The Companies Act, 2013 & Related Query: February 2016

Frequently Asked Questions

1. What is a trademark?

A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking.

The legal requirements to register a trademark under the Act are:

· The selected mark should be capable of being represented graphically (that is in the paper form).

· It should be capable of distinguishing the goods or services of one undertaking from those of others.

· It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person.

2. How to select a good trademark?

If it is a word it should be easy to speak, spell and remember. The best trademarks are invented words or coined words or unique geometrical designs.

Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it.

Avoid adopting laudatory word or words that describe the quality of goods (such as best, perfect, super etc.)

It is advisable to conduct a market survey to ascertain if same/similar mark is used in market.

3. What is the function of a trademark?

Under modern business condition a trademark performs four functions

Ø It identifies the goods / or services and its origin.

Ø It guarantees its unchanged quality

Ø It advertises the goods/services

Ø It creates an image for the goods/ services.

4. Who can apply for a trademark and how?

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

The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website.

5 What are different types of trademarks that may be registered in India?

- Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.

- An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.

- Letters or numerals or any combination thereof.

- The right to proprietorship of a trademark may be acquired by either registration under the Act or by use in relation to particular goods or service.

- Devices, including fancy devices or symbols

- Monograms

- Combination of colors or even a single color in combination with a word or device

- Shape of goods or their packaging

- Marks constituting a 3- dimensional sign.

- Sound marks when represented in conventional notation or described in words by being graphically represented.

6. Who benefits from a trademark?

The Registered Proprietor of a trademark can create establish and protect the goodwill of his products or services, he can stop other traders from unlawfully using his trademark, sue for damages and secure destruction of infringing goods and or labels.

The Government earns revenue as a fee for registration and protection of registration of trademarks

The Legal professionals render services to the entrepreneurs regarding selection registration and protection of trademarks and get remunerations for the same

The Purchaser and ultimately Consumers of goods and services get options to choose the best.

7. What are the benefits of registering a trademark?

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

8. What are the formalities and government fees for major trademark transactions?

· For filing new applications there are prescribed forms depending on the nature of application such as Form TM-1, TM-2, TM-3, TM-8, TM-51 etc. Fees: Rs.4000/-

· To file a Notice of Opposition to oppose an application published in the Trade Marks Journal (FormTM-5). Fees: Rs. 2,500/- for each class covered

· For Renewal of a Regd. trademark (Form TM-12 ). Fees: Rs.5,000/-

· Surcharge for belated renewal (Form TM-10).Fees: Rs. 3,000/-

· Restoration of removed mark (Form TM-13) Fees: 5,000/-

· Application for rectification of a registered trademark (Form TM-26) Fees: Rs. 3,000/-

· Legal Certificate (Form TM-46) (Providing details of entries in the Register) Fees: Rs.500/-

· Preliminary advise of the Registrar as to the registrability of a mark (Form TM-55). Fees: Rs.500/-

· Copyright search request and issuance of certificate (Form TM-60) Fees: Rs, 5,000/-.

9. What are the sources of trademark laws?

(1) The national statues i.e., the Trade Marks Act, 1999 and rules made there under.

(2) International multilateral convention.

(3) National bilateral treaty.

(4) Regional treaty.

(5) Decision of the courts.

(6) Office practice reduced in Manuals and guidelines and rulings of the Courts

(7) Decision of Intellectual Property Appellate Board.

(8) Text books written by academician and professional experts.

10. What does the Register of trademark contain?

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

11. Can any correction be made in the application or register?

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

12. Can a registered trademark be removed from the register?

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

THE FIRST SCHEDULE

[See rule 11]

FORMS AND FEES

Entry No.	On what payable	Amount Rs.	Corresponding Form Number
1.	On application to register a trade mark for a specification of goods or services included in one class [Section 18(1)]	3500.00	TM-1
2.	On application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145.	3500.00	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)	3500.00	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)	3500.00 for each class	TM-52
5.	On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services.	3500.00 for each class	TM-51
6.	On application to register a series trade mark under section 15 for a specification of goods or services included in a class or different classes	3500.00 for each trade mark and for each separate class thereof	TM-8
7.	On application to register a series of trade mark from a convention country under section 154(2) for a specification of goods or services included in a class or classes	3500.00 for each trade mark and for each separate class thereof	TM-37
8.	On application under section 63(1) to register a collective mark for a specification of goods or services included in a class	10,000.00	TM-3
9.	On application under section 71(1) to register a certification trade mark for a specification of goods or services included in a class.	10,000.00	TM-4
10.	On application for the registration of a textile trade mark (other than a certification trade mark or a collective mark ) consisting exclusively of numerals or letters, or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under section 154(2).	3500.00	TM-45
11.	On a request under rule 40(1) to state grounds of decision.	1000.00	TM-15
12.	On a notice of opposition under section 21 (1), 64, 66 or 73 for each class opposed.	2500.00	TM-5
13.	On application for extension of time for filing notice of opposition under section 21(1)	500.00	TM-44
14.	On a counter statement in answer to a notice of opposition under section 21, for each application opposed, or in answer to an application under any of the section 47 or 57 in respect of each trade mark or in answer to a notice of opposition under section 59 or rule 101 for each application or conversion opposed.	1000.00	TM-6
15.	On notice of intention to oppose hearing under any of the section 21, 47, 57 and 59 by each party to the proceeding concerned.	500.00	TM-7
16.	On application under section 16(5) to dissolve the association between registered trade marks.	500.00 for each dissolution	TM-14
17.	For renewal under section 25 of the registration of a trade mark at the expiration of the last registration not otherwise charged.	5,000.00	TM-12
18.	For renewal under section 25 of the registration of a series trade mark at the expiration of the last registration- For the first two marks of the series of each separate class: For every additional mark of the series of each separate class.	5,000.00 2500.00	TM-12
19.	For renewal under section 25 of a single application of a trade mark for goods or services in more than one class-in respect of every class.	5,000.00 for each class	TM-12
20.	For renewal under section 25 of the registration of a collective mark/certification trade mark.	20,000.00	TM-12
21	On application under section 25(4) for restoration of a trade mark removed from the register.	5000.00	TM-13
22.	On application for renewal under proviso to section 25(3) within six months from the expiration of last registration of the trade mark.	3000.00 as surcharge.	TM-10
23.	On application for certificate of the Registrar under section 40(2) : For the first mark proposed to be assigned. For every additional mark of the same proprietor included in that assignment .	2500.00 500.00	TM-17
24.	On application for approval of the Registrar under section 41- For the first trade mark . For every additional mark of the same proprietor included in the same transfer.	2500.00 500.00	TM-19
25.	On application under section 42 for direction of a Registrar for advertisement of assignment without goodwill of a trade mark in use- For the first mark assigned. For every additional mark assigned with the same devolution of title.	2500.00 2500.00 500.00	TM-20
26.	On application for extension of time for applying for directions under section 42 for advertisement of assignment without goodwill of trade mark in use in respect of devolution of title- Not exceeding one month Not exceeding two months Not exceeding three months	500.00 1000.00 1500.00	TM-21
27.	On application under section 45 to register a subsequent proprietor in a case of assignment or transfer of a single trade mark: If made within six months from the date of acquisition of proprietorship. If made after expiration of six months but before 12 months from the date of acquisition of proprietorship. If made after 12 months from date of acquisition of proprietorship.	5000.00 7500.00 10,000.00	TM-23 OR TM -24 TM-23 OR TM-24. TM-23 OR TM-24. TM-23 OR TM-24.
28.	On application under section 45 to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case:- If made within six months from the date of acquisition of proprietorship- For the first mark For every additional mark If made after the expiration of six months but before twelve months from the date of acquisition of proprietorship:- For the first mark For every additional mark If made after expiration of twelve months from the date of acquisition of proprietorship:- For the first mark For every additional mark	5000.00 1000.00 7500.00 1500.00 10,000.00 2000.00	TM-23 OR TM-24. TM-23 OR TM-24. TM-23 OR TM-24. TM-23 OR TM-24. TM-23 OR TM-24. TM-23 OR TM-24.
29.	On application under section 46(4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment :- Not exceeding two months Not exceeding four months Not exceeding six months	500.00 1000.00 1500.00	TM-25
30.	On application under any of the sections 47 or 57 for rectification of the register or removal of a trade mark from the register or cancellation of a registered collective mark or a certification trade mark	3000.00	TM-26
31.	On application under rule 94 for leave to intervene in proceeding under any of the sections 47 or 57 for rectification of the register or removal of trade mark from the register or under rule 133 or 139 in respect of a collective mark or certification trade mark.	500.00	TM-27
32.	On application under section 49 to register a registered user of a registered trade mark in respect of goods or services within the specification thereof.	5000.00	TM-28
33.	On application under section 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trade marks are covered by the same registered user agreement in respect of goods or services within the respective specification thereof and subject to the same conditions and restrictions in each case:- For the first mark For every additional mark of the proprietor included in the application, and in the registered user agreement	5000.00 3000.00	TM-28
34.	On application under clause (a) of sub-section 1 of section 50 to vary the entry of a registered user of one trade mark where the trade marks are covered by the same registered user in respect of each of them:- For the first mark For every additional mark included in the application	5000.00 2500.00	TM-29
35.	On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trade mark- Where the application includes more than one trade mark- For the first mark For every additional mark included in the application	2500.00 2500.00 500.00	TM-30
36.	On application under clause (c) or (d) of sub-section (1) of section 50 to cancel the entry of a registered user of one trade mark:- Where the application includes more than one trade mark:- For the first mark For every additional mark included in the application	5000.00 5000.00 2000.00	TM-31
37.	On notice under rule 90(2 ) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trade mark	500.00	TM-32
38.	On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mark where there has been no change. In the proprietorship or in the identity of the registered user (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India where the application includes more than one trade mark - For the first trade mark For every additional mark included in the application	1000.00 1000.00 1000.00 500.00	TM-33
39.	On application under section 58 to alter an entry of the address of a registered proprietor or of a registered user of a trade mark unless exempted from fee under rule 96(3): Where the application include more than one trade mark - and where the address in each case is the same and is altered in the same way- For the first entry For every other entry included in the application	500.00 500.00 200.00	TM-34
40.	On application to make an entry of an address for service in India of a registered proprietor or a registered user of a trade mark- where the application include more than one trade mark and the address for service to be entered is the same in each case- For the first entry For every other entry included in the application.	500.00 500.00 200.00	TM-50
41.	On application to alter or substitute an entry of an address for service in India in the register unless exempted from fee under rule 96(3) . Where the application includes more than one trade mark and the address in each case is the same and is altered or substituted in the same way- For the first entry For every other entry included in the application	500.00 500.00 200.00	TM-50
42.	On application under clause (c) of sub-section (1) of section 58 for canceling the entry or part thereof from the register or under clause (d) to strike out goods or services from the register.	200.00	TM-35 OR TM-36
43.	On application under section 59(1) for leave to add or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of statutory requirement)- Where the application includes more than one trade mark and the addition or alteration to be made in each case being the same- For the first mark For every other mark included in the application.	2500.00 2500.00 1000.00	TM-38
44.	On notice of opposition under sub-section (2) of section 59 to an application for leave to add or to alter a registered trade mark for each application opposed	1500.00	TM-39
45.	On application under section 60 for conversion of specification.	1000.00	TM-40
46.	On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification or specifications of a registered trade mark: For the first mark For every additional mark included in the notice of opposition.	1500.00 1500.00 700.00	TM-41
47.	On application under section 66 for amendment of the deposited regulations of a collective mark or alteration under section 74(2) for the regulation of a certification trade mark- Where the marks are entered in the register as associated trade marks- For the regulation of one registration. For the same or substantially same regulation of each additional registration proposed to be altered in the same way and included in the same application.	1000.00 1000.00 200.00	TM-42
48	On application under section 68 to remove the registration of a collective mark or cancel or vary the registration of a certification trade mark under section 77	1000.00	TM-43
49.	Deleted
50.	On request for the Registrar's preliminary advice under section 133(1) for a trade mark in respect of one class.	1000.00	TM-55
51.	On request for certificate of the Registrar under section 137( other than a certificate under section 23(2)).	500.00	TM-46
52.	On request for certificate of the Registrar [other than certificate under section 23(2)] of the registration of a series of the trade mark under section 15 for each class.	500.00	TM-46
53.	On request for a certified copy of any entry in the register or of any document under section 148(2).	500.00	TM-46
54.	On request to enter in the register and advertise a note of certificate of validity, under rule 124 in respect of one mark in a class	200.00	TM-47
55.	On request, not otherwise charged for correction of a clerical error or for amendment under section 18(4), 22 and 58, except where the request is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India.	500.00	TM-16
56.	On application for extension of time for a month or part thereof under section 131 [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4)]	500.00	TM-56
57.	On application for review of the Registrar's decision under section 127 (c)	2000.00	TM-57
58.	On petition (not otherwise charged) for obtaining Registrar's order on any interlocutory matter in a contested proceeding.	2500.00
59.	On request to Registrar for particulars of advertisement of a mark under rule 46.	250.00	TM-58
60	For inspecting the documents mentioned in section 148(1):- relating to any particular trade mark for every hour or part thereof. search of index mentioned in section 148 for every hour or part thereof	200.00 200.00
61	For copying of documents, (photocopy or typed) for every page of part thereof in excess of one page.	5.00 per page(subject to a minimum of Rs. 5.00)
62.	On request for a duplicate or further copy of certificate rule 62(3)	500.00	TM-59
63.	On a counter statement in answer to a notice of opposition in respect of a collective trade mark or a certification trade mark under section 64, 66,73 or 77.	1500.00	TM-9
64.	For search and issue of certificate under rule 24(3).	5000.00	TM-60
65.	On application under sub-section (b) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark which conflicts with or which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the said Act.	3000.00	TM-74
66.	On application under sub-section (a) of section 25 of Geographical Indications of Goods (Registration and Protection )Act, 1999 to refuse or invalidate the registration of a trade mark containing or consisting of a geographical indicating not originating in the territory of a country or a region or locality in that territory which the geographical indication indicates.	3000.00	TM-73
67.	Notice of intention to attend hearing under section 64, 66, 73 or 77 in respect of a collective mark or in respect of a certification trade mark, as the case may be.	500.00	TM-7
68.	On a request to divide an application or to divide a single application under proviso to section 22.	1000.00 plus appropriate class fee	TM-53
69.	On application under sub-rule 16 of rule 25 towards inclusion of specification of goods or services in excess of five hundred characters at the time of filing of application as excess space fee.	10.00 per character	TM-61
70.	On application under section 43, rule 140(2) for consent of Registrar to the assignment or transmission of certification trade mark.	1000.00	TM-62
71.	On application under rule 38(1) for the expedited examination of an application for the registration of a trade mark.	12,500.00	TM-63
72.	On application under section 63(1) to register a collective mark of a specification of goods or services included in a class from a convention country under section 154(2).	10,000.00	TM-64
73.	On application under section 71 to register a certification trade mark for a specification of goods or services included in class from a convention country under section 154(2).	10,000.00	TM-65
74.	On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of documents under proviso to rule 119.	2500.00	TM-7
75.	Deleted
76.	On request for an expedited search and issuance of a certificate under rule 24(5).	25000.00	TM-72
77.	On application for registration as a trade mark agent under 152.	1000.00	TMA-1
78.	For registration of a person as a trade mark agent under rule 154.	1000.00
79.	For continuance of the name of a person in the Register of Trade Marks Agents under rule 156:- For every year (excluding the first year) to be paid on the 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 1^stApril, and 30th September. N.B. A year for this purpose will commence on the 1^st day of April, and end on the 31^stday of March following.	1000.00 1000.00
80.	On application for restoration of the name of a person to the Register of trade marks agents under rule 159.	1000.00 plus continuance fee under entry no. 79.	TMA-2
81.	On application for an alteration of any entry in the Register of Trade Marks Agent under rule 160.	200.00	TMA-3
82.	For each addition to the registered entry of a trade mark that may be associated with a newly registered mark under section 16(1).	500.00
83.	On a single application under section 18(2) for the registration of a collective mark for different classes of goods or services.	10,000.00 for each class.	TM-66
84.	On a single application under section 18(2) for the registration of a collective mark for different class of goods or services from a convention country.	10,000.00 for each class.	TM-67
85.	On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services.	10,000.00 for each class.	TM-68
86.	On a single application under section 18(2) for the registration of a certification trade mark for different class of goods or services from a convention country under section 154(2).	10,000.00 for each class.	TM-69
87.	On request for search and issuance of a certificate pursuant to clause (ii) of sub-section (2)of section 20 of the Company	5000.00	TM-75

THE SECOND SCHEDULE FORMS

List of Forms

Form No	Section	Title Entry	Act No
TM-1	18(1),rule 25(2)	Application for registration of a trade mark for goods or services (other than a collective mark or a certification trade mark)	1
TM-2	18(1),154(2)	Application for registration of a trade mark from convention country (other than a collective mark or a certification trade mark)	3
TM-3	63(1)	Application for registration of a collective mark	8
TM-4	71(1)	Application for registration of a certification trade mark.	9
TM-5	21(1),64, 66, 73	Notice of opposition to an application for registration of a trade mark, collective mark or certification trade mark.	12
TM-6	21(2), 47, 57, 59(2)	Form of counterstatement	14
TM-7	21, 47, 57, 59, 64,66 73 and 77	Notice of intention to attend hearing.	15
TM-8	15(3)	Application for registration of series trade marks for goods or services in a class or different classes	6
TM-9	64, 66, 73 and 77	Form of counterstatement in answer to Notice of Opposition in respect of a collective mark or a certification trade mark	63
TM-10	25(3)	Proviso Payment of surcharge towards renewal of to trade mark, certification trade mark and collective mark.	22
TM-12	25	Application for renewal after expiry of last registration of a trade mark/collective mark/certification trade mark	17 to 20
TM-13	25(4)	Application for restoration of a trade mark removed from the register	21
TM-14	16(5)	Application to dissolve association between registered trade mark	16
TM-15	40(1)	rule Request for statement of grounds of decision	11
TM-16	18(4), 22 and 58	Request for correction of clerical error or for amendment rule 41	55
TM-17	40(2),rule 77	Application for the certificate of the Registrar under Section 40(2) with regard to proposed assignment of registered trade mark.	23
TM-18	40(2)	Affidavit in support of statement of case.	rule 68
TM-19	41, Rule 77	Application for approval by the Registrar of a proposed assignment or transmission of trade mark resulting in exclusive rights in different parts of India.	24
TM-20	42, rule 74(1)	Application for directions for advertisement of an assignment of trade marks otherwise than in connection with goodwill of the business.	25
TM-21	42, rule 74(3)	and rule Application for extension of time in which to apply for the Registrar’s directions for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business.	26
TM-22	18(1) rule 25(5), 144 and 145	Application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145	2
TM-23	45	Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title.	27,28
TM-24	45,rule 68	Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title.	27,28
TM-25	46(4), rule 79	Application for extension of time for the registration of the name of a company as a subsequent proprietor of a trade mark in the register.	29
TM-26	47, 57	Application for the rectification of the register or the removal of a trade mark from the register.	30, rule 92
TM-27	rule 94, 133, 139	Application for leave to intervene in proceedings relating to the rectification of the register or the removal of a trade mark from the register or a collective mark or a certification trade mark.	31
TM-28	49, rule 80	Application for registration of registered user	32,33
TM-29	50 (1)(a), rule 87	(a) Application by the registered proprietor of a trade mark for variation of the registered user thereof with regard to the goods or services or the condition or restriction.	34
TM-30	50(1)(b), rule 88(1)	(b) Application by the Registered Proprietor of a trade mark or by any of the registered users of the trade mark for the cancellation of entry of a registered user thereof.	35
TM-31	50(1)(c) or (d), rule 88(1)	(c) Application for cancellation of entry of a or (d) registered user of a trade mark of a trade mark.	36
TM-32	rule 90(2)	Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark	37
TM-33	58, rules 91,97	Request to enter change of name or description of registered proprietor (or registered user of trade mark upon the register).	38
TM-34	58, rules 91, 96, 97	Request for alteration of the address of the principal place of business of residence in India or of the address in the home country abroad in the Register of Trade Marks	39
TM-35	58 (1)(c ), rule 97	Application by registered proprietor of trade mark for the cancellation of entry thereof in the register.	42
TM-36	58(1)(d). rule 97	Application by registered proprietor of trade 42 mark to strike out goods or services from those for which the trade mark is registered
TM-37	154(2) and 15(3), rule 25(11), 26 and 31	Application in respect of series trade mark from convention countries under section 154(2) 26 & 31 for goods or services in a class or for different classes	7
TM-38	59(1)	Application by registered proprietor under Section 59 for an addition to or alteration of a registered trade mark	43
TM-39	59(2), rule 99(2)	Notice of opposition to application for addition to or alteration of a registered trade mark	44
TM-40	60, Rule 101	Application by the proprietor of a registered trade mark for the conversion of the specification	45
TM-41	60(2), Rule 101(4)	Notice of opposition to proposal for conversion of specification under section 60(2)	46
TM-42	66 or 74(2) rule 132(a), 140	Request for amendment of deposited regulations governing the use of a collective mark or alteration of deposited regulation of a certification trade mark	47
TM-43	68,77 and rules 92, 133,139	Application for removal from the register of a collective mark or to cancel or vary the registration of a certification trade mark.	48
TM-44	21(1) rule 47(6)	rule Application for extension of time for giving notice of opposition to a trade mark	13, 47(6)
TM-45	18(1), 154(2) rule 25(6), 26, 144, and 145	An application to register a textile trade mark (other than a collective mark or certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule from a convention country u/s	10, 154 (2)
TM-46	137 or 148(2), rule 119 and 120	Request for certificate of the Registrar or certified copies of documents	51 to 53
TM-47	141 rule 124	Request for entry in the register and advertisement of a note of the certificate of validity by the Appellate Board.	54
TM-48	145 and rule 21	Form of Authorisation of Agent in a matter or proceeding under the Act
TM-49	63, 71 Rule 128(1),135(1)	Regulations for governing the use of a rule 128(5) collective trade mark or acertification trade mark or 135(1)
TM-50	rule 91,96,97	Form of request by a registered proprietor or a registered user of a trade mark who has no principal place of business in India, to enter, alter or substitute an address for service inIndia.	40,41
TM-51	18(2), rule 25(9), 103	A single application under section 18(2) for rule 25(9) registration of a trade mark for goods or services in different classes.	5
TM-52	18(2) rule 25(4), 103	A single application u/s 18(2) for registration rule 25(4) of a trade mark from convention country u/s 154(2)	4
TM-53	22 rule 104(1)	Proviso Divisional application to section 22	68
		Deleted
TM-55	133(1) rule 23	Preliminary advice as to distinctiveness	50
TM-56	131, rule 105	Request for extension of time	56
TM-57	127(c), rule 115	On application for review of Registrar’s decision	57
TM-58	rule 46	Application for particulars of advertisement of a trade mark	59
TM-59	rule 62(3)	Application for duplicate or further copy of certificate of registration	62
TM-60	rule 24(3)	Application for search and certificate under Section 45(1) of the Copyright Act, 1957	64
TM-61	rule 25(16)	Application for inclusion of specification of goods or services in excess of five hundred characters	69
TM-62	43, rule 140(2)	Application for the consent of the Registrar to rule 140(2) the assignment or transmission of certification trade mark	70
TM-63	rule 38(1)	Request for expedited examination of an application for the registration of a trade mark under rule 38(1)	71
TM-64	63(1), 154(2), Rule 128(1)	Application to register a collective mark for rule 128(1) a specification of goods or services included in a class from convention country under section 154(2)	72
TM-65	154(2), rule 25(8)(b), 135(1)	Application under section 71 to register a Certification trade mark for a specification of goods or services included in a class from convention country under section 154(2)	73
TM-66	18(2),63(1). rule 25(17(a),103, 128(1).	Single application for registration of a collective trade mark for different classes of goods or services	83
TM-67	18(2), 63(1), 154(2), rule 25(17)(b), 103,128(1)	Single application for registration of a collective trade mark for different classes of goods or services from a convention country under section 154(2)	84
TM-68	18(2), 71	Single application for registration of a certifi- cation trade mark for different classes of goods or services	85
TM-69	18(2), 71, 154(2),	Single application for registration of a certifiation trade mark for different classes of goods or services from a convention country under section 154(2).	86, 71
TM-70	137, 148. rule 8(2)( c), Provision to rule 119	proviso Request for expedited certificate of the Registrar or certified copies of documents	74
		Deleted
TM-72	rule 8(2)(c ), 24(5)	Request for expedited search certificate under section 45(1) of the Copyright Act,1957	76
TM-73	Section 25(a), rule 74(2)	Request to refuse or invalidate a trade mark Of Geogra- Consisting of a geographical indication. phical Indi- cations of . Goods (Registration and Protection)Act, 1999, rule 74(2) of Geographical Indications Goods Rules, 2001 and rule 102 of Trade Marks Rules, 2001	66
TM-74	Section 25(b), rule 75(2)	Request to refuse or invalidate a trade mark of Geogra- conflicting with or containing or consisting phical Indi- of a geographical indication notified under cations of sub-section (2) of section 22 of the Goods Geographical Indications of Goods (Regi- (Registration stration and Protection)Act,1999 and Protection)Act, 1999, rule 75(2) of Geographical Indications Goods Rules and rule 102 of Trade Marks Rules, 2001	65
TM-75	rule 32	Request for search and issuance of certificate under rule 32	87
TMA-1	rule 153	Application for registration as a trade mark agent	77
TMA-2	rule 159	Application for restoration of the name of person to the register of trade marks agents	80
TMA-3	rule 160	Application for the alteration of an entry in the Register of Trade Marks Agents.	81

~~PRESENTED BY~~

~~DIWAKAR AGRAWAL~~

~~MOB-: 91-99911746549~~

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