad].
5.   Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant.  See Sec. 145).
6. State the name of the place of the appropriate office of the Trade Marks Registry- See rule 4.IP/N/1/IND/T/2
Page 77
FORM TM-5
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee; Rs.2500/-
Notice of opposition to application for registration of a trade mark or a Collective mark or a
certification mark-
[Section 21(1).  64,73. Rules  47(1).131(1) and 138(1)
(To be filed in triplicate)
In the matter of Application No...................by .................I(or we)' ...................... hereby give notice of
my (or our) intention to oppose the registration of the  trade mark/certification mark/collective mark/
2advertised under the above number for class ............in the Trade Marks Journal dated  the
............day of.........20......No..............page.....................
The grounds of opposition are as follows:-
3............................. 'All communications in relation to these proceedings may be sent to the following address in India
........................................ ........................... ................................
.......................
Dated this ....................... day of ........................ 20............
 SIGNATURE  {4}
   NAME OF SIGNATORY IN
                LETTERS
To
The Registrar of Trade Marks,The office of the Trade Marks Registry at[5]
1. State full name and address.  An address for service in India should be given if the opponent
has no place of business or of residence in India.
2. Strike out whichever is not necessary
3. If  registration is opposed on the ground that the mark resembles marks already on the register
the numbers of those marks and of the journals in which they have been advertised are to be
set out.
4. Signature of the opponent or of his agent.
5. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 78
FORM TM-6
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Rs.1000/-
Form of Counterstatement
(Sections 21(2),  47, 57,  59(2),  Rules 49, 93,99,101)
(To be filed in triplicate)
1. In  the matter of an opposition No...............to application No................in class _____for the
registration of a trade mark.
I (or we){1}' ....................the applicant(s) for registration of the above trade mark, hereby give  notice
that the following are the grounds on which I (or we) rely for my(or our) application:-
I (or we) {1}admit the following allegations in the notice of opposition................
 All communications in relation to these proceedings may be sent to the following address in
India:
................................... ................................
Dated this ............day of.........20......
{2}..............................
         SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the  Trade Marks Registry at  {3}......................
1. State the full name and address as stated in the application for registration2. Signature of the applicant or of his agent.3. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 79
FORM TM-7
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee Rs.500/-
Notice of intention to attend hearings
[section 21, 47, 57,  59, and 73 and 77;.
Rules 56(1),93, 99,101, 131, 132, 133,1 38, 139 and 140]
In the matter of '....................................................................I(or We)2.............................. h ereby give
notice that the hearing in reference to the above matter, which by the official notice to me (or us),
dated the ..................day of ............20............is fixed for ..........A.M. or .........P.M. at..............the 3
...........................on the day of ......................20...................will be attended by me (or us) or by some
person on my (our) behalf.
All communications relating to this proceeding may be sent to the following address in India:-
Dated this ....................day of .............20.......
4.SIGNATURE
   NAME OF SIGNATORY IN
                 LETTERS
To
The Registrar of Trade marks
The Office of the Trade Marks Registry at [5]
1. Insert particulars as in the official notice2. Insert name and address3. Insert the office of the Trade Marks Registry or place  at which hearing will take place
according to the official notice.
4. Signature of person giving the notice or of his agent5. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 80
FORM TM-8
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee: See Entry No.6 of the First Schedule
Application for registration of series trade mark  for goods or services (other than a collective
mark or a certification trade mark) in a class or for different classes
[Section 15(3), Rules 25(10) and  31.]
2. (To be filed in triplicate accompanied by five  additional representations of the trade mark)
One representation to be fixed within this space and
others to be sent separately. Representation of a larger
size may be folded but must then be mounted upon linen
or other suitable material and affixed hereto. See rule 28. 
Application is  hereby made for registration in  the register as a series trade mark for the
accompanying trade mark in class {2}................................. in respect of  {3}........................in thename(s) of  {4}
................... whose address is  {5} ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used  {6}   or  (and by whom and his (their) predecessor(s) in
title {7}  the said mark has been continuously used since .......19...] in respect of the said goods or
services {8}
{9}
.................................. .
...............................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........19............
...................{10}......
............................
             [10] NAME OF THE SIGNATORY IN LETTERS
To
The  Registrar of Trade marks,       {11}
The office of the Trade Marks Registry  at........................
1. Strike out whichever us not necessary
2. The Registrar's direction may be obtained if the class of the goods or services is not known.  In
the case of marks consisting of letters or numerals or any combination thereof relating to textile
goods, the item number of the Fifth Schedule should be stated if the goods fall in any of the itemsof the said Schedule.(See rule 144)IP/N/1/IND/T/2
Page 81
3. The applicant shall state the exact number of excess characters  where the specifica tin of goods
or services exceeds five hundred characters at the space provided immediately before the
signature.
4. Insert legibly the full name, description (occupation , calling and nationality  of the applicant).   In
the case of a body corporate or firm the country of incorporation  or the names and descriptions of
the partners composing the firm and the nature of registration, if any, as the case may be, shouldbe stated (see rule 16)
5. The applicant shall  state the address of the principa l place of business in India, if any(see rules 3
and 17) (If the applicant carries on business in the goods or services for which registration is
sought at only one place in India, such fact should  be stated and the address of the place given .  If
the applicant carries on business in the goods or services concerned at more places than one inIndia the applicant should state fact and give the address of that place of business which heconsiders to be his principal place of business.  If, however, the applicant does into carry on
business in the goods or services concerned but carried on business in other goods or services at
any one place in India, this fact should be stat ed and the address of that place given, and where
the applicant carries on such business at more places than one in India such fact should be stated
and the address of the place which he considers to be his principal place of business given.
Where the applicant is not carrying on any business in India, the fact should be stated at end andthe place of his residence in India, if any, should be stated and the address of that place given.  In
addition to the principal place of business or of residence in India, as the case may be, an
applicant may if he so desires give an address in India, to which communications relating to  theapplication may be sent.(see rule 19).  Where the applicant has neither a place of business nor of
residence in India the fact should be stated and an address for service in India given along with his
address in his home country abroad.
6. Strike out if the mark is already in use
7. Strike out the words in if not applicable.  If user by predecessor(s) in title is claimed the name(s)
of such person(s) together with the date of commencement of use by the applicant himself  should
be stated at 9.
8. If there has been no use of the trade mark in respect of all the goods or services specified at 3, the
items of goods or services in respect of which the mark has actually been used should be stated.
9. For additional matter if required, otherwise to be left blank.  If colour combination is claimed,
clearly indicate and state the colour.  If the applic ation is in respect   of a three dimensional mark,
a statement to that effect(See rule 25 and 29)
10. Signature of the applicant or of his agent(legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant(see section 123)
11. State the name of the place of the appropriate office of the Trade Marks Registry (See rule 4)IP/N/1/IND/T/2
Page 82
FORM TM-9
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.1500/-
Form of counterstatement in respect of collective mark or certification trade mark.
[Section 64, 66, 73 and 77; Rules 131 to 133 and 137 to 140].
(To be filled in triplicate)
In the matter of an Opposition NO.....................to application No...............for registration of a
Collective mark or  a Certification trade Mark.1
I(or we)2 .............................................................the applicant(s) in respect of the above numbered
application, hereby give notice that the following  are the grounds on which I (or we) rely as
supporting my(or our)  application.
I (or we) admit the following allegations in the notice of opposition:
All communications relating to these proceedings may be sent to the following address in IndiaDated this ............day.......20.....
   3 SIGNATURE
NAME OF SIGNATORY  IN LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at [4]...............
1. Strike out whichever is not applicable
2. Insert full name and nationality.  An address for service in India should be given if the opponent
has no place of  business or of residence in India.
3. Signature of the applicant or of his agent.4. State the name of the place of the appropriate office of the Trade Marks Registry-
See Rule 4.IP/N/1/IND/T/2
Page 83
FORM TM-10
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee. Rs.3,000/-
Application for payment of surcharge towards ren ewal of a trade mark,  collective mark and
certification trade mark
[Section 25(3) proviso; Rules 65, 132(b) and 138(3)]
I (or we) {1} …………….. [2]the registered  proprietor/s hereby apply for the renewal of registration
of registered trade mark collective mark/certi fication trade mark No. in class ………which has
expired on ……………and the renewal certificate be sent to the following address in India:-
Dated this …………………day ………of  20…
Signature {3}
Name of signatory in  Letters
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [4]...............
1. Strike out whichever is not applicable
2. Insert here the full name and address of the Registered Proprietor.
3. Signature of the registered proprietor or of  his agent.4. State name of the place of the appropriate office of the Trade Marks Registry- See rule 4IP/N/1/IND/T/2
Page 84
FORM TM-11
THE TRADE MARKS  ACT, 1999
Agents Code No.:
Fee Rs.5,000/- Proprietor’s Code No.:
Request for search and issuance of certificate under rule 32
I/We ……………………….. request the Registrar to search and ascertain whether any trade mark(s)
is (are) on record which resembles the name (or proposed name) of the company sent herewith in
triplicate (each representation being mounted on a sheet of strong paper approximately 33 cm by 20cm in size) and issue a certificate.
All communication relating to this application may be sent to the following address in India(1):-
Date this ……………….. day…….. of ……20
(2) SIGNATURE
      NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks………
The Office of the Trade Marks Registry at…..
1. Address in India
2. SignatureIP/N/1/IND/T/2
Page 85
FORM TM-12
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Renewal of registration of trade mark/collective mark/certification trade mark1
[Section 25, Rules 63(1), 132(b) and  138(3)
I (or we) 2 ...............................................................................................................here by leave the
prescribed fee of Rs...................for renewal of registration of the Trade Mark/Collective
mark/certification trade mark No................in Class ...................  The Notice of renewal of the
registration may be sent to the following address in India:-
Dated this .............day of..........20.............
[3] SIGNATURE
NAME OF SIGNAORY INLETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [4]...............
1. Strike out whichever is not applicable.
2. Insert here the name and address of the Registered Proprietor.
3. Signature of the registered proprietor or of his agent.
4. State name of the place of the appropriate office of the Trade Marks Registry- See rule 4.
Note- This form will be returned if it is filed more  than six months before the expiration of the last
registration.  Attention is also invited to  Section 159 (6).
Fee:       See entries Nos. 17 to 20 and 22 of the First Schedule.IP/N/1/IND/T/2
Page 86
FORM TM-13
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fee. Rs.5000 plus the applicable renewal fee prescribed under entry Nos. 17 to 20 of the First
schedule
Restoration of trade mark removed from register for non-payment of renewal fee.
 [Section 25(4); Rules 66, 132(b),and 138(3)]
I (or we) {1} ............................................................................hereby apply that the Trade mark
numbered...................................................................in class/(s) ....................be  restored to the register
and the registration of the said Trade Mark in the class/(s) aforesaid be renewed, and that the notice ofrestoration  and renewal be sent to the following address  in India .
Dated this ................day of .............. 20
...............................
              SIGNATURE {2}
NAME OF SIGNATORY IN
                LETTERS
To
The Registrar of  Trade Marks
The Office of the Trade Marks Registry at .{3}.................
1. Insert full name, address and nationality of the registered proprietor
2. Signature of the registered proprietor or of his agent
3. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 87
FORM TM-14
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.500 for each dissolution.Application to dissolve the Association between a registered trade mark and (an) other
registered trade mark(s).
[section 16(5); Rule 60(2)]
(To be accompanied by a statement of case)
In the matter of a Trade Mark No.................................................registered in class................
I (or We) ............................................................................... being the registered proprietor(s) of the
above numbered Trade Mark, hereby apply that the association of this Trade Mark with the following
Trade Mark(s) registered in my (our) name:-
{1}No.......................register in class
   No.....................registered in class
may be dissolved and the register amended accordingly.
The grounds for this application are set forth in the accompanying statement of case
All communications relating to this application may be sent to the following address in India:-
Dated this ......................day of ................20.......
{2}.........................
                SIGNATURE
                        NAME OF SIGNATORY IN  LETTERS
To
The Registrar of Trade Marks
The Office o the Trade Marks Registry at {3}....................
1. Additional numbers may be given in signed schedule on the reverse of the Form
2. Signature of the registered proprietor(s)or of his (their agent)3. State the name of the place of the appropriate  office of the Trade Marks Registry See Rule 4.IP/N/1/IND/T/2
Page 88
FORM TM-15
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee Rs.1000/-
Request for statement of grounds of decision,
[Rule 40(1)]
In the matter of {1} .............................................................................. the Registrar is hereby req uested
to state in writing the grounds of his decision dated the ....................day of ..........
20............................after the hearing  on the ............................day of .............20...............and th e
materials used by him in arriving at the decision.
All communications relating to this application may be sent to the following address in India:-
Dated this ......................day of ..................20.................
       {2}...............................
              SIGNATURE
       NAME OF SIGNATORY IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at {3}...................
1. Insert particulars identifying the application.2. Signature of the applicant or of his agent.3. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 89
FORM TM-16
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Rs.500/-
Request for correction of clerical error, or for amendment.
Sections 18(4), 22 and 58 Rules 41,91,97.
In the matter of{1}' ...................................................................................
I(or we) .......................................................... being the [2] applicant (s)                 in the above ma tter
hereby Opponent(s)
Regd. Proprietor(s)
Registered User (s)
request that ...............................
....................................
..................................
the registered proprietor(s)
{3} A Copy of the request has been served on the registered user (s)
All communications relating to this application may be sent to the following address in India:-
Dated this .................day of ......20.........
{4} ........................
     SIGNATURE
     NAME OF SIGNATORY IN
                   LETTERS
ToThe Registrar of Trade Marks
The Office of the Trade Marks Registry at {5}................
1. Insert words and reference number identifying the entry or application or opposition2. Strike out words not applicable
3. Strike  out if not applicable
4. Signature5. State the name of the place of the appropriate office of the Trade Marks Registry
See Rule 4.
Note: No fee is payable where the request for correction or amendment is made as a result of
an order of a public authority or in consequence of a statutory requirement.IP/N/1/IND/T/2
Page 90
FORM TM-17
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Rs. 2500/- for the first trade mark and Rs.500/- fo r every additional trade mark included in the
assignment
Application for the certificate of the Registrar under Section 40(2) with reference to a proposed
assignment of a registered trade mark.
[ Rule 77].
(To be accompanied by a statement of case in duplicate and a copy of the proposed 
assignment)
In the matter of Trade Mark(s) No(s)...........................................................registered in the name of
...................................................................in class (es)...................................
Application is hereby made by ' ...............................................bei ng the  registered  proprietor (s) of
the abovementioned registered trade mark(s) for the Registrar's certificate under section 40(2) with
reference to a proposed assignment of  the registered  trade mark(s) No.(s)................
to[2]............................ in circumstances that are stated fully in the accompanying statement of case.
All communications relating to this application may be sent to the following address in India:-
Dated this .....................day of ........20.........
[3].........................
    SIGNATURE
       NAME OF SIGNATORY
                IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at  [4] .................
1. Insert the full name and address of the registered proprietor.
2. Insert the full name, address and nationality of the proposed assignee.3. Signature of the registered proprietor or of his agent.4. State the name of the place of the appropriate office of the Trade Marks Registry.
(See Rule 4).IP/N/1/IND/T/2
Page 91
FORM TM-18
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Affidavit
( to be furnished when required by Registrar in support of  statement of case filed under Section40(2) or accompanying a request under rule 68)
(To be stamped as per rules for the time being in force)
I,{1} ....................................of .................................do hereby solemnly  and sincerely declare that the
particulars set out in the statement of case, e xhibit marked ....................and left by me in connection
with [2]........................... in respect of the Trade Mark No.................in class ......................are true and
comprise every material fact and document affecting the present proprietorship of the Trade Mark, to
the best of my knowledge, information and belief.
[3].....................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
All communications relating to this application may be sent to the following address in India:-
Declared at .....................
this ......................day of ..........20...............
Before me {4}...................
1. Insert full name, address and nationality of deponent.2. Insert particulars of the proceedings concerned.
3. To be signed here by the person making the declaration.
4. Signature and title of authority before whom affidavit is taken.  In India affidavit may be
taken before any Court or person having by law authority to receive evidence or before an
officer empowered by a Court to administer oath.  Outside India affidavit may be taken beforea Diplomatic or Consular Officer within the meaning of the Diplomatic and Consular officers
(Oaths and Fees) Act, 1948, of such country or place or before  a Notary of the place if the
notarial acts done by notaries of the place have been recognised by the Central Government
under Section 14 of  the Notaries Act, 1952.IP/N/1/IND/T/2
Page 92
FORM TM-19
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Rs. 2500/- for the first trade mark and Rs.500/- for every other trade mark
Application for the approval by the Registrar under Section 41 of a proposed assignment, or of
transmission of a trade mark, resulting in excl usive rights in different persons for different
parts of India.
[Rule 77].
(To be accompanied by a statement of case in duplicate and a copy of the instrument proposed for the
assignment or effecting the transmission).
In the matter of trade mark(s)............................................................'[Registered under
NO.(s)...........................in class(es)..............................]
Application is hereby made by
*(I)2 ....................the proprietor of the trade mark (s) shown in the accompanying statement of  case
(registered in his name)3 and (used by him)3 in respect of the following goods or
services............................................... for the approval by the Registrar of a proposed   assignment of
the trade marks(s) to 4..................................in respect of the following goods or services
.....................to be sold or otherwise traded in 5  ..............(and to 6 ..........................in respect of all t he
following goods or services....................to be sold or otherwise traded in 5.....................) incircumstances that are stated fully in the  accompanying statement of case.
*(II)7 ...............who claims that  the trade mark(s) shown in the accompanying statement of case, was
(were) in respect of the following goods or services , namely..................and on the [8]...........  day of
............[20]...............transmitted to him  [9]...............who was his predecessor in title,] by or from[10]..............by whom the Trade Mark was then used in respect of the following goods or services
namely ...................all in circumstances that are stated fully in the accompanying Statement of Case,
for the approval by the Registrar of the aforesaid transmission.
All communications relating to this application may be sent to the following address in India.Dated this ....................day of ..........20.........
11.................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
ToThe Registrar of Trade Marks,
The Office of the Trade Marks Registry at {12}...................
*Strike out either paragraph (I) or paragraph (II)
1. To be struck out in the case of unregistered trade mark
2. Insert the name and address of the proprietor
3. Strike out either if not applicable
4. Insert the name(s) and address(es) of the proposed assignee(s)IP/N/1/IND/T/2
Page 93
5. Insert the name(s) of the place(s) in India
6. Strike out the bracketed passage if not required.
7. Insert the name and address of the person who claims a transmission to him.
8. Insert the date of the transmission
9. Insert the name and address of the predecessor in title, if any
10. Insert the name and address of the person who transmitted11. Signature of the applicant or of his agent
12. State  the name of the place of the appropriate  office of the Trade Marks Registry
(See rule 4)IP/N/1/IND/T/2
Page 94
FORM  TM-20
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Rs.2500/- for the first mark and Rs.500/- for every additional mark
Application for directions for the advertisement of  an assignment of trade  marks otherwise that
in connection with the goodwill of the business.
[Section 42. Rule 74(1)
(To be filed in duplicate)
Application is hereby made by  {1} .........................for the Registrar's di rection with respect to the
advertisement of an assignment of the following trade marks otherwise than in connection with the
goodwill of the business in which they 2 (had been)(were) used namely:-
*(I)Registered Trade Marks:
Registration Number Class
Goods or services in respect of which the
mark has been or is used and is assigned
................................. ...........................     ……………………
  ................. ............……….         ...........................all of which are or were registered in  the name of 3...............who is the assignor.
 *(II) Unregistered Trade Marks 4 all being marks which 2 (had been) (were) used in his business in
respect of the goods or services stated below, by 3...............of .................who is the  assignor:
*Representation of mark .........................
Goods or services in respect of which the
mark has been or is used and is assigned ...........................
The date of assignment was the .............day of..............20..............
The instrument effecting the assignment is sent herewith, together with a copy thereof.
It is suggested that advertisement shall be directed as follows, namely, in ...............
All communications relating to this application may be sent to the following address in India:-
.........................
........................
Dated this ...............day of ............20...............
5...........................
SIGNATURE
NAME OF SIGNATORY IN
LETTER
To
The Registrar of Trade Marks,IP/N/1/IND/T/2
Page 95
The Office of the Trade Marks Registry at {6} ..............
 Additional marks and registration numbers which cannot be accommodated may be give in a signed
schedule on the back of the Form
1. Insert the name, nationality and address of the assignee (applicant).
2. Strike out words not applicable.3. Insert the name, nationality and address of the proprietor (assignor).
4. Only those unregistered trade marks passing by the same assignment and used in the
same business and for the same goods or services as those for which one or more of the
registered marks are registered may be stated here.
5. Signature of applicant or of his agent
6. State the name of the place of the appropriate office of the Trade Marks Registry.
See Rule 4IP/N/1/IND/T/2
Page 96
FORM TM-21
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs. 500/- Rs.1,000/- or Rs.1,500/- for extension of 1, 2 or 3 months respectively
Application for extension of  time in which to apply for the Registrar's direction for the
advertisement of an assignment of trade mark s otherwise than in connection with the goodwill
of the business.
[Section 42; Rules  74(3)]
Application is hereby made by {1} .....................for  extension of time of {2} .............month(s)in
which to apply for the Registrar's directions for th e advertisement of an assignment of the following
trade marks otherwise than in connection with the g oodwill of the business in which they 3 (had been)
(were) used, namely:-
(I) Registered Trade Marks:
*Registration Number Class
-------------------------- Goods or services in respect of which the
mark has been or is used and is assigned.
all of which are or were registered in the name of 4..........of .........who is the assignor
(II) Unregistered trade marks all being marks which  3 (had been)(were) used in his business in
respect of the goods or services stated below, by 4 .........of.............who is the assignor.
*Representation of  Mark
Goods or services in respect of which the
mark has been or is used and is assigned
............................
The date of assignment was the ...............day of ...............20...........
All communications relating to this application may be sent to the following address in India.
......................
.....................
Dated this ....................day of ...............20...........
{5}..........................
SIGNATURE
NAME OF SIGNATORY IN
 LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at {6}.................IP/N/1/IND/T/2
Page 97
*Additional marks and registration numbers which cannot be accommodated here may be given in a
signed schedule on back of the form.
1. Inert the name and address of the assignee(applicant)
2. Insert "one", "two", or "three"
3. Strike out words not applicable4. Insert the name and address of the proprietor (assignor)
5. Signature of applicant or of his agent
6. State the name of the place of the appropriate office of the Trade Mark Registry.
See Rule 4IP/N/1/IND/T/2
Page 98
FORM TM-22
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fee. Rs.2,500/-
Application to register a textile trade mark consisting exclusively of numerals or letters
[Section 18(1), Rules, 25(5), 144 and 145]
(To be filed in triplicate accompanied by five  additional representations of the trade mark)
One representation to be fixed within this
space and five others to be sent separately.
Representation of a larger size may be
folded but must then be mounted upon linen
or other suitable material and affixed hereto.
See rule 28.
Application is  hereby made for registration in  the register of the accompanying
trade mark in class{2}   .................................. in respect of {3}  ........................in the name(s) of {4}
................... whose address is {5}  ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used  6 or   (and by whom and his (their) predecessor(s) in
title[7] the said mark has been continuously used since .......20...] in respect of the said goods or
services [8].
9.................................                    
9...............................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10............................
SIGNATURE
NAME OF SIGNATORY IN  LETTERS
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at 11........................
1. Strike out whichever is not necessary.  The duly signed additional representation by the
applicant or his agent should bear the mark, the name, address and description of the
applicant, the description of goods, the class, the period of use of the trade mark, the tradedescription and address of service in India.
2. The Registrars' direction may be obtained  if the class of goods for services  is not known.IP/N/1/IND/T/2
Page 99
3. Specify the goods for class in respect of which application is made. A separate sheet detailing
the goods or services may be used.  The specification of goods  should not ordinarily exceed
500 alphabetic characters.  An excess space fee of Rs.10 per  character is payable beyond the
prescribed limit.  The applicant shall state the exact number of  excess  characters where the
specification of goods exceeds 500 character at the space provided immediately before the
signature.
 4. Insert legibly the full name, description (occupation and calling and nationality of the
applicant.  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
5. The applicant must state  the address of  his principal place of business in India.  if any.  See
rules 3 and 17(If the applicant carries on business in the goods for which registration is sought
at only one place in India such fact should be stated and the address of the place given.  If the
applicant carries on business in the goods  concerned at more places than one in India the
applicant should state  such fact and give the address of that place of  business which he
considers to be his principal place of business. If, however, the applicant does not carry onbusiness in the goods concerned but carried on business in other goods  at any one place in
India this fact should be stated and the address of that place given; and where the applicant
carries on such business at more places than one in India such fact should be stated  and  the
address of the place which he considers to be  his principal place of business given.  Where
the applicant is not carrying on any business in India  the fact should be stated  and  the placeof his residence in India, if any, should  be stated and the address of that place given.  In
addition to the principal place of business or of residence in India, as the case may be, an
applicant may if he so desires given an address in India to which communications  relating to
the application may be sent). (see rule 19.  Where the applicant has neither a place of business
nor of residence in India the fact should be stated and an address for service in India givenalong with his address in his home country abroad.
6. Strike out if the mark is already in use7. Strike out the words if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 9.
8. If there has been no use of the trade mark in respect of all the goods  specified at 3, the items
of goods  in  respect of which the mark has actually been used should be stated.
9. For additional matter if required, otherwise to be left blank.
If colour combination  is claimed, clearly indicate it and state the colours. If the application is
in respect of a  three dimensional  mark, a statement to that effect  [see Rule 25, and 29].
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Sec. 123)
to be also accompanied by the name in block letter.
11. State the name of the place of the appropriate office of the Trade Marks Registry - See rule 4.IP/N/1/IND/T/2
Page 100
FORM TM-23
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
For Fee, See entries No.27 and 28 of the First Schedule
Joint request by registered proprietor and transferee to register the transferee as subsequent
proprietor of trade marks upon the same devolution of title.[ Section 45, Rule 68.]
We '................................................................and2................................... hereby request, und er
rule 68, that the name of 3.................................carrying on business as4
.............at5...............may be entered in the Register of Trade Marks as proprietor of  the trademark(s) No.6.....................in Class....................as from the 7......................by virtue of 8
............ of which the original and an attested copy are enclosed herewith.
The assignment of the trade mark was 9 (not) made otherwise than in connection with the goodwill of
the business in which the mark9 (had been) (was)  used 9(and there is sent herewith copy of the
Registrar's direction to advertise the assignment, a copy of each of the advertisements, complying
therewith, and a statement of the dates of issue of any publications containing them) .
We declare that the facts and matters stated  herein are true to the best of our knowledge, information
and belief.
All communications relating to this application may be sent to the following address in India:-
Dated this .............day of.............20.........
[10]SIGNATURE
[11]SIGNATURE
NAME OF SIGNATORIES
IN  LETTERS
ToThe Registrar of Trade Marks
The Office of the Trade Marks Registry at [12]............
1. Full name, address, and nationality of registered proprietor, or other assignor or transmitter.
2. Full name, address and nationality of transferee.
3. Name of transferee.
4. Description of transferee(calling or profession).
5. Address of the principal place of business in India, if any, of the transferee.  If there is no
place of business in India state the addres s of the place of  residence in India.
If there is not even a place of residence in India state the address in the home country abroad
and an address for service in India.
6. Additional numbers may be given in a signed schedule on the back of  the Form.
7. Date of acquisition of proprietorship.
8. Full particulars of the instrument of assignment or transmission, if any, or statement  of  case.
9.       Strike out any words not applicable.
10.       Signature of assignor or transmitter or of his agent.
11. Signature of transferee or of his agent.IP/N/1/IND/T/2
Page 101
12. State the name of the place of the appropriate office of the Trade Marks Registry - See Rule 4.
FORM TM-24
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
For fee, see entries Nos.27 and 28 of the First schedule
Request to register a subsequent proprietor of a trade mark or trade marks upon the same
devolution of title
[Section 45, Rule 68].
I, (or We{1} .................................................................................................................. ..
............................................................................................................................... .......
............................................................................................................................... ......
hereby request that my/ our  name may be entered in the Register of Trade Marks as proprietor of
trade (s) No.(s){2}........... in class ....................... as from the {3}..................
I am / we are) entitled to the trade mark (s) by virtue of  {4}
................................................................................................................................................................................................... .......
of which the original and an attested copy are enclosed herewith.
The assignment of the trade mark was 5 (not) made otherwise than in connection with the goodwill of
the business in which the mark (had been)(was) us ed 5(and there is sent herewith a copy of the
Registrar's direction to advertise the assignment, a copy of each of the advertisements complyingtherewith, and a statement of the dates of the issue of any publications containing them).
I (or We) declare that the facts and matters stated herein are true to the best of my (or our)knowledge,
information and belief.
All communications relating to this application may be sent to the following address in India:-
Dated this .............day of................20.........
{6}...........................
    SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at {7}...............
1. Insert full name, address of the principal place of business in India, if any, nationality and
description of the applicant.  If there is no place of business in India, state the address of theplace of residence in India if any.   If there is not even a place of residence in India state the
address in the home country abroad and an address for service in India.
2. Additional numbers may be given in a signed schedule on the back of the Form.
3. State the date of acquisition of proprietorship.IP/N/1/IND/T/2
Page 102
4. Insert full particulars of the instrument of assi gnment or transmission, if any, or statement of
case.
5. Strike out any words not applicable. (See rule 75)
6. Signature of transferee or of his agent.
7. State the name of  the place of the appropriate office of the Trade Marks Registry.
(See Rule 4)IP/N/1/IND/T/2
Page 103
FORM TM-25
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Fee: Rs.500, 1,000 or 1,500 for 2, 4, or 6 months' extension respectively.Application under Section 46(4) for extension of time for the registration of the name of a
company as subsequent proprietor of a trade mark in the register.
[ Rule 79.]
Application is hereby made by {1} .......................................................................................
.............................................. for an extension of time  by {2}....................months of the period of sixmonths allowed by section 46(4) and rule 79 for regi stering  the name of {3} ........by virtue of a single
assignment as proprietor of the following Trade Marks(s) registered upon application(s) conforming
to sub-section (1) of section 46.
4 Registration Number Class
................................ ................................
................................ ................................
All communications relating to this application may be sent to the following address in India:
................................
................................
Dated this .............day of ...........20......
5................................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of The Trade Marks Registry at {6}...................
1. Insert the name and address of the applicant.
2. Here Insert "two" or "four" or "six".
3. Insert the name of the company to be registered as subsequent proprietor
4. Additional numbers may  be given in a signed schedule on the  back of the Form.
5. Signature .6. State the name of  the place of the appropriate office of the Trade Marks Registry –(See
Rule 4).IP/N/1/IND/T/2
Page 104
FORM TM-26
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Rs.3000/-
Application for the rectification of  the  regist er or the removal of trade mark from the register.
[Section 47 or 57 ; Rule 92.]
(To be filed in duplicate/ triplicate along with the statement of case in duplicate/triplicate and
accompanied by as many copies of each of them as there are registered or permitted user  under the
registration).
In the matter of Trade Mark No...................................................................................
registered in the name of ................................ in Class................................
I (or We) {1} ................................................................................................ hereby apply tha t the entry
in the register in respect of the abovementioned Trade Mark may be (removed) {2} (rectified) in the
following manner:-
The grounds of my (our) application are as follows:-The [3]............Office of the Trade Marks Registry has been entered in the register as the appropriate
office in relation to this trade mark.No action concerning the trade mark in question is pending in any Court
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ............20.........
{4}................................
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
ToThe Registrar of Trade Marks
The Office of the Trade Marks Registry at {3}................................
1. State full name, address and nationality.  An address for service in India should be stated if
the applicant has no place of business or of residence in India.
2. Strike out the word that is not applicable
3. State the name of the place of appropriate office of the Trade Marks Registry
4. Signature (See rule 4)IP/N/1/IND/T/2
Page 105
FORM TM-27
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.500/-
Application for leave to intervene in proceedings relating to the rectification of the register or
the removal of trade mark from the register or the cancellation of a collective mark or
certification trade mark from the register.  [Rule 94, 133, 139.]
In the matter of the Trade Mark No.......................................................................................... re gistered
in the name of ....................................................in class .........................
I ( we){1}....................................................................................................hereby apply for leave to intervene in the proceedings relating to the rectification or removal of the
entry in the register in respect of the above mentioned trade mark .
My (our) interest in the Trade Mark........................................
All communications relating to this proceeding may be sent to the following address in India:-
...........................
.........................
Dated this ..............day of ............20..........
{2}.....................
SIGNATURENAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at {3}...................
1. State full name, address and nationality
2. Signature
3. State the name of the place of  the  appropriate office of the   Trade Marks Registry
(See Rule 4)IP/N/1/IND/T/2
Page 106
FORM TM-28
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fe: See entries Nos. 32 and 33 of the First schedule
Application for registration of registered user.
[Section 49 Rule 80]
(To be filed in triplicate accompanied by the agr eement in writing between the registered proprietor
and the proposed registered user or a duly authenticated copy thereof, the other documents mentioned
in rule 80(1), an affidavit setting forth particulars a nd statements  as required by rule 80(2) and by two
copies of each of the aforesaid documents).
Application is  hereby made by  {1}.....................who is (or are) the registered proprietor(s) of Trade
Mark(s){2}....................registered in class .............. in respect of {3}...............and by{4}.......... that
the said{5} ................may be registered as a registered user of the above mentioned registered trade
mark(s) in respect of {6} .................subject to the following conditions and restrictions{7}:-
{8} (The proposed permitted use is to end on the ..............day of ..........20..........)
(The proposed permitted use is without limit of period).All communications relating to this application may be sent to the following address in India:-
Dated this ...............day of ..........20.............
{9}.................. .
{10}..................NAME OF SIGNATORIES
    IN  LETTERS
ToThe  Registrar of Trade Marks
The Office of the Trade Marks Registry at {11}....................
1. Insert full name, address and nationality of the  registered proprietor.
2. Additional numbers may be given in a signed schedule on the back of the Form.
3. Here Insert the specification as in the register.
4. Here insert the full name, description(calling or occupation, nationality and address of the
principal place of business in India, if any, of the proposed registered user.  If  there is no
place of business in India, state the address of  the place of residence in India, if any.  If there
is not even a place of residence in India, state the address in the home country abroad and an
address for service in India.IP/N/1/IND/T/2
Page 107
5. Insert name of proposed registered user.
6. Insert designation of goods or services (which must be comprised within the specification).
7. Write none if there are no conditions or restrictions.
8. Strike out the words that are not applicable.
9. Signature of registered proprietor or of his agent.
10. Signature of proposed registered user or of his agent.11.      State the name of the place of the appropriate office of the Trade Marks Registry (See rule 4)IP/N/1/IND/T/2
Page 108
FORM TM-29
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No. 34 of the First Schedule.
Application by the registered proprietor of a trade mark for variation of the registration of a
registered user thereof with regard to the goods or services or the condition or restriction.
[Section 50 (1)(a) Rule 87.]
(to be filed in triplicate accompanied by a statement in triplicate of  the grounds for the
application and the written consent in triplicate (if given) of  the registered user)
Application is hereby made by  {1}........................th e proprietor of trade mark(s) No.{2} .................
registered in class................in  respect of  {3} ..................that the registration  of [4] .....................as a
registered user of the abovementioned trade mark(s) in respect  of [5 ]................may be varied in the
following manner6.:-....................................................................
...................................................
All communications relating to this application may be sent to the following address in India:-
Dated this ...........day of .............20..........
7...........................
SIGNATURE
NAME OF SIGNATORY IN  LETTERS
ToThe Registrar of Trade Marks
The Office of the Trade Marks Registry at [8]...................
1. Insert the full name and address of the registered proprietor.
2. Additional numbers may be given in a signed schedule on the back of the Form.
3. Insert the specification as in the  register.
4. Insert the full name and address of the registered user.
5. Insert the goods or services in respect of which the registered user is registered.
6. State the manner of which the entry should be varied..7. Signature of registered proprietor or of his agent.
8. State the name of the place of the appropriate office of the Trade Marks Registry .
(See rule 4.)IP/N/1/IND/T/2
Page 109
FORM TM-30
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No. 35 of the First schedule
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.
[Section 50(1)(b) Rule 88(1)]
3. (To be filed  in triplicate accompanied by a statement in triplicate of the grounds for the
application).
Application is hereby made by' ........................................ bein g   (the registered proprietor)[2] a
(registered user) of  trade mark(s) No.[3].........................registered in class ................in respect of
[4]....................for the cancellation of the entry under the abovementioned registration(s) of[5]
...................as  a registered user of the trade mark(s) in respect of[6]..............
The grounds for this application are set forth in the accompanying statementAll communications relating to this application may be sent to the following address in India:-
Dated  this ...............day of  ...........20.........
7......................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [8]...............
1. Insert the full name and address of the applicant or of the applicants.
2. Strike out the words that are not applicable.
3. Additional numbers may be given in a signed schedule on the back of the Form.4. Insert the specification as in the register.
5. Insert the full name and address of the registered user whose entry is sought to be cancelled.
6. Insert goods or services in respect of which registered user mentioned at 5 is registered.
7. Signature.
8. State the name of the place of the appropriate office of the Trade Marks Registry.
(See rule 4).IP/N/1/IND/T/2
Page 110
FORM TM-31
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See Entry No.36 of the First  Schedule
Application for cancellation of entry of a registered user of a trade mark.
[Section 50(1)(c) or (d) Rule 88(1)]
(To be filed in triplicate accompanied by a statement in triplicate of the grounds for the
application)
In the matter of Trade Mark(s ) No.(s)' .......................registered in class .............in the name of [2
].................................................................
Application is hereby made by [3] ................ for the cancellation of the entry under the
abovementioned registration (s) of [4].........................as the registered  user thereof in respect of
[5]........................
The grounds of this application, particulars of which are given in detail in the accompanyingstatement of case are [6]........................
All communications relating to this application may be sent to the following address in India:
..........................
Dated this .........day of .......20........
7..........................
SIGNATURE
NAME OF SIGNATORYIN  LETTERS
To
The Registrar of Trade Mark
The Office of the Trade Marks Registry at [8].................
1. Additional numbers may be given in a signed schedule on the back of the Form.
2. Insert the name of the registered proprietor.
3. Insert the name, address and nationality of the applicant for cancellation.
4. Insert the name, address and description of the registered user as entered in the register.
5. State the goods or services in respect of which registered user is registered.
6. Insert one or more of the sub-clauses of clause (c) of section 50(1).7. Signature.
8. State the name of the place of the appropriate office of the Trade Marks Registry.
(See  rule 4.)IP/N/1/IND/T/2
Page 111
FORM TM-32
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.500/-
Notice of  intention to intervene in proceedings fo r the variation or cancellation of an entry of a
registered user of a trade mark.
[Rule 90(2)]
(To be filed in triplicate accompanied by a statem ent in triplicate of the grounds of intervention)
In the Matter of Trade Mark No....................registered in class ...................in the name of
[1]..........................
and
In the matter of registration of [2]..............................thereunder as a registered user of the mark.
I (or We)[3] ...............................................hereby give notice of my (our) intention to intervene in the
proceedings in the above matter.
All communications relating to these proceedings ma y be sent to the following address in India:-
...................................................
Dated this .................day of .......20......
4..........................SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade MarksThe Office of the Trade Marks Registry at [5].............
1. Insert the name of the registered proprietor.
2. Insert the name and address of the  registered user.
3. Insert the full name, address and nationality of person giving  notice.4. Signature of the person giving notice or of his agent.
5. State the name of the place of the appropriate office of the Trade Marks Registry – (See
Rule 4.)IP/N/1/IND/T/2
Page 112
FORM TM-33
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No. 38 of the First Schedule and footnote below.
Request  to enter change of  name or description of registered proprietor (or registered user) of
trade mark upon the register.
[Section 58 Rules 91 and 97]
I (or we) ' ...................................................................hereby reques t that my / our name (s) and
description (s) may be entered in the Register of Trade Marks as [2] proprietor (s)/ registered user (s)
of the trade mark(s) No.[3]................................................... registered in class ............................ ......
I am / we are entitled to 3 the said Trade Mark.
...................use the said Trade Mark  as registered user(s).  There has been no change  in the actual
proprietorships [2]/identity of registered us er(s) of the said Trade Marks, but [4] ..................
The entry at present standing in the register gives my (or our) name(s) and description (3) as follows:-
..........................
..........................
[5] A copy of this request has been served upon the registered user(s)/proprietor(s)All communications relating to this application may be sent to the following address in India:-
Dated this ..............day of ......20......
6..........................
SIGNATURE
     NAME OF SIGNATORY IN  LETTERS
To
The Register of Trade MarksThe Office of the Trade Marks Registry at [7]..................
1. Insert present name and address of registered proprietor or registered  user.
2. Strike out the words that are not applicable.
3. Additional numbers may be given in a signed schedule on the back of the Form.4. State the circumstances under which the change of name took place.
5. Strike out if not applicable.
6. Signature of applicant or of his agent.
7. State the name of the place of the appropriate office of the Trade Marks Registry.
(See rule 4).
Footnote: Fee for the first mark Rs.1000, for every additional associated mark Rs. 500.  No fee,
however, payable where the application for alteration or change of name is made as a
result of an order of a public authority or in consequence of a statutory requirement as
per law in India.IP/N/1/IND/T/2
Page 113
FORM TM-34
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.39 of the  First Schedule and footnote below.
Request for alteration of the address of the principal place of business or of residence in India
or of the address in the home country abroad in the Register of Trade Marks.
[Section 58, Rules 91, 96, 97]
In the matter of Trade Mark(s) N o.(s)'..................................................registered in class
.....................................................................................
I (or we) ........................................of ....................................................
being the registered proprietor 2 of the Trade Mark(s) numbered as above,        
      User
request that the 2address of my (our) principal place of business 2(or residence) in India or address in
my(our) home country abroad in the Register of Trade Marks be altered to .............
3The change of address was ordered by4 .......................on the .............................
day of ................20...............An officially certified copy of the order is enclosed herewith.
A copy of this request has been served on the registered proprietor 2
User
All communications relating to this application may be sent to the following address in India:-
Dated this ........day of........20.......
5..........................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of  Trade Marks Registry at [6]....................
1. Additional numbers may be given in a signed schedule on the back of the Form.
2. Strike out word(s) not applicable.
3. Strike out if not applicable.4. Insert the name of the public authority ordering the change and the  date thereof.
5. Signature of registered proprietor or of his agent.
           user
6. State the name of the place of the appropriate office of the Trade Marks Registry. (See rule 4)IP/N/1/IND/T/2
Page 114
Note: Fee for the first mark Rs.500; for every additional associated mark Rs.200. No fee is,
however, payable in case the alteration is made as a result of an order of a public authority in
India.
FORM TM-35
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee Rs.200/-
Application by registered proprietor of trade ma rk for the cancellation of entry thereof in the
register.
[Section 58 (1)(c ) Rule 97]
In the matter of Trade Mark No.......................Class.....................
Name of registered proprietor ........................
Address as entered in the register..................
Application is hereby made by the aforesaid registered proprietor that the entry in the Register of
Trade Marks of Trade Mark No...........in class ........may be cancelled.
[1]A copy of the application has been served on the Registered  User(s)
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of .........20.........
3..........................SIGNATURE
                      NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [3]...............
1. Strike out if not applicable.
2. Signature of the registered proprietor or of his agent.
3. State the name of the place of the appropriate office of the Trade Marks Registry.
{See rule 4}IP/N/1/IND/T/2
Page 115
FORM TM-36
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee :Rs.200/-
Application by registered proprietor of trade mark  to strike out goods or services from those for
which the trade mark is registered.
[Section 58(1)(d). Rule 97]
In the matter of Trade Mark No.............................................................
Name and address of the registered proprietor ...........................................
Application is hereby made by the aforesaid registered proprietor for the striking out of '
................from the goods or services for which the Trade Mark No .................is registered in class
......[2]  A copy of this application has been served on the Registered User(s).
All communications relating to this application may be sent to the following address in India:-
Dated this ..........day of..........20......
3..........................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The office of the Trade Marks Registry at [4] .............
1. Designate the goods or services to be struck out.
2. Strike out if not applicable.
3. Signature of the registered proprietor or of his agent.
4. State the name of the place of the appropriate office of the Trade Marks Registry.
[See Rule 4]IP/N/1/IND/T/2
Page 116
FORM TM-37
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.7 of the First Schedule
Application for the registration of series trad e mark for goods or services (other than a
collective mark or a certificate trade mark)  in a class or for different classes from a convention
country
[Section 154(2),  15(3), Rule 25(11), 26 and 31]
(To be filled in triplicate accompanied by  five  additional representation of the trade mark)
One representation to be fixed
within this space and five others to
be sent separately.  Representationof the larger size may be folded but
must then be mounted upon linen or
other suitable material affixed
thereto. See rule 28.
Application is  hereby made for registration in  the register of the accompanying
trade mark in class 1  .................................. in respect of 2  ........................in the name(s) of
3................... whose address is 4   ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used 5 or  (and by whom and his (their) predecessor(s) in title 6
the said mark has been continuously used since .......... in respect of the said goods or services.[7]
The application in a convention country to register the trade mark has been made in
on
A certified copy certified by an official of the convention country in which the  application
was filed is enclosed (along with its translation in English).
I/We request that the trade mark may be registered with priority date based on the above
mentioned  application in a convention country under the provisions of Section 154 of the Act.
[8].................................. [9]...............................All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10..SIGNATURE
NAME OF SIGNATORY IN   LETTERS.
ToIP/N/1/IND/T/2
Page 117
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at [11]........................
1. The Registrar's direction may be obtained if the class of the goods or services is not known.
      2. Specify the goods or services for the class  in respect of which application is made.   A
separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed 500 alphabetic characters.  An excess space fee of Rs.10
per alphabetic character is payable beyond this limit.  [See rule 25(16)]. The applicant must
state the exact number of  excess alphabetic characters where the specification of goods or
services exceeds 500 character at the space provided immediately before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of
the applicant).  In the case of a body corporate or firm the country of incorporation or the
names and descriptions of the partners composing the firm and the nature of registration, if
any, as the case may be, should be stated.  (See rule 16.)
4. The applicant must state  the address of  his principal place of business in India.  if any. (See
rules 3 and 17) If the applicant carries on business in the goods or services for which
registration is sought at only one place in India such fact should be stated and the address of
the place given.  If the applicant carries on business in the goods or services  concerned at
more places than one in India the applicant should state  such fact and give the address of that
place of  business which he considers to be his principal place of business. If, however, theapplicant does not carry on business in the goods or services concerned but carries on
business in other goods or services at any one place in India this fact should be stated and the
address of that place given; and where the applicant carries on such business at more places
than one in India such fact should be stated  and  the address of the place which he considers
to be  his principal place of business given.  Where the applicant is not carrying on anybusiness in India  the fact should be stated  and  the place of his residence in India, if any,
should  be stated and the address of that place given.  In addition to the principal place of
business or of residence in India, as the case may be, an applicant may if he so desires given
an address in India to which communications  relating to the application may be sent). (see
rule 19).  Where the applicant has neither a place of business nor of residence in India the factshould be stated and an address for service in India given along with his address in his home
country abroad.
    5. Strike out if the mark is already in use.    6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicanthimself should be stated  at 8.
    7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods or services in  respect of which the mark has actually been used should be
stated.
    8. For additional matter if required, otherwise to be left blank.    9. If colour combination is claimed, clearly indicate it and state the colours.  If the application is
in respect of a three dimensional  mark, a statement to that effect  [See rule 25 and 29].
    10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- (See Section 145).IP/N/1/IND/T/2
Page 118
    11. State the name of the place of the appropriate office of the Trade Marks Registry –
(See Rule 4.)
FORM TM-38
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.43 of the First Schedule and Footnote below.
Application by registered proprietor under section 59(1) for an addition to or alteration of a
registered trade mark.  [Rule 98].
In the matter of Trade Mark No...........................................................registered in class ..................
Application is hereby made by'................. being the regi stered proprietor(s) of the registered trade
mark numbered as above for leave to add to or alte r the said trade mark in the following particulars,
that is to say[2]..............
Five copies of the mark as it will appear when so altered are filed herewith.
[3]A copy of this application and a copy of the mark as it will appear when so altered have beenserved on the registered user (s).
All communications relating to this application may be sent to the following address in India:-
Dated this ..........day of ..........20...........
[ 4]..........................
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [5].............
1. Insert name and address of the registered proprietor.
2. Fill in full particulars.
3. Strike out if not applicable.
4.       Signature of the registered proprietor or of his agent.
5. State the name of the place of the appropriate office of the Trade Marks Registry. (See rule 4.)
Footnote: Fee Rs.2500. In the case of  associated trade marks fee for the first registration
Rs.2500; for each additional registration Rs.1000.  No fee is however, payable in case
the addition to or alteration of the mark is made as a result of an order of a public
authority or in consequence of a statutory requirement.IP/N/1/IND/T/2
Page 119
FORM TM-39
THE TRADE MARKS  ACT, 1999
Agent's Code No.
Proprietor's Code No.
Rs.1500/-
Notice of opposition to application for addition to or alteration of a registered trade mark.
[Section 59(2) Rule 99(2)]
(To be filed in triplicate)
In the matter of  Trade Mark No.............................................registered in the  name of ............. in
class .............................
I (or we)' ......................................................................................hereby give notice of my (or our) intention to oppose the addition to or alteration  of the Trade Mark
numbered and registered as above, so that it shall be in the form shown in the application advertised in
the Trade Marks Journal of the .............day  of..........20......... No..................Page........
The grounds of opposition are as follows:-
The ...............[2]office of the  Trade Marks Registry has been entered in the Register as the
appropriate office in relation to the trade mark.
All communications relating to this application may be sent to the following address in India:-
.................................
..............................
Dated this ............day of .................20...............
3...............................
SIGNATURENAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [2] ...................
1. State full name and address. An address for service in India should be stated if the person
giving notice has no place of business or of residence in India.
2. State  the name of the place of the appropriate office of the Trade Marks Registry. (See rule 4)
3. Signature of the person giving notice or of his agent.IP/N/1/IND/T/2
Page 120
FORM TM-40
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee. Rs.1000/-
Application by the proprietor of a registered trad e mark for the conversion of the specification.
[Rule 101(1)
In the  matter of Trade Mark No.....................................registered in the name of ............in
class..................................of the Fourth Schedule.
Application is hereby made by' ...............................the re gistered proprietor of the above numbered
trade mark of the conversion of the specification of the above mentioned registration and[2] the
specification(s)  of the Registered User(s) thereunder  in consequence of the amendment of the Fourth
Schedule to the Trade Marks Rules, 2002.
The specification(s) entered in the register in accordance with the said schedule prior to amendment is
(are):-
..........................................................................................................
It is requested that the Registrar should propose the following specification in accordance with the
amended schedule:-
Class ................
Class ..............
3 A copy of this application has been served on the registered user(s)
All communications relating to this application may be sent to the following address in India:-
Dated this .............day of ..........20...........
4..........................
SIGNATURE
NAME OF SIGNATORYIN  LETTERS
To
The Registrar of Trade Marks 
The Office of the Trade Marks Registry at [5].........
1. Insert the name and address of the  registered proprietor.
2. Cancel the words in italics, if there are no registered users.3. Strike out if not applicable.
4. Signature of the registered proprietor or of his agent.
5. State the name of the place of the appropriate office of the Trade Marks Registry – (See
rule 4).IP/N/1/IND/T/2
Page 121
FORM TM-41
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.46 of the First Schedule.
Notice of opposition to proposal for conversion of specification
[Section 60(2)Rule 101(4)]
[To be filed in triplicate accompanied by a statement in triplicate showing how the proposed
conversion would be contrary to section 60(1)]
In the matter of Trade Mark(s)'..................................................registered in the name of .................... in
class .....................of the Fourth Schedule.
I(or we)[2]...........................hereby give  notice of my (or our) intention to oppose the proposal for the
conversion of the specification(s) of the trade mark(s) advertised in the Trade Marks Journal of the
............day of .......20........No..........page..........
The grounds of opposition are as follows:
The [3] ...........................office of the Trade Marks Registry has been entered in the  register as the
appropriate office in relation to the trade mark(s).
All communications relating to this application may be sent to the following address in India:-
............................................
Dated this ............day of ........20..........
[4]..........................
To
The Registrar of Trade marks
The Office of the Trade Marks Registry at[3]..............
1. The numbers of more than one trade mark (being associated trade marks) dealt with by the
same proposal may be given provided the specification are the same and the marks are
associated.
2. State full name and address.  An address for service in India should be stated if the person
giving notice has no place of business or of residence in India
3. State the name of the place of the appropriate office of the Trade Marks Registry – (See
rule 4).
4. Signature of the person giving notice or of his agentIP/N/1/IND/T/2
Page 122
FORM TM-42
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.47 of  the First Schedule.
Request to alter or amend  the deposited regulations governing  the use of a collective mark or
to alter the deposited regulation of  a certification trade mark.
[Section 66 or 74(2);  Rule 132(a), 140]
(To be accompanied by two duplicates of the application and four copies  of the regulations having
the proposed amendment or alterations shown in red therein)
Application is made by' ...............................................................who is  ( or are) the proprietor(s) of th e
Collective mark/Certification Trade Mark(s) Nos.[2  .........[3] registered in class ........in respect of [4]....... that the deposited regulations governing the use  of the said marks may be amended or altered in
the manner shown in red in the accompanying copies  of the regulations as proposed to be amended or
altered.
All communications relating to this application may be sent to the following address in India:-
Dated this ...........day of .......20.........
[5]...............................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade marks
The Office of the Trade Marks Registry at [6]...................
1. State name and address of the proprietor(s) as registered.
2. If the same regulations apply to more than one registration of Collective Marks or
Certification Trade Marks entered in the Register as associated marks, the numbers of all the
registrations should be stated.
3. Additional numbers and specifications may be  given in a signed schedule on the back of the
Form.
4. State the specifications of the respective registrations.
5. Signature.
6. State the name of the place of the appropriate office of the Trade Marks Registry –(See
Rule 4).IP/N/1/IND/T/2
Page 123
FORM TM-43
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Rs.1000/-
Application for the removal from the of a collecti ve mark or to cancel or vary the registration of
a certification trade mark.
[Section 68,77 and Rules 133,139.]
(To be filed in triplicate alongwith a statement  of case in triplicate).
In the matter of Collective Mark/Certification Trade Mark
NO.................................................registered in the name of ………….. in class  .............  (or We)'
........................................................
...............................................................................................................................
being an aggrieved person(s) hereby apply for an order of the Registrar that .
[2] The entry in the Register in respect of the abovementioned Collective Mark/Certification
Trade Mark may be [3] expunged/varied in the following manner:
The grounds of my(our) application are as follows:[4]-.......................................................................................
The facts and matters set forth in the enclosed statement of case are true to the best of my
 (our) knowledge, information and belief.
All communications relating to this application may be sent to the following address in India:-............................................................................................................................... .....................................
.......................................................................
Dated this ..............day of  ...........20............
5.........................................................
SIGNATURE
NAME OF SIGNATORY IN
 LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [6]
1. State full name, address and nationality. An address for service in India should be stated if the
applicant has no place of business or of residence in India. (See rule 18).
2. Strike out that is  not applicable.3. Strike out word not applicable.
4. Specify any of the grounds set forth in section 68 or clauses(a) to (d) of section 77, as the case
may be.
5. Signature.
6. State the name of the place of the appropriate  office of the  Trade Marks Registry – (See
Rule 4)IP/N/1/IND/T/2
Page 124
FORM TM-44
THE TRADE MARKS  ACT, 1999
      Agent's Code No:
Proprietor's Code No:
Fee: Rs.500/-
Application for extension of time for giving notice of opposition
[Section 21(1) Rule 47(6)]
In the  matter of application
No............................................................................................................................. ....................
I (or We)' .................................................................................................................... ......................
hereby apply for extension of time of [2] ...............for giving notice of opposition to the registration of
the trade mark advertised under the above number  for class .........in the Trade Marks Journal dated
the .............day of .........20......
The reasons for making the application are as follows:-All communications relating to this application may be sent to the following  address  in India [3]-
................................................................
.............................................................
Dated this .............. day of .............20.........
[4].........................................SIGNATURE
NAME OF SIGNATORYIN  LETTER
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry  at[5]......
1. State full name and address.
2. Insert the period of extension required which shall not exceed one month  beyond three
months from the date of advertisement or re-advertisement, as the case may be, of the
application in the Journal.
3. To be stated only where the address given is not an address in India
4. Signature.4. State the name of the place of the appropriate office of the Trade Marks Registry-  (See
rule 4).IP/N/1/IND/T/2
Page 125
FORM TM-45
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs. 2500/-
Application to register a textile trade mark consisting exclusively of letters or numerals from a
convention country
[Section 18(1) and 154(2); Rule 25(6), 26, 144 and 145]
(To be filled in triplicate accompanied by  five  additional representation of the trade mark)
One representation to be fixed within this
space and five others to be sent separately.
Representation of the larger size may befolded but must then be mounted upon linen
or other suitable material affixed thereto.
(See rule 28.)
Application is  hereby made for registration in  the register of the accompanying
trade mark in class 1  .................................. in respect of 2  ........................in the name(s) of
3................... whose address is 4   ....................... who claim (s) to be the proprietor(s) thereof [and by
whom the said mark is proposed to be used 5 or  (and by whom and his (their) predecessor(s) in title 6
the said mark has been continuously used since ..........] in respect of the said goods or services.7
The application in a convention country to register the trade mark has been made in
on
A certified copy certified by an official of the convention country in which the  application
was filed is enclosed (along with its translation in English).
I/We request that the trade mark may be registered with priority date based on the above
mentioned  application in a convention country under the provisions of Section 154 of the Act.
[8]..................................9................................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10..SIGNATURE
     NAME OF SIGNATORY IN LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at. [11].......................
1. The Registrar's direction may be obtained if the class of the goods or services is not known.2. Specify the goods for the class  in respect of which application is made.   A separate sheet
detailing the goods may be used.  The specification of goods should not ordinarily exceed 500
characters.  An excess space fee of Rs.10 per character is payable beyond this limit.  [See rule
25(16)]. The applicant must state the exact number of  excess  characters where theIP/N/1/IND/T/2
Page 126
specification of goods or services exceeds 500 character at the space provided immediately
before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, asthe case may be, should be stated.  (See rule 16).
4. The applicant must state  the address of  his principal place of business in India.  if any.  (See
rules 3 and 17).If the applicant carries on business in the goods for which registration is
sought at only one place in India such fact shou ld be stated and the address of the place given.
If the applicant carries on business in the goods  concerned at more places than one in India,
the applicant should state  such fact and give the address of that place of  business which heconsiders to be his principal place of business. If, however, the applicant does not carry on
business in the goods or services concerned but carries on business in other goods or services
at any one place in India, this fact should be stated and the address of that place given; and
where the applicant carries on such business at more places than one in India such fact should
be stated  and  the address of the place which he considers to be  his principal place ofbusiness given.  Where the applicant is not carrying on any business in India  the fact should
be stated  and  the place of his residence in India, if any, should  be stated and the address of
that place given.  In addition to the principal place of business or of residence in India, as the
case may be, an applicant may if he so desires given an address in India to which
communications  relating to the application may be sent). (see rule 19).  Where the applicanthas neither a place of business nor of residence in India the fact should be stated and an
address for service in India given along with his address in his home country abroad.
5. Strike out if the mark is already in use
6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 8.
7. If there has been no use of the trade mark in respect of all the goods specified at 2, the items
of goods  in  respect of which the mark has actually been used should be stated.
8.     For additional matter if required, otherwise to be left blank.9.     If colour combination is claimed, clearly indicate it and state the colours.  If the applicatin is
in respect of a  three dimensional,a  statement to that effect  [See rule 25  and 29].
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section 145).
11. State the name and place of the appropriate office  of the Trade Marks Registry – (See rule 4).IP/N/1/IND/T/2
Page 127
FORM TM-46
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee.: See entries Nos.51, 52 and 53 of the First Schedule
Request for certificate of the Registrar
[Section 137 or 148(2). Rule 119 and 120].
 In the matter ' of  Trade Mark No. .............................................. registered in ............ Class /
classes......................................................... I (or we)2 ................................................her eby request the
Registrar to furnish me (us) with his  certificate   to the effect that4 .............................
a certified copy
......................................................... .........................................................
......................................................... .........................................................  [3]a certi ficate of  the
registration of Trade Marks for use in obtaining  registration  in[5] ......................................
...................  The certificate/certified copy  be sent to the following address in India
[6].........................................................
Dated this .............day of ......20..........
All communications relating to this application may be sent to the following address in India:-
SIGNATURE[7]
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [8]................
1. These words may be varied to suit other cases.
2. Insert name, address and nationality of the person making the request.
3. Strike out words that are not applicable.4. Set out the particulars which the Registrar is required to certify   or state particulars of the
document of which a certified copy is required.
5. Insert the name of country or state.
6. To be stated only where the address given at is not an address in India
7. Signature8. State the name of the place of the appropriate office of the Trade Marks Registry – (See
rule 4.)IP/N/1/IND/T/2
Page 128
FORM TM-47
THE TRADE MARKS  ACT, 1999
Agent's code:
Proprietor's code:
Fee: Rs.200/-
Request for entry in the register and advertisement  of a note of certificate of validity by the
Appellate Board
[Section 141 rule 124]
 
In the matter of Trade Mark No.....................................registered in class ............... in the name of
[1].................................... .................................... .................................... hereby reques t the Registrar
to add to the entry relating to the above numbered Tr ade Mark in the register, and to advertise in the
Trade Marks Journal, a note that in [2] ............................
 ....................................
the Appellate Board certified that the validity of the said registration came into question and was
decided in favour of the proprietor of the Trade  Mark in the terms of accompanying officiallycertified copy of the certificate of validity.
All communications relating to this application may be sent to the following address in India:-
Dated this .............day of..........20........
[3]....................................
SIGNATURE
NAME OF SIGNATORYIN  LETTERS
To
The Registrar of Trade Marks
The office of the Trade Marks Registry at[4]  ....................................
1. State the name and address of the registered proprietor.
2. State the nature of the proceedings with the names of the parties to them, in which the
certificate was given.
3. Signature.
4. State the name of the place of the appropriate office of the Trade Marks Registry – (See
Rule 4).IP/N/1/IND/T/2
Page 129
FORM TM-48
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Form of Authorisation of Agent
(Section 145 and rule 21)
I(or we)'  .................................... .................................... hereby authorise[2]  ..................... ...............
.................................... .................................... of  .................................... ............ ........................
.................................... to act as my (or our) agent for [3]  ....................................and request that all
notices, requisitions and communications relating thereto may be sent to such agent at the above
address,.
I (or we) hereby revoke all previous authorisations,  if any, in respect  of the proceeding.All communications relating to this application may be sent to the following address in India:-Dated this .............day of ...........20........
[4] ....................................SIGNATURE   
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at  [5]....................................
1. Insert full name, address and nationality. (See rule 16).
2. Insert full name and address of agent (legal practitioner, registered  trade marks agent or a
person in the sole and regular employment of the person appointing the agent).
3. State the particular matter or proceeding for which the agent is appointed giving the reference
number if known.
4. To be signed by the person appointing the agent.5. State the name of the place of the appropriate office of the Trade Marks Registry- (See
rule 4).IP/N/1/IND/T/2
Page 130
FORM TM-49
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Draft of regulations
[Section 63, 71 Rule 128(1),135(1)]
(To be  accompanied by three copies of the  draft regulations)
Regulations for governing the use of Collective Mark No………./Certification Trade Mark1 No.
.................................... Class  .................................... in respect of 2
(for official use)
Advertised  in the Trade Marks Journal No. .................................... at page  ....................... on the
.......................day of ............. 20.....
All communications relating to this application may be sent to the following address in India:-
(Date of application and registration ......20...)
1. Strike out whichever is not applicable.
2. Specify the goods or services.IP/N/1/IND/T/2
Page 131
FORM TM-50
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entries No.40 and 41 of the First Schedule.
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, alt er or substitute an address for service in India as
part of  his registration (rules  91, 96, 97)
Request is made by ' .................................... who is the re gistered [2] proprietor (user) or Trade
Mark(s) Nos. .................................... [3] registered in class  ....................................  for the[4] add ition,
alteration or substitution of an address for service in India in or to the entry  thereof  so that the
address for service in India may read [5] ....................................
All communications relating to this application may be sent to the following address in India:-
Dated this ....................................day of  ....................................20.......
[6] ....................................
SIGNATURE
NAME OF SIGNATORY
IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [7] ....................................
1. Here insert the full name and address of the person making the request.
2. Strike out one of the words "Proprietor" or "user" as the case may be.
3. Additional numbers (where the marks are entered in the register as associated  trade marks)
may be given in a  signed schedule on the back of the Form.
4. Cancel the words that are not applicable.
5. State here the precise entry or changed entry desired.
6. Signature.
7. State the name of the place of the appropriate office of the Trade  Marks Registry – (See
rule 4)
Note: A   registered proprietor or a registered user whose address for service in India has been
altered by a public authority so that the changed address designates the same premises as
before may make also the statement for which there is provision on the back of this Form in
order to avoid payment of fees
(To appear on the back of this form)
(For use only in case an address for service in India is changed by a public authority, without change
of premises).IP/N/1/IND/T/2
Page 132
The change of address for service in India for the entry of which application is made on the other side
of this form was ordered by[8] .................................... on the  .................................... day
of............20..........
An officially certified copy of the order is enclosed herewith.
Dated this ..........day of .......20......
 [9]....................................
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
8. Here insert the name of the public authority ordering the change and date thereof.
9. Signature.
Note: If the above statement be made and an officially certified copy of the order by the named
authority necessitating the alteration be supplied, the Registrar if satisfied as to the facts of the
case will not require any fee to be paid on Form TM-50  [see rule 96(3)].IP/N/1/IND/T/2
Page 133
FORM TM-51
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee:   Rs.2500/- for each class
A single application for registration of a trade mark for different classes of goods or
services(other than a  collective ma rk or a certification trade mark).
[Section 18(2), Rule 25(9), 103.]
(To be filed in triplicate accompanied by five  additional representations of the trade mark)
One representation to be fixed within this
space and five others to be sent separately.
Representation of a larger size may be
folded but must then be mounted upon linen
or other suitable material and affixed hereto.
[See rule 28].
Application is  hereby made for registration in  the register of the accompanying
trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   ....................... who claim (s) to be the
proprietor(s) thereof and by whom the said mark is proposed to be used 5 or  (and by whom and his
(their) predecessor(s) in title 6 the said mark has been continuously used since .......... in respect of the
said goods or services.7
8..................................
9................................
All communications relating to this application may be sent to the following address in India:-Dated this ................day of ...........20............
10..SIGNATURE
NAME OF SIGNATORY IN
LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at [11]........................
1. The Registrar's direction may be obtained if the class or classes of the goods or services is not
known.IP/N/1/IND/T/2
Page 134
2. Specify the goods or services for the class  or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed 500 alphabetic characters.  An excess space fee of Rs.10
per alphabetic character is payable beyond this limit.  See rule 25(16). The applicant must
state the exact number of  excess  characters where the specification of goods or servicesexceeds 500 character at the space provided immediately before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  (See rule 16).
4. The applicant must state  the address of  his principal place of business in India.  if any.  (See
rules 3 and 17)If the applicant carries on business in the goods or services for which
registration is sought at only one place in India, such fact should be stated and the address of
the place given.  If the applicant carries on business in the goods or services  concerned at
more places than one in India the applicant should state  such fact and give the address of thatplace of  business which he considers to be his principal place of business. If, however, the
applicant does not carry on business in the goods or services concerned but carries on
business in other goods or services at any one place in India this fact should be stated and the
address of that place given; and where the applicant carries on such business at more places
than one in India such fact should be stated  and  the address of the place which he considersto be  his principal place of business given.  Where the applicant is not carrying on any
business in India  the fact should be stated  and  the place of his residence in India, if any,
should  be stated and the address of that place given.  In addition to the principal place of
business or of residence in India, as the case may be, an applicant may if he so desires given
an address in India to which communications  relating to the application may be sent. [seerule 19].  Where the applicant has neither a place of business nor of residence in India the fact
should be stated and an address for service in India given along with his address in his home
country abroad.
5. Strike out if the mark is already in use6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods or services in  respect of which the mark has actually been used should bestated.
8. For additional matter if required, otherwise to be left blank.9. If colour combination is claimed, clearly indica te it and state the colours. If the application is
in respect of a  three dimensional trade mark a statement to that effect. [See rule 25 and 29]
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant)- (See Sec. 145).
11. State the name and place of the appropriate office of the Trade Marks Registry- (See rule 4).IP/N/1/IND/T/2
Page 135
FORM TM-52
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.2500/- for each class
A single application for registration of a trade mark for different classes of goods or services
(other than a collective trade mark or certific ation trade mark) from a convention country .
[Section 18(2) Rule 25(4), 103]
One representation to be fixed within this
space and five others to be sent separately.
Representation of a larger size may befolded but must then be mounted upon linen
or other suitable material and affixed hereto.
(See rule 28).
Application is  hereby made for registration in  the register of the accompanying
trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   ....................... who claim (s) to be the
proprietor(s) thereof [and by whom the said mark is proposed to be used 5 or  (and by whom and his
(their) predecessor(s) in title 6 the said mark has been continuously used since ..........] in respect of the
said goods or services.7
The first application in a convention country to register the trade mark has been made
in              on
A certified copy certified by an official of the convention country in which the  application
was filed is enclosed (along-with, its translation in English).
I/we request that the trade mark may be registered with priority date based on the above
mentioned  application in a convention country under the provisions of Section 154 of the Act.
8..................................9................................
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
10..SIGNATURE
NAME OF SIGNATORY IN  LETTERS.IP/N/1/IND/T/2
Page 136
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at [11]........................
1. The Registrar's direction may be obtained if the class of the goods or services is not known.2. Specify the goods or services for the class  in respect of which application is made.   A
separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed 500 alphabetic characters.  An excess space fee of Rs.10
per  character is payable beyond this limit.  [See rule 25(16)].  The applicant shall state the
exact number of  excess  characters where the specification of goods or services exceeds 500
alphabetic character at the space provided immediately before the signature.
3. Insert legibly the full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  (See rule 16).
4. The applicant must state  the address of  his principal place of business in India.  if any.  (See
rules 3 and 17)If the applicant carries on business in the goods or services for which
registration is sought at only one place in India, such fact should be stated and the address of
the place given.  If the applicant carries on business in the goods or services  concerned atmore places than one in India, the applicant should state  such fact and give the address of that
place of  business which he considers to be his principal place of business. If, however, the
applicant does not carry on business in the goods or services concerned but carries on
business in other goods or services at any one place in India this fact should be stated and the
address of that place given; and where the applicant carries on such business at more placesthan one in India such fact should be stated  and  the address of the place which he considers
to be  his principal place of business given.  Where the applicant is not carrying on any
business in India  the fact should be stated  and  the place of his residence in India, if any,
should  be stated and the address of that place given.  In addition to the principal place of
business or of residence in India, as the case may be, an applicant may if he so desires give anaddress in India to which communications  relating to the application may be sent. [see rule
19].  Where the applicant has neither a place of business nor of residence in India the fact
should be stated and an address for service in India given along with his address in his home
country abroad.
5. Strike out if the mark is already in use
6. Strike out the words  if not applicable.  If user by predecessor(s) in title is  claimed the
name(s) of such person(s) together with the date of commencement of use by the  applicant
himself should be stated  at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods or services in  respect of which the mark has actually been used should bestated.
8.         For additional matter if required, otherwise to be left blank.9.        If colour combination is claimed, clearly in dicate it and state the colours. If the mark is a three
dimensional trade mark a statement to that effect . [See rule 25 and 29].IP/N/1/IND/T/2
Page 137
10. Signature of the applicant or of his agent (legal  practitioner or registered trade marks agent) or
person in the sole and regular employment of the applicant- See Section 145).
11.  State the name and place of  the appropriate office of the Trade Marks Registry. [See rule 4].IP/N/1/IND/T/2
Page 138
FORM TM-53
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Fee: Rs.1,000 as Divisional fee plus appropriate class fee. See entry NO.68 of the first schedule.
Application for the  division of an application or  of a single application for different classes of
goods or services.
[Proviso to Section 22 Rule 104(1)]
(To be filed in triplicate accompanied by three additional representation of the mark)
In the matter of Trade Mark No.…………………in Class……….. in the name of …………….filed
on ……………..
I (or we)1 ……………hereby request the Registrar to divide the application No…………. ……… in
class…………. in the following class or classes 2  and/or or to divide the specification of goods or
services in Class ………………... as indicated below:
……………………………….
……………………………….
A copy of the Registrar order on the request  may be sent to the following address in India :-
Dated this ……………..day of  ………….
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 3
1. Insert the full name, address and nationality of the applicant.
2. Mention the goods or services and the class or classes in which it is to be registered in
ascending numerical order.
3. State the name of the place of the appropriate office of the Trade Marks Registry – (See
rule 4).
4. Signature of the applicant or agent (legal practitioner or registered trade marks agent)IP/N/1/IND/T/2
Page 139
FORM TM-54
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.500/-
Request for search
[Rule 24(1)]
The Registrar is hereby requested under rule  24(1) to search in  class' ................in respect
of[2]................. to ascertain whether any Trade Marks are on record which resemble the Trade Mark
sent herewith in triplicate [each representation  being mounted on a sheet of strong paperapproximately  33 centimetres by 20 centimetres in size
All communications relating to this application may be sent to the following address in India:-Dated this ..............day of ...........20.......
3.................................
SIGNATURENAME OF SIGNATORY IN
LETTERS
4................................
To
The Registrar of Trade Marks,The Office of the Trade Marks Registry at [4].............
1. The Registrar's direction may be obtained if the class is not known.
2. Specify the goods or services (in the class stated) in respect of which the search is to be made.
3. Signature.3. State the name of the place of the office of the appropriate office of the Trade Marks Registry
(see rule  4)
Footnote: No fee is payable in cases  where the directions of the Central Government for
exemption from payment of fee have been obtained.IP/N/1/IND/T/2
Page 140
FORM TM-55
THE TRADE MARKS  ACT, 1999
Fee : Rs.1000/-
Application for  Registrar's preliminary advice as  to distinctiveness by a person proposing to
apply for the registration of a trade mark.
Section 133(1)  Rule 23.
I (or we)' ................................................................................hereby request the Registrar to advi ce me
/ us whether the accompanying trade mark[2] appears to him prima facie to  be distinctive in respect
of my / our goods or services.
The goods or services in respect of which I / we propose to apply for registration of the said trademark are [3]......................................... in class [4]..........................
The Registrar's advice may be sent to the following address in India :-
Dated this ............day of ..........20..........
5.........................
SIGNATURE
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [6].................
1. State the name and address in full.
2. To be sent in triplicate, each representation being mounted on  a sheet of strong paper
approximately 33 centimetres by 20 centimetres in size.
3. Here specify the goods or services .  Only goods or services included in one and the same
class should be specified.  A separate  application is  required for each class.
4. State only if the address given at is not of a place in India.
5. Signature
6. State the name of the place of the appropriate office of the Trade Marks Registry (see rule 4).
Footnote: If and when an application is made to register the trade mark, objection may arise if
identical or deceptively similar marks are found on the records of the Trade MarksRegistry.  A prior notification of any such relevant marks(if they are  to be found) can
be obtained by a request to the Registrar on Form TM-54.IP/N/1/IND/T/2
Page 141
FORM TM-56
THE TRADE MARKS  ACT, 1999
Agent's code No:
Proprietor's code No:
Fee: Rs.500/-
Application for extension of time [not being a ti me expressly provided in the Act or prescribed
by rule 79 or by rule 80(4)] or a time for the extension of which provision is made in the rules.
[Section 131. Rule 105.]
In the matter of '.......................................................
I (or we)2........................................................................being the '................................ i n the above
matter hereby apply for an extension of time of 3.................for4...............on the following grounds:-
All communications relating to this application may be sent to the following address in India:-
Dated this ...................day of .........19.........
5.............................
SIGNATURENAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 6...............
1. Here insert words and reference number iden tifying the matter in respect of which the
application is made.
2. State full name and address.3. Insert the period of extension required.
4. State the purpose for which extension of time is required.
5. Signature.
6. State the name of the place of the appropriate office of the Trade Marks Registry- See rule 4.
Fee: Rs.500IP/N/1/IND/T/2
Page 142
FORM TM-57
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Application for review of Registrar's decision
Section 127(c) Rule 115
(To be filed in triplicate together with a statement in triplicate - vide Rule 115)
In  the matter of '............................................................................
I (or we)2 .................................................... being the ....................... in the above matter hereby ap ply
to the Registrar for  the review of this decision dated the ............. day of ...........20..........., in the above
matter.
The grounds for making this application are set forth in the accompanying statementAll communications relating to this application may be sent to the following address in India:-
Dated this .............day of ............20.........
3......................
SIGNATURE
                      NAME OF SIGNATORY IN
                        LETTERS
To
The Registrar of Trade Marks
The office of the Trade Marks Registry at 4...................
1. Here Insert the words and reference number identifying the matter in respect of which the
application is made.
2. State full name and address.
3. Signature.
4. State the name of the place of the appropriate office of the Trade Marks Registry -See rule.
Fee: Rs.2000IP/N/1/IND/T/2
Page 143
FORM TM-58
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Request  to Registrar for particulars of advertisement of  a mark, Rule 46
I (or we)' .................................................................................... hereby request that I (or we) m ay be
informed of the number, date and page of the Journal in which the trade mark sought to be registered
under Application No.................in the name of ....................is advertised
The information may be sent to the following address in India 2-Dated this ................day of ..........20.........
3...........................
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 4.................
1. State full name and address.
2. State only if the address given at  2 is not of a place in India.
3. Signature.
4. State the name of the place of appropriate office of the Trade Marks Registry - See rule 4.
Fee: Rs.250IP/N/1/IND/T/2
Page 144
FORM TM-59
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Request for duplicate or further copy of the certificate of registration . Rule 62(3).
(If the applicant had furnished a label  for advertisement, this Form must be accompanied by  one
unmounted representation of the mark exactly as s hown in the Form of application at the time of
registration)
I (or we)'......................................................................................request the Registrar to furnis h me (us)
with 3 duplicate /further copy of the certificate of registration issued to me (us) under sub-section (2)
of section 23 in respect of my (our) Trade Mark  NO. .............. registered in class ..........in the
Register.
The 2 duplicate/further copy of the certificate may be sent to my (our) following address  in India:-
............................................................
Dated this ............day of ...........20.....
3...........................
SIGNATURE
NAME OF SIGNATORYIN  LETTERS
To
The Registrar of Trade Marks
The office of the Trade Marks Registry at 4...............
1. Insert the name and address of the registered proprietor.
2. Strike out whichever  is not applicable.
3. Signature of the registered proprietor or of his agent.
4. State the name of the place of the appropriate office of the Trade Marks Registry- See rule 4.
Fee: Rs.500IP/N/1/IND/T/2
Page 145
FORM TM-60
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Request for search and issue of certificate under rule 24(3)
The Registrar is hereby requested under rule 24(3) to search to ascertain whether any trade marks are
on record which resemble the artistic work sent herewith in triplicate (each artistic work being
mounted in a sheet of strong paper approximately 30 centimetres by 20 centimetres in size) and issue
a certificate for use under section 45 of the Copyright Act, 1957.
All communications relating to this application may be sent to the following address in India:-
Dated this .................day of .........20..........
{1} SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at Mumbai
1. Signature.
2. Address in India.
Fee: Rs.5000IP/N/1/IND/T/2
Page 146
FORM TM-61
THE TRADE MARKS ACT,1999
Agents Code No:
Proprietor's Code No:
Application under sub-rule 16 of Rule 25 for incl usion of specification of goods or services in
excess of 500  alphabetic characters.
I(we)1………………..being the applicant for the registration of a trade mark under No…………. in
class …………….hereby submit a sum of Rs……………..being the excess space fee at the rate ofRs.10 per alphabetic character in excess of the 500 alphabetic characters under sub-rule 16 of rule 25
I (we) state the total number of excess character under the aforesaid application is
……………….
All communications relating to this application may be sent to the following address in India:-
Dated this …………………….day of ………………..20
2 SIGNATURE
NAME OF SINGATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry,
at 3
1. Insert the full name and address of the applicant.
2. Signature of applicant or agent.
3. State the name of the place of the appropriate office of the Trade Marks Registry (see rule 4).
Fee: Rs.10 per alphabetic character in excess of  500 alphabetic characters.IP/N/1/IND/T/2
Page 147
FORM TM-62
THE TRADE MARKS ACT,1999
Agents Code No:
Proprietor's Code No:
Application for the consent of the Registrar under Section 43, Rule 140(2) to the assignment or
transmission of certification trade mark.
(To be filed in triplicate accompanied by three copies of the draft deed of assignment or by an
affidavit and two copies of the affidavit)
I (or We) 1 ………being the registered proprietor  of Certification Trade Mark NO…………..
registered in class (es) ……………hereby apply for the consent of the Registrar to the assignment or
transmission of the aforesaid Certification Trade Mark to 2………….
3A draft deed of the proposed assignment is transmitted herewith
3 The circumstances under which the transmission takes place are set forth in the accompanying
affidavit
All communications relating to this application may be sent to the following address in India:-
Dated this …………… day of ……….20….
4 SIGNATURE
NAME OF SIGNATORY
IN LETTER
To
The Registrar of Trade Mark
The Office of the Trade Mark Registry at 5……….
1. Insert the name, address and nationality of the registered proprietor.
2. Insert name, address and nationality and description of the proposed transferee.3. Strike out one of these paragraphs not required in any particular case.
4. Signature of the registered proprietor or of his agent.
5. State the name of the place of the appropriate office of the Trade Marks Registry -See rule 4.
Fee: Rs.1,000/-IP/N/1/IND/T/2
Page 148
FORM TM-63
THE TRADE MARKS ACT,1999
Agent's Code No:
Proprietor's Code No:
Request under rule 38(1) for the expedited examination of an application for the registration of
a trade mark.
Rule 8 (c ), 38(1)
In the matter of Application NO……………… in class …………….. filed on ………………
I (we) hereby request the Registrar for the issuance of an expedited examination report in
respect of the above mentioned application.
The reasons for the request is mentioned in the accompanying declaration.
All communications relating to this request may be sent to the following address in India:-
Dated this …………….. day of ………….20….
1……………..
2……………
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at Mumbai………….
Signature.
Name of signatory in  letter.
Fee: Rs.12,500IP/N/1/IND/T/2
Page 149
FORM TM-64
THE TRADE MARKS ACT,1999
Agent's Code No:
Proprietor's Code No:
Application under section 63(1) to register a co llective mark for a specification of goods or
services included in a class from a convention country under section 154(2) Rule 128(1)
(to be filed in triplicate accompanied by three copies of the draft regulation with Form TM-49)
One representation is to be fixed within this space and five others is to be sent separately.
Representation of a larger size may be folded but must then be mounted upon linen or other suitable
material and affixed hereto.  See rule 28.
Application is hereby made for registration in the Register of  Trade Mark of the accompanying
collective mark in class1……….. in respect of 2………… in the name of3……….whose address is4…………
The first application in a country to register the collective mark has been made in ……..on
……….
A certified copy certified by an official of the convention country in which the first
application was filed is enclosed (along with its translation in English)
I(we request that the collective  mark may be registered with priority date based on the above
mentioned first application in a convention country under the provisions of Section 154 of the Act.
All communications relating to this application may be sent to the following address in India:-
Dated this ………. Day of ……..20……
{5}……………
           SIGNATURE
NAME OF SIGNATORY IN
LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 6……………
1. The Registrar's direction may be obtained if the class of the goods or services is not known.2.   Specify the goods or services.3. Insert the full name, description (occupation and calling and nationality of the applicant). In
the case of a body corporate or firm the country of incorporation or the names anddescriptions of the partners composing the firm and the nature of registration, if any, as the
case may be, should be stated.  See rule 16.IP/N/1/IND/T/2
Page 150
4. Here insert the full address of the applicant.  If the applicant is a body corporate the nature
and country of incorporation should be stated.  (See rule 16).
5. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Sec. 145)
6. State the name of the place of the appropriate office of the Trade Marks Registry – (See
rule 4).
Fee: Rs.10,000IP/N/1/IND/T/2
Page 151
FORM TM-65
THE TRADE MARKS ACT,1999
Agent's Code No:
Proprietor's Code No:
Application under section 71 to register a certification trade mark for  specification of goods or
services included in a class from a convention country under section 154(2) Rule 135(1)
(to be filed in triplicate accompanied by three copies of the draft regulation with Form TM-49)
One representation is to be fixed within this space and five others is to be sent separately.
Representation of a larger size may be folded but must then be mounted upon linen or other suitable
material and affixed hereto.  See rule 28.
Application is hereby made for registration in the Register of  Trade Mark of the accompanying
certification trade mark  in class1……….. in respect of2 ………… in the name of3……….whoseaddress is4 ………….  The applicant (s) is (are) not carrying on business in the goods or services of
the  kind for which  the registration of the said certification trade mark is sought.
The first application in a country to register  the  certification trade mark has been made in
……..on ……….
A certified copy certified by an official of the convention country in which the first
application was filed is enclosed (along with its translation in English)
I(we request that the certification trade mark trade mark may be registered with priority date
based on the above mentioned first application in a convention country under the provisions of
Section 154 of the Act.
All communications relating to this application may be sent to the following address in India:-
Dated this ………. Day of ……..20……
{5}………………
SIGNATURE
NAME OF SIGNATORY
IN  LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at6………….
1. The Registrar's direction may be obtained if the class of the goods or services is not known.
2. Specify the goods or services for the class or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed five hundred characters. An excess space fee of Rs. 10
per character is payable beyond this limit.  See rule 25(16).  The applicant shall state the exactnumber of excess characters where the specification of goods or services exceeds of five
hundred characters at the space provided immediately before the signature.
3. Insert  legibly the  full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the namesIP/N/1/IND/T/2
Page 152
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
4. The applicant shall state the address of his principal place of business in India. (See rules 3
and 17) If the applicant carries on business in the goods or services for which registration is
sought at only one place in India, such fact should be stated and the address of the place
given.  If the applicant carries on business in the goods or services concerned at more places
than one in India, the applicant should state such fact and give the address of that place of
business which he considers to be his principal place of business.  If, however, the applicant
does not carry on business in the goods or services concerned but carries on business in other
goods or services at any one place in India this fact should be stated and the address of that
place given; and where the applicant carries on such business at more places than one in
India, such fact should be stated and the address of the place which he considers to be hisprincipal place of business given.  Where the applicant is not carrying on any business in
India the fact should be stated and the place of his residence in India, if any, should be stated
and the address of that place given. In addition to the principal place of business or of
residence in India, as the case may be, an applicant may if he so desires give an address in
India to which communications relating to the application may be sent). (see rule 19).  Wherethe applicant has neither a place  of business nor of residence in India the fact should be stated
and an address for service in India given along with his address in his home country abroad.
5. For additional matter if required, otherwise to be left blank.
6. If colour combination is claimed, clearly indicate it and state the colours.  If the application is
in respect of a three dimensional  mark, a statement to that effect. (See rule 25 and 29)
7. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section 145)
8. State the name and place of the appropriate office of the Trade Marks Registry- (See rule 4).
Fee: Rs.10,000/-IP/N/1/IND/T/2
Page 153
FORM TM-66
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
A single application for registration of a collective trade mark for different classes.
Section 18(2),63(1). Rule 25(17(a),103, 128(1).
(To be filed in triplicate accompanied by five  additional representations of the collective mark
and three copies of the draft regulation in Form        TM-49)
One representation to be fixed within this
space and five others to be sent separately.Representation of a larger size may be
folded but must then be mounted upon linen
or other suitable material and affixed hereto.
See rule 28.
Application is  hereby made for registration in  the register of the accompanying
Collective trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   ………………
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
       5..SIGNATURE
NAME OF SIGNATORYIN BLOCK LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at6........................
1. The Registrar's direction may be obtained if the class or classes of the goods or services is not
known.
2. Specify the goods or services for the class or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods orservices should not ordinarily exceed five hundred characters. An excess space fee of Rs. 10
per character is payable beyond this limit.  See rule 25(16).  The applicant shall state the exact
number of excess characters where the specification of goods or services exceeds of five
hundred characters at the space provided immediately before the signature.IP/N/1/IND/T/2
Page 154
3. Insert  legibly the  full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
4. The applicant shall state the address of his principal place of business in India. (See rules 3
and 17) If the applicant carries on business in the goods or services for which registration is
sought at only one place in India, such fact should be stated and the address of the place
given.  If the applicant carries on business in the goods or services concerned at more places
than one in India, the applicant should state such fact and give the address of that place of
business which he considers to be his principal place of business.  If, however, the applicant
does not carry on business in the goods or services concerned but carries on business in other
goods or services at any one place in India this fact should be stated and the address of thatplace given; and where the applicant carries on such business at more places than one in
India, such fact should be stated and the address of the place which he considers to be his
principal place of business given.  Where the applicant is not carrying on any business in
India the fact should be stated and the place of his residence in India, if any, should be stated
and the address of that place given. In addition to the principal place of business or ofresidence in India, as the case may be, an applicant may if he so desires give an address in
India to which communications relating to the application may be sent). (see rule 19).  Where
the applicant has neither a place  of business nor of residence in India the fact should be stated
and an address for service in India given along with his address in his home country abroad.
5. Strike out if the mark is already in use.
6. Strike out the words if not applicable.  If user by predecessor(s) in title is claimed the name(s)
of such person(s) together with the date of commencement of use by the applicant himself
should be stated at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods in respect of which the mark has actually been used should be stated.
8. For additional matter if required, otherwise to be left blank.
9. If colour combination is claimed, clearly indicate it and state the colours.  If the application is
in respect of a three dimensional  mark, a statement to that effect. (See rule 25 and 29)
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section 145)
11. State the name and place of the appropriate office of the Trade Marks Registry- (See rule 4).
Fee:   Rs.10,000/- for each classIP/N/1/IND/T/2
Page 155
FORM TM-67
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
A single application for the   registration of a collective trade mark for different classes from
convention country.
Section 18(2), 63(1), 154(4), Rule 25(17)(b), 103,128(1)
(To be filled in triplicate accompanied by  five additional representation of the collective trade
mark and three copies of the draft regulation in Form TM-49)
One representation to be fixed within this
space and five others to be sent separately.
Representation of the larger size may be
folded but must then be mounted upon linen
or other suitable material affixed thereto. See
rule 28.
Application is  hereby made for registration in  the register of the accompanying
Collective trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   .......................
The first application in a convention country to register the trade mark has been made in
on
A certified copy certified by an official of the convention country in which the first
application was filed is enclosed (along with its translation in English).
I/We request that the trade mark may be registered with priority date based on the above
mentioned first application in a convention country under the provisions of Section 154 of the Act.
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
{5} SIGNATURE
NAME OF SIGNATORY INLETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at6........................
1. The Registrar's direction may be obtained if the class or classes of the goods or services is not
known.IP/N/1/IND/T/2
Page 156
2. Specify the goods or services for the class or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed five hundred characters. An excess space fee of Rs. 10
per character is payable beyond this limit.  See rule 25(16).  The applicant shall state the exact
number of excess characters where the specification of goods or services exceeds of five
hundred characters at the space provided immediately before the signature.
3. Insert  legibly the  full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the names
and descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
4. The applicant shall state the address of his principal place of business in India. (See rules 3
and 17) If the applicant carries on business in the goods or services for which registration is
sought at only one place in India, such fact should be stated and the address of the place
given.  If the applicant carries on business in the goods or services concerned at more places
than one in India, the applicant should state such fact and give the address of that place of
business which he considers to be his principal place of business.  If, however, the applicantdoes not carry on business in the goods or services concerned but carries on business in other
goods or services at any one place in India this fact should be stated and the address of that
place given; and where the applicant carries on such business at more places than one in
India, such fact should be stated and the address of the place which he considers to be his
principal place of business given.  Where the applicant is not carrying on any business inIndia the fact should be stated and the place of his residence in India, if any, should be stated
and the address of that place given. In addition to the principal place of business or of
residence in India, as the case may be, an applicant may if he so desires give an address in
India to which communications relating to the application may be sent). (see rule 19).  Where
the applicant has neither a place  of business nor of residence in India the fact should be statedand an address for service in India given along with his address in his home country abroad.
5. Strike out if the mark is already in use.
6. Strike out the words if not applicable.  If user by predecessor(s) in title is claimed the name(s)
of such person(s) together with the date of commencement of use by the applicant himself
should be stated at 8.
7. If there has been no use of the trade mark in respect of all the goods or services specified at 2,
the items of goods in respect of which the mark has actually been used should be stated.
8. For additional matter if required, otherwise to be left blank.
9. If colour combination is claimed, clearly indicate it and state the colours.  If the application is
in respect of a three dimensional  mark, a statement to that effect. (See rule 25 and 29)
10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section 145)
11. State the name and place of the appropriate office of the Trade Marks Registry- (See rule 4).
Fee:   Rs.10,000/- for each classIP/N/1/IND/T/2
Page 157
FORM TM-68
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
A single application for registration of a certification  trade mark for different classes.
Section 18(2),71. Rule 25(18)(a),103, 135.
(To be filed in triplicate accompanied by five  additional representations of the collective mark and
three copies of the draft regulation in Form TM-49)
One representation to be fixed within this
space and five others to be sent separately.
Representation of a larger size may be
folded but must then be mounted upon linen
or other suitable material and affixed hereto.
See rule 28.
Application is  hereby made for registration in  the register of the accompanying
Certification  trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   .......................
The applicant(s) is (are) not carrying on business in the goods or services of the kind for which
registration of the said certification  trade mark is sought.
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
     5.    .SIGNATURE
NAME OF SIGNATORY
IN LETTERS .
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at........................
1. The Registrar's direction may be obtained if the class of the goods or services is not known.
2. Specify the goods or services for the class or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods or
services should not ordinarily exceed five hundred characters. An excess space fee of Rs. 10
per character is payable beyond this limit.  See rule 25(16).  The applicant shall state the exact
number of excess characters where the specification of goods or services exceeds of fivehundred characters at the space provided immediately before the signature..IP/N/1/IND/T/2
Page 158
3. Insert the full name, description (occupation and calling and nationality of the applicant).  In
the case of a body corporate or firm the country of incorporation or the names and
descriptions of the partners composing the firm and the nature of registration, if any, as the
case may be, should be stated.  See rule 16.
4. For additional matter if required, otherwise to be left blank.
5. If colour combination is claimed, clearly indicate  it and state the colours.  If the application is
in respect of a three dimensional  mark, a statement to that effect. (See rule 25 and 29)
6. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section 145)
7. State the name and place of the appropriate office of the Trade Marks Registry- (See rule 4).
Fee:   Rs.10,000/- for each classIP/N/1/IND/T/2
Page 159
FORM TM-69
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
A single application for the registration of a cer tification trade mark in different classes from
convention country.
Section 18(2), 71, 154(2), Rule 25(18)(b), 103,135
(To be filled in triplicate accompanied by  five additional representation of the collective trade mark
and three copies of the draft regulation in Form TM-49).
One representation to be fixed within this
space and five others to be sent separately.
Representation of the larger size may be
folded but must then be mounted upon linen
or other suitable material affixed thereto. Seerule 28.
Application is  hereby made for registration in  the register of the accompanying
Collective trade mark in
(i) class 1  .................................. in respect of 2  ........................
(ii) class 1  .................................. in respect of 2  ........................
(iii) class 1  .................................. in respect of 2  ........................
in the name(s) of 3................... whose address is 4   .......................
The applicant (s) is (are) not carrying on business in the goods or services of the kind for
which registration of the said certification trade mark is sought.
The first application in a convention country to register the certification trade mark has been
made in                   on
A certified copy certified by an official of the convention country in which the first
application was filed is enclosed (along with its translation in English).
I/We request that the certification trade mark may be registered with priority date based on
the above mentioned first application in a convention country under the provisions of Section 154 of
the Act.
All communications relating to this application may be sent to the following address in India:-
Dated this ................day of ...........20............
5..SIGNATURE
    NAME OF SIGNATORY IN    LETTERS.
To
The  Registrar of Trade marks,       
The office of the Trade Marks Registry  at6........................IP/N/1/IND/T/2
Page 160
1.    The Registrar's direction may be obtained if the class of the goods or services is not
known.
2. Specify the goods or services for the class or classes in respect of which application is made.
A separate sheet detailing the goods or services may be used.  The specification of goods orservices should not ordinarily exceed five hundred characters. An excess space fee of Rs. 10
per character is payable beyond this limit.  See rule 25(16).  The applicant shall state the exact
number of excess characters where the specification of goods or services exceeds of five
hundred characters at the space provided immediately before the signature.
3. Insert  legibly the  full name, description (occupation and calling and nationality of the
applicant).  In the case of a body corporate or firm the country of incorporation or the namesand descriptions of the partners composing the firm and the nature of registration, if any, as
the case may be, should be stated.  See rule 16.
4. The applicant shall state the address of his principal place of business in India. (See rules 3
and 17) If the applicant carries on business in the goods or services for which registration issought at only one place in India, such fact should be stated and the address of the place
given.  If the applicant carries on business in the goods or services concerned at more places
than one in India, the applicant should state such fact and give the address of that place of
business which he considers to be his principal place of business.  If, however, the applicant
does not carry on business in the goods or services concerned but carries on business in othergoods or services at any one place in India this fact should be stated and the address of that
place given; and where the applicant carries on such business at more places than one in
India, such fact should be stated and the address of the place which he considers to be his
principal place of business given.  Where the applicant is not carrying on any business in
India the fact should be stated and the place of his residence in India, if any, should be statedand the address of that place given. In addition to the principal place of business or of
residence in India, as the case may be, an applicant may if he so desires give an address in
India to which communications relating to the application may be sent). (see rule 19).  Where
the applicant has neither a place  of business nor of residence in India the fact should be stated
and an address for service in India given along with his address in his home country abroad.
5. For additional matter if required, otherwise to be left blank.6. If colour combination is claimed, clearly indicate it and state the colours.  If the application is
in respect of a three dimensional mark, a statement to that effect. (See rule 25 and 29)
7. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or
person in the sole and regular employment of the applicant- See Section145)
8. State the name and  place of the appropriate office of the Trade Marks
Registry –(See rule 4).
Fee:   Rs.10,000/- for each classIP/N/1/IND/T/2
Page 161
FORM TM-70
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Request for expedited certificate of the Registra r (Section 137 or 148. Rule 8(2)( c),114 and 115)
Proviso to Rule 119.
 In the matter ' of  Trade Mark No. .............................................. registered in ............ Class
......................................................... I (or we)2 ................................................hereby req uest the
Registrar to furnish me (us) with his  certificate   to the effect that4 .............................
a certified copy
......................................................... .........................................................
......................................................... .........................................................  3a certifi cate of  the
registration of Trade Marks for use in obtaining  registration  in4 ......................................
...................  The certificate/certified copy  be sent to the following address in India5
.........................................................
Dated this .............day of ......20..........
All communications relating to this application may be sent to the following address in India:-
  
SIGNATURE
NAME OF SIGNATORY IN  LETTERS
ToThe Registrar of Trade Marks
The Office of the Trade Marks Registry at Mumbai
1. These words may be varied to suit other cases.
2. Insert name, address and nationality of the person making the request.3. Strike out words that are not applicable.
4. Set out the particulars which the Registrar is required to certify or state particulars of the
document of which a certified copy is required.
5. Insert the name of country or state.
6. Signature.7. See rule 8(2)( c)
Fee.: Rs.2,500/-. See entry No.74 of the First schedule.IP/N/1/IND/T/2
Page 162
FORM TM-71
THE TRADE MARKS  ACT, 1999
Agent's Code No:
Proprietor's Code No:
Request for expedited Search Report
Rule 8(2)(c ), proviso to Rule 24(1)
The Registrar is hereby requested under rule  24(1) to search in  class' ................in respect
of2................. to ascertain whether any Trade Marks are on record which resemble the Trade Mark
sent herewith in triplicate [each representation  being mounted on a sheet of strong paper
approximately of  ( 33 centimetres by 20 centimetres) in size].
All communications relating to this request  ma y be sent to the following address in India:-
Dated this ..............day of ...........20.......
3
SIGNATURE
NAME OF SIGNATORY IN
 LETTERS
ToThe Registrar of Trade Marks,
The Office of the Trade Marks Registry at Mumbai
1. The Registrar's direction may be obtained if the class is not known.
2. Here specify the goods or services (in the class stated) in respect of which the search is to be
made.
3. Signature.
Fee:  Rs.2,500/-. See entry No.75 of the First scheduleIP/N/1/IND/T/2
Page 163
FORM TM-72
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Request for expedited search and issuance of certificate under Section 45(1) of the Copyright
Act, 1957. Rule  8(2)( c), rule 24(5)
The Registrar is hereby requested under rule 24(3) to search to ascertain whether any trade marks are
on record which resemble the artistic work sent herewith in triplicate (each artistic work being
mounted in a sheet of strong paper approximately 30 centimetres by 20 centimetres in size) and issue
a certificate for use under section 45 of the Copyright Act, 1957.
All communications relating to this application may be sent to the following address in India:-
Dated this .................day of .........20..........
1SIGNATURE
 NAME OF SIGNATORY IN
 LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at Mumbai
1. Signature
Fee: Rs.25,000. See entry No.76 of the First ScheduleIP/N/1/IND/T/2
Page 164
FORM TM-73
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Request for rectification of the register or removal of a trade mark from the register.
Section 25(a), rule 74(2) of the Geographical I ndications of Goods (Registration and Protection)
Act, 1999.
( To be filed in triplicate along with the Stat ement of Case in triplicate together with an
affidavit accompanied by as many copies of them as there may be registered user under registration. )
In the matter of trade marks no…………………registered in the name of
…………………………..in class………..
I/We 1………………..hereby apply that the entry in the register in respect of the
abovementioned trade mark may be removed/rectified 2 in the following
manner:………………………….
The grounds of my (our) request are as follows:……………
The 3…………………………..office of Trade Marks Registry has been entered in the
register as the appropriate office in relation to the trade mark.
The affidavit 4 to accompany the Statement of Ca se shall declare that the particular set out in
the statement are true and comprise every material facts and documents concerning the trade markwhich contains or consists of a geographical indication not originating the territory of a country, or a
region or locality in that territory with such geographical indication indicates and which is likely to
cause confusion or mislead persons as to the true place of origin of such goods or class or classes of
goods to the best of knowledge, information in belief of the deponent.
All communications to this request may be sent to the following address in
India:…………………..
Dated this…………day………..of…. …..00
{5} SIGNATURE…..
      NAME OF SIGNATORY IN
      LETTERS
To,
The Registrar of Trade Marks…………….
The Office of the Trade Marks Registry at 3……………
1. State the full name, address and nationality. An address for service in India should be stated if
the applicant has no place of business or residence in India.
2. Strike out the word which is not applicable.
3. State the name of the place of the appropriate office of the Trade Marks Registry-see Rule 4.
4. The affidavit should be made by the persons filing the request to refuse or invalidate the
registration of the trade mark.
5. Signature.IP/N/1/IND/T/2
Page 165
6. State the name of the place of appropriate office of the trade marks registry (See rule 4)
Fee- Rs. 3000.00/-
FORM TM-74
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Request for rectification of the register or removal of a trade mark from the register.
Section 25(b), rule 75(2) of the Geographical In dications of Goods (Registration and Protection)
Act, 1999.
( To be filed in triplicate along with the Stat ement of Case in triplicate together with an
affidavit accompanied by as many copies of them as there may be registered user under registration. )
In the matter of trade marks no…………………registered in the name of
…………………………..in class………..
I/We 1………………..hereby apply that the entry in the register in respect of the
abovementioned trade mark may be removed/rectified 2 in the followingmanner:………………………….
The grounds of my (our) request are as follows:……………
The 3…………………………..office of Trade Marks Registry has been entered in the
register as the appropriate office in relation to the trade mark.
The affidavit 4 to accompany the Statement of Case shall declare that the particulars set out in
the statement are true and comprise every material facts and documents concerning the trade markwhich conflicts or which contains or consists of geographical indication identifying goods or class or
classes of goods notified under sub-section (2) of section 22 to the best of knowledge, information and
belief of the deponent.
All communications to this request may be se nt to the following address in India:…………………..
Dated this…………day………..of…. …..00
   {5}SIGNATURE…
 NAME OF SIGNATORY IN
 LETTERS
To,
The Registrar of Trade Marks…………….
The Office of the Trade Marks Registry at 3……………IP/N/1/IND/T/2
Page 166
1. State the full name, address and nationality. An address for service in India should be stated if
the applicant has no place of business or residence in India.
2. Strike out the word which is not applicable.
3. State the name of the place of the appropriate office of the Trade Marks    Registry-see
Rule 4.
4. The affidavit should be made by the persons filing the request to refuse or invalidate the
registration of the trade mark.
5. Signature
Fee- Rs. 3,000.00/-IP/N/1/IND/T/2
Page 167
FORM TM-75
THE TRADE MARKS  ACT, 1999
Agents Code No:
Proprietor's Code No:
Fee: Rs. 5,000/-
Request for search and issuance of certificate under rule 32.
I/We…………………………….. request the Registrar to search and ascertain whether any
trade mark(s) is (are) on record which rese mbles the name (or proposed name) of the
company sent herewith in triplicate (each re presentation being mounted on a sheet of strong
paper approximately 33 cm by 20 cm in size) and issue a certificate.
All communication relating to this application may be sent to the following address in India:
[1]
Date this ……………….. day ……. of 20……
SIGNATURE [2]
NAME OF SIGNATORY IN LETTERS
ToThe Registrar of Trade Marks……
The Office of the Trade Marks Registry at …..
1. Address in India
2. SignatureIP/N/1/IND/T/2
Page 168
FORM TMA-1
THE TRADE MARKS  ACT,1999
Fee: Rs. 1,000/-
Application for registration as a Trade Marks Agent, Rule  153
(To be filed in triplicate)
I beg to apply for registration as a trade marks agent under the Trade Marks Act,1999.1 A certificate of character from................ is enclosed herewith.I, hereby declare that I am not subject to any of the disabilities stated in clauses (i), (ii),(iii),(iv),(v)
and (vi) of rule 151 of the Trade  Marks Rules,2000 and that the information given below is true to the
best of my knowledge and belief.
1.  Name in full beginning with surname if any (in capital letters).......................
2.  Address of the place of residence...................................................................
3.  Principal place of business..............................................................................4.  Father's name.................................................................................................5.  Nationality......................................................................................................6.  Date and place of birth...................................................................................
7.  Occupation in full...........................................................................................
8.  Particulars of qualifications for registration as a trade marks agent {2}...........................  
9.  Whether at any time removed from the  Register of Trade Marks Agents and if so the
Dated this.......day of .......20.......
SIGNATURE
NAME OF SIGNATORY IN LETTERS
[2]
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at …….
1. The certificate should be from the District Magistrate of the District where the applicant
ordinarily resides.
2. Documents should be attested by a Judicial Magistrate or Notary Public.
3. State the name of the place of the appropriate office of the Trade Marks Registry (See rule 4)IP/N/1/IND/T/2
Page 169
FORM TMA-2
THE TRADE MARKS ACT,1999
Application for the restoration of the name of a person to the Register of Trade Marks Agents
(Rule 159)
 (To be filed in triplicate)
I1.......................................................................................................of.................... ..................................
.........
hereby apply for the restoration of my name to the Register of trade marks Agents  in which my name
was entered under No........... My name was removed on.......... under clause (b) of rule 157(1) of theTrade Marks Rules,2001.
All communications relating to this application may be sent to the following address in India:-
Dated this .......day of ......20.......
SIGNATURE
NAME OF SIGNATORY IN
 LETTERS
To,
Registrar of Trade marks,
The Office of the Trade marks Registry at 2..................
 See rule 152.
Fee: Rs.1000 plus continuance fee specified in entry No.79 of the First Schedule.IP/N/1/IND/T/2
Page 170
FORM TMA-3
THE TRADE MARKS ACT,1999
Application for an alteration of an en try in the Register of Trade Marks Agents
(Rule160 )
(To be filed in triplicate)
I1 .................................................of...................... being a registered  trade marks agent  (Registratio n
No.......) hereby request that my 2  name, address of the place of residence  address of the principal
place of business or qualifications entered in the Register of Trade Marks Agents may be altered as
follows:-
All communications relating to this application may be sent to the following address in India:-
Dated this............day of .........20......
SIGNATURE
NAME OF SIGNATORY IN  LETTERS
To,
Registrar of Trade marks,
The Office of the Trade marks Registry at 3
1.  Insert name and address in full.
2.  Strike out words  not applicable.
3.  State the name of the place of the appropriate office of the Trade Marks Registry .See rule 152.
Fee: Rs.200/-IP/N/1/IND/T/2
Page 171
THE THIRD SCHEDULE
Forms to be used by the Registrar
LIST OF FORMS
Form No. Section Title
0-1 23(3) .. Notice of non-completion of registration
0-2 23(2) .. Certificate of registration of trade mark
0-3 25(3) .. Notice of expiration of last registration.
0-4     (Rule 155) .. Certificate of registration of a person as a trade marks 
agent.IP/N/1/IND/T/2
Page 172
FORM 0-1
GOVERNMENT OF INDIA
TRADE MARKS REGISTRY
TRADE MARKS ACT,1999
Notice of non-completion of registration. Section  23(3). Rule 58.
No.............
Notice is hereby given as required by section 23(3) of the Trade Marks Act,1999 , that the registration
of the trade mark, in respect of  which application numbered as above was made on the ........day of
.....20...., has not been completed by reason of default on the part of the applicant. Unless registrationis  completed within twenty-one days from the date of this  notice, the application will be treated as
abandoned.
All communications relating to this application may be sent to the following address in India:-
Dated this ......day of .....20....
Registrar of Trade Marks.
To,_______________IP/N/1/IND/T/2
Page 173
FORM 0-2
GOVERNMENT OF INDIA
TRADE MARKS REGISTRY
TRADE MARKS ACT,1999
Certificate of registration of trade mark. Section 23(2). Rule 62(1)
Trade Marks No....................
Date.........................
Certified that the Trade Mark of which a representation is annexed hereto, has been registered in the
register in the name of .....in Class.....under  NO.......as of the date ..........in respect of ............
Sealed at my directi on this:......day of .....20......
Registrar of Trade marks.
Registration is for 10 years from the date first above-mentioned and may then be renewed for a period
of 10 years, and also at the expiration of each period of  10 years thereafter. (See section 25 of the
Trade Marks Act,1999 and Rules 63 to 66 of the Trade Marks Rules,2000).
This certificate  is  not for use in legal proceedings or for obtaining registration abroad.
 Note - Upon any change of ownership of this trade ma rk, or change in address of the principal place
of business or address for service in India, application should AT ONCE  be made to register
the change.IP/N/1/IND/T/2
Page 174
   FORM 0-3
GOVERNMENT OF INDIA
TRADE MARKS REGISTRY
                TRADE MARKS ACT,1999
Notice of expiration of last registration, Section 25(3)
(Rule 64(1))
Registered Trade Mark No…….
Class……
Notice is hereby given as required in section 25(3) of the Trade Marks Act, 1999 that the registration
of the aforesaid trade mark will expire on …     ….. and that the registration can be renewed for a
further period of 10 years on receipt in the Trade Marks Registry of an application on the enclosed
Form TM-12 accompanied by the prescribed fee of Rs…….  on or before the said date………
Dated this………day of ……..2000.
Registrar of Trade Marks
N.B.
Registration is for 10 years  from the date first above-mentioned and may then be renewed for a
period of 10 years, and also at the expiration of each period of 10 years thereafter.  [See section 25(3)
of the Trade Marks Act, 1999.]
This certificate is not for use in legal proceedings or for obtaining registration abroad.Note - Upon any change of ownership of this trade ma rk, or change in address of the principal place
of business or address for service in India, application should AT ONCE be made to register
the change.IP/N/1/IND/T/2
Page 175
    FORM 0-4
GOVERNMENT OF INDIA
TRADE MARKS REGISTRY
TRADE MARKS ACT, 1999
Certificate of Registration as Trade Marks Agent
   (Rule 155)
No...
This is to certify that ..............................................................................
............................................................................................................................... ...
............................................................................................................................... ..............
of ............................................................................................................................ .............
was registered on this .........day of .........20............in the Register of Trade Marks Agents maintained
under rule148 of the Trade  Marks Rules, 2000.
Registrar of Trade MarksIP/N/1/IND/T/2
Page 176
THE FOURTH SCHEDULE
Classification of goods and services – Name of the classes
(Parts of an article or apparatus are, in general, cl assified with the actual article or apparatus, except
where such parts constitute articles included in other classes).
Class 1. Chemical  used in industry, science, photography, agriculture, horticulture and
forestry; unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical
substances for preserving foodstuffs; tanning substances; adhesive used in industry
Class 2 . Paints, varnishes, lacquers; preservatives against rust and against deterioration of
wood; colorants; mordents; raw natural re sins; metals in foil and powder form for
painters; decorators; printers and artists
Class 3 . Bleaching preparations and other substances for laundry use; cleaning; polishing;
scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hairlotions, dentifrices
Class 4 . Industrial oils and greases; lubricants; dust  absorbing, wetting and binding
compositions; fuels(including motor spirit) and illuminants; candles, wicks
Class 5 . Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for
medical use, food for babies; plasters, materials for dressings; materials for stopping
teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides,
herbicides
Class  6. Common metals and their alloys; metal building materials;
transportable buildings of metal; materials of metal for railway tracks; non-electric
cables and wires of common metal; ironmongery, small items of metal  hardware;
pipes and tubes of metal; safes; goods of common metal not included in other classes;
ores
Class 7 . Machines and machine tools; motors and engines (except for land vehicles); machine
coupling and transmission components  (except for land vehicles); agricultural
implements other than hand-operated; incubators for eggs
Class 8 . Hand tools and implements (hand-operated); cutlery; side arms; razors
Class 9 . Scientific, nautical, surveying, electric,  photographic, cinematographic, optical,
weighing, measuring, signalling, checking  (supervision), life saving and teaching
apparatus and instruments; apparatus for recording, transmission or reproduction of
sound or images; magnetic data carriers, recording discs; automatic vending machines
and mechanisms for coin-operated apparatus; cash registers, calculating machines,data processing equipment and computers; fire extinguishing apparatus
Class 10 . Surgical, medical, dental and veterinary apparatus and instruments, artificial  limbs,
eyes and teeth; orthopaedic articles; suture materials
Class 11 . Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying
ventilating, water supply and sanitary purposesIP/N/1/IND/T/2
Page 177
Class 12 . Vehicles; apparatus for locomotion by land, air or water
Class 13 . Firearms; ammunition and projectiles; explosives; fire works
Class 14 . Precious metals and their alloys and goods in precious metals or coated therewith, not
included in other classes;  jewellery, precious stones; horological and other
chronometric instruments
Class 15. Musical instruments
Class 16 . Paper, cardboard and goods made from these materials, not included in other classes;
printed matter; bookbinding material; photographs; stationery; adhesives forstationery or household purposes; artists' materials; paint brushes; typewriters and
office requisites (except furniture); instructional and teaching material (except
apparatus); plastic materials for packaging (not included in other classes); playing
cards; printers' type; printing blocks
Class 17 . Rubber, gutta percha, gum, asbestos, mica and goods made from these materials and
not included in other classes; plastics  in extruded form for use in manufacture;
packing, stopping and insulating materials; flexible pipes, not of metal
Class 18 . Leather and imitations of leather, and goods  made of these materials and not
included in other classes; animal skins, hides, trunks and travelling  bags; umbrellas,
parasols and walking sticks; whips, harness and saddlery
Class 19 . Building materials, (non-metallic), non-metallic rigid pipes for building; asphalt,
pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
Class 20 . Furniture, mirrors, picture frames; goods(not included in other classes) of wood, cork,
reed, cane, wicker, horn, bone, ivory, wh alebone, shell, amber, mother- of-pearl,
meerschaum  and substitutes for all these materials, or of  plastics
Class 21 . Household or kitchen utensils and containers(not of precious metal or coated
therewith); combs and sponges; brushes(except  paints brushes); brush making
materials; articles for cleaning purposes ; steelwool; unworked or semi-worked glass
(except glass used in building); glassware,  porcelain and earthenware not included in
other classes
Class 22 . Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in
other classes) padding and stuffing materials(except of rubber or plastics); raw
fibrous textile materials
Class 23 . Yarns and threads, for textile use
Class 24 . Textiles and textile goods, not included in other classes; bed and table covers.
Class 25 . Clothing, footwear, headgear
Class 26 . Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowersIP/N/1/IND/T/2
Page 178
Class 27 . Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors; wall hangings(non-textile)
Class 28 . Games and playthings, gymnastic and sporting articles not included in other classes;
decorations for Christmas trees
Class 29 . Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and
vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and
fats
Class 30 . Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee;  flour and preparations
made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast,
baking powder; salt, mustard; vinegar, sauces, (condiments); spices; ice
Class 31. Agricultural, horticultural and forestry products and grains not included in other
classes; live animals; fresh fruits and vegetables; seeds, natural  plants and flowers;
foodstuffs for animals, malt
Class 32 . Beers, mineral and aerated waters, and other non-alcoholic drinks; fruit drinks and
fruit juices; syrups and other preparations for making beverages
Class 33 . Alcoholic beverages(except beers)
Class 34 . Tobacco, smokers' articles, matches
SERVICES
Class 35 . Advertising, business management, business administration, office functions.
Class 36 . Insurance, financial affairs; monetary affairs; real estate affairs.
Class 37 . Building construction; repair; installation services.
Class 38. Telecommunications.
Class 39.  Transport; packaging and storage of goods; travel arrangement.
Class 40.  Treatment of materials.
Class 41. Education; providing of training; entertainment; sporting and cultural activities.
Class 42. Providing of food and drink; temporar y accommodation; medical, hygienic and
beauty care; veterinary and agricultural services, legal services, scientific  and
industrial research; computer programming; services that cannot be classified in other
classes.IP/N/1/IND/T/2
Page 179
THE FIFTH SCHEDULE
List of items of textile goods referred to in rule 145
No. of item
1. Grey Longcloth, Shirtings, Cellular, Limbric, Poplin, Sheetings, Printers and Lepard Cloth -
Including all abovementioned grey cloths with no colour in the body except a woven
coloured heading.
2. Grey Drills, Jeans and Duck - Including only grey cloth and not striped drills with grey
grounds
3. Grey Twills .
4. Grey Salitha, T-Cloths and Domestics5. Grey Coarse Cloth6. Grey Chadars of Plain Weave and Khadi Chadars - Including all chadars of plain weave with
no colour in the body but with or without a wo ven coloured heading or fancy heading, but not
including check Chadars and striped Chadars.
7. Grey Chadars of Twill Weave - Including only grey twill chadars with no colour in the body
except a woven coloured heading.
8. Grey Dhoties including Tahmad [This item relates only to grey ground dhoties (of all
dimensions) with or without artificial silk, coloured yarn, folded yarn, or printed borders andheadings]
9. Grey Saries and Scarves and Sari Cloth - Including only grey ground Saries ( of all
dimensions) with or without artificial silk,col oured yarn or printed borders and headings and
sari cloth in piece length but not including Saries with striped or check grounds, and dyed andprinted Saries.
10. Grey Dosuti11. Grey Jaconets, Jagannathi, Mulls and Mulmulls12 Grey pagree Cloth13. Grey Matting  Weave and Canvas including Filter cloth14. Sambura Cloth - Grey Drill with red  and black headings and coloured runner in the centre.
15. Whole Grey Dobby  Cloth and Doria
16. Bleached Longcloth, Shirtings, Cellular, Limbri c, Poplin, Sheetings and Printers - Including
all the above mentioned plain cloths with no colour in the body except a woven coloured
heading.
17. Bleached drills, jeans and Duck - See note under item 16.IP/N/1/IND/T/2
Page 180
18. Bleached Twills - see note under item 16.  This item does not include Striped Twills on
bleached ground.
19. Bleached T Cloths and Domestics - See note under item 16
20. Bleached Coarse cloth - see note under item 16.
21. Bleached Chadars - Including  chadars  of plain and twill weave.22. Bleached Mulls, Jaconets and Nainsooks - See note under item 16.23. Bleached Madapollams and Cambrics - See note under item 16.24. Bleached Dhoties including Tahmad - This item relates only to plain bleached ground  dhoties
(of all dimensions) with artificial  silk, coloured yarn, folded yarn, or printed borders and
headings.
25. Bleached Saries and Scarves - Including only plain bleached ground  Saries (of all
dimensions)  with  artificial silk, coloured yarn or printed borders and headings, but not
including Saries with stripes or checks and dyed and printed Saries.
26. Bleached Dosuti - See note under item 16.27. Bleached Voiles and Muslins  - See note under item 16.28. Bleached Dorias and Fancies - including bleached cloth with bleached folded yarn stripes or
checks.
29. Bleached Matting Weave and Canvas - See note under item 16.30. Bleached Pagree Cloth- See note under item 16.
31. Embroidered Voiles, Muslins etc, Bleached.
32. Bleached Flannel and Flannelettes and all bleached cloths raised on one side kind cotton
Velvet.
33. Dyed Longcloth, Shirtings, Cellular, Limbric,  Poplin and Sheetings - Including the above
mentioned cloths dyed in the piece.
34. Dyed Drills - see note under item 33.  This item also includes coloured warp or weft drills.35. Dyed Twills - See note under item 33.
36. Dyed T-cloths and Domestics - See note under item 33.
37. Dyed Coarse  Cloth - See note under item 33.38. Dyed  Chadars - See note under item 33.39. Dyed Dhoties including Tahmad, Saries and Shawls - This item includes dhoties, saries or
shawls dyed in the piece.IP/N/1/IND/T/2
Page 181
40. Dyed Fancies - including fancies with single colour warp or weft fancies or printed yarn in
the warp or weft or both.
41. Dyed Pagree Cloth - see note under item 33.
42. Dyed Voiles - including bordered voiles.
43. Dyed Flannelettes - Including Grey and self-c oloured Flannelettes and all dyed cloths raised
on one side and cotton velvet.
44. Dyed Mulls.
45. Dyed Umbrella Cloth.
46. Coatings and Trouserings (including Sholapuri, Chennai, Cloth, Sunproof cloth, Tussore,
Kashmere Cloth, Serges, Thana Cloth, Tweeds, Mazri, Malatia and Corduroy).- In addition to
the goods enumerated above, this item includes cotton dyed coatings and coatings withartificial silk in the warp or in the weft as stripes or checks, either alone or in combination
with dyed cotton yarn.
47. Striped Drills and Jeans and Striped Twills  - Including striped drills or twills with grey,
bleached or coloured ground.
48. Bed ticking - with coloured warp and grey or bleached weft.49. Striped Coarse cloth - includin g both grey and bleached grounds.
50. Striped shirtings, Striped Susis and striped Ze phyrs - Including striped shirtings, etc. with
grey, bleached or coloured ground but not including artificial silk striped goods
51. Check shirtings, Check Susis and Check Zephyrs - See note under item 50.
52. Check Chadars - Including plain check chadar and twill check chadar on grey,  bleached or
coloured grounds.
53. Lungis and Sarongs54. Woven coloured Saries and Scarves - (This includes saries and scarves with striped or check
grounds, but does not include saries and scarves in which there is artificial silk in the body ofthe cloth).
55. Check Cholas and Gumchas.56. Artificial Silk Striped Shirtings - This includes (a) artificial silk shirtings with an artificial
silk warp and weft, (b) an artificial silk warp, or (c) artificial silk only in stripes, either alone
or in combination with coloured cotton yarn.
57. Artificial Silk Check Shirtings - On grey, white and coloured grounds.
58. Artificial Silk Brocades and "All over Styles".IP/N/1/IND/T/2
Page 182
59. Artificial  Silk Dhoties, Saries and Scarves and Sari Cloth - (This item includes dhoties and
saries in which an artificial silk warp or weft or both are used.  It does not include dhoties,
etc. in which articial silk is used, only in the borders).
60. Crepe Cloth - Grey, Bleached and dyed.  This item also includes crepe cloth yarn printed.
61. Dyed and striped Dosuti - including striped Dosuti bleached in the piece.
62. Printed dhoties, Shawls, Rumals, Saries and other printed garments - including Voile Saries
also.
63. Printed longcloth, Shirtings, Cellular, Limbric, Poplins and Sheetings - Grey, bleached and
dyed grounds.
64. Striped, Check and printed Flannelettes.65. Pure Silk Saries.
66. Leno and Mockleno, Bandage cloth - Grey, bleached, dyed or striped including Gauze cloth
also.
67. Terry Towels including towelling cloth - Grey, bleached, dyed, printed, striped or checked.
68. Buckaback towels including towelling cloth- Grey, bleached, dyed, printed, striped or
checked.
69. Honey Comb Towels including towelling clot h - Grey , bleached, dyed, printed, striped or
checked.
70. All other towels including towelling cloth.71. (a) Dusters, Handkerchiefs, Rumals and Glass Cloth (serviettes)
(b) Table cloth and table covers, napkins.
72. Dobby kind Jacquard Chadars, Bedspreads, Qu ilts and Counterpanes including Suzni - Grey,
bleached or coloured
73. Blankets and Malida Cloth - All types, including cotton and wool union blankets; and
shawls(not dyed or printed) or lohis of any fibres.
74. Durries and carpets including Satranji (floor carpets).
75. Dyed and coloured Canvas - Dyed or woven coloured.76. Artificial Silk zephyrs, Alpaca, Crepe, et c. - Plain and Fancy grounds (whole colour and
unstriped).
77. Motor hood cloth.78. Buckram cloth- grey, bleached and dyed.79. Striped voiles - Bleached and/or dyed in the piece.IP/N/1/IND/T/2
Page 183
80. Printed Voiles - Grey, bleached and dyed.
81. Mookta cloth - This cloth is woven with cotton warp and flax weft.82. Artificial silk Tapestry and Upholstering Fabrics, including cotton furnishing fabrics and
casement  cloths - Grey, bleached dyed and printed.
83. Bedford Cord - Bleached and dyed.84. Printed Crepe-  Grey, bleached or dyed grounds.85. Pure Silk Coatings - Plain, striped or checked.  This  item also includes coatings made of
artificial fibres, filaments and yarns.
86. Pure Silk shirtings- Plain, striped or checked.87. Printed Drills,  Twills and Jeans.
88. Corded Voiles - Bleached coloured, printed kind bordered.
89. Printed Boski - Artificial silk warp, weft or both.90. Artificial silk striped Voiles - Grey, Bleached and dyed voiles with artificial silk stripes in the
body of the cloth.
91. Bordered voiles - bleached, dyed and printed (with or without artificial silk border).92. Artificial Silk  Satins - including satins made from 100 per cent silk or artificial silk in the
warp or weft.
93. Check Voiles, Grey, bleached and dyed (This item   contains  cotton voiles with grey,
bleached or coloured grounds with check designs all over the body of the cloth)
94. Grey Flannellettes - Including all grey cloths raised on  one side and cotton velvet.IP/N/1/IND/T/2
Page 184
THE SIXTH SCHEDULE
Scale of costs allowable in Rule 114 proceedings before the Registrar
________________________________________________________
Entry Matter in respect of which costs to be awarded Amount
No.
________________________________________________________
1. For one day's hearing involving examination Rs.1000
of witnesses
2. For one day's hearing when there is no  Rs. 500
examination of witnesses
3. For adjournment of hearing granted Rs.500 plus cost of
on the petition of any party. resummoning the other parties'
witness who  were due to beexamined on the day
4. For striking out scandalous matter Rs.200
from an affidavit
5. For attendance of witnesses -
Subsistence allowance....
Travelling allowance... Rs.500 (vide not below) fare by rail
or steamer for the first or the secondclass each way and if there is no rail
or steamer communication Rs 5 or
2.50 per km. depending upon the
rank and status of the witness.
 
Note: the rates of subsistence allowance and travelling allowance for witness shall vary according to
the status of the witness subject to the maximum prescribed above.
--------------------IP/N/1/IND/T/2
Page 185
PART VIII
Language of the Trade Marks Registry.- (I)( a) The language of the Trade Marks Registry
shall be English:
Provided  that the parties to a proceedings before the Trade Marks
Registry may file documents drawn up in Hindi, if they so desire:
Provided that where-
    (a) the Registrar permits the use of Hindi in the proceedings of the Tribunal and hearing
in such proceedings,  he may in his discretion direct an English translation of
pleadings and documents to be filed;
    (b) The Trade Marks Registry located in "Region A" as defined in clause  (f) of rule 2 of
the Official Languages (Use for Official Purposes of the  Union) Rules,1976, the
Registrar may, in his discretion, make final orders either in Hindi or in English.
(2) Notwithstanding anything contained in paragraph (1), where a final order is made
in Hindi, an authenticated English translation thereof shall simultaneously be
prepared and kept on record.
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