TM Rules, THE SECOND SCHEDULE
THE SECOND SCHEDULE FORMS | ||||
FORM | SECTIONS OF THE ACT | TITLE DESCRIPTION | FIRST SCHEDULE ENTRY | Remarks |
TM-A | Sections 15, 15(3), 18(1), 18(2), 63(1), 71, 71(1), 154 (2) | Application for registration of a trademark for specification of goods or services included in one or more than one classes under section 18(1) or 18(2) or Application for registration of Collective Marks for specification of goods or services included in one or more than one classes under section 63(1),or Application for registration of Certificate Marks for specification of goods or services included in one or more than one classes under section 71(1), or Application for registration of a trademark as a series for specification of goods or services included in one or more than one classes under section 15 (3) | 1 (5000/4500) (10000/9000) | Registration – Collective Mark – Certificate mark – Series Mark |
TM-M | Sections 18(4), 22, Proviso to 22, 23 (2), 43,58, 66, 74(2), 127©, 131, 133(1), 137, 148(2), Rules 23, 36, 36(1), 41, 56(3), 108, 109, 122, 124, 127 | Request for amendment in trademark application, or Seeking grounds of decision, or Seeking Registrar preliminary advice, or Application for deposition of regulation of collective trademark, or Alteration of regulation of certification trademark, or Request for Certified copy, or Duplicate Registration Certificate, or Extension of time, Request to review of decision to registrar, or Inspection of document, or Request to registrar for advertisement, or Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Request to inclusion of a mark in list of well-known trademarks, or Any other matters not covered in other TM forms. particulars of |
13,14,15,16,17,18, 1000/900 2000/1800 3000 /2700 5000/4500 Not allowed/20000 Not allowed/40000 Not allowed /1,00,000 |
Amendment in TM application -Grounds of Decision – Collective mark – Certifcation mark alteration – Certifitied copy- Duplicate Registration, Extension of Time, Review Request & Review of Decision of Registrar, Inspection of Document, Advertisement Request -Registrar Order for any Interlouctory matter in a contesting proceeding – Well known mark – Any other matter not covered in other TM-Form |
TM-R | Section 25, Proviso to Sec 25 (3), Rule 22(3) | Application for Renewal of a Trademark or Request for Renewal Surcharge or Request for Restoration of a Trademark | 3,4,5 10,000/9000 5000/4500 10000/9000 |
Renewal -Renewal Request – Restoration |
TM-C | Rule 22(1), Rule 22(3) | Application for Search Certificate Request | 11,12 | |
TM-O | Sections 21, 21(1), 47-57, 59,64, 66,68,73,77, and 25 of GI Act, Rules 99, 105, 130, 136 | On a Notice of Opposition under Section 21(1), 64, 66, 73, Application for Rectification of Register under Section 47 to 57, 57, 68, 77, Application under Rule 99, 135, 140 or Application under Section 25 of GI, to invalidate or counter statement related thereto | 2, 3000/2700 | Notice of Opposition – Counter Statement – Rectification – GI |
TM-P | Sec 16(5), 40(2), 41, 42, 43, 45, 58, 59,60, Rules 75, 80, 83, 85 | Request to replace subsequent proprietor as registered proprietor on register, or Request to amend the details of registered proprietors or registered users, or Request to Amendment of Registered Trademarks, or Request for amendment in specification of Goods and Services, or Request for Conversion of Goods, or Request for dissolution of association between trademarks. | 6,7,8,9 | Replace Proprietor, Registered users, Request to Amendment of TM, Class amendment, Conversion of Goods, Dissolution of association |
TM-U | Sec 49, 50, 50(1) (a), 50(1) (b), 50(1) © (d) Rule 95 | Application for Record of Registered Users, or Request for amendment in details of registered user or Application for Cancellation or variation of registered user or, Application to intervene in the proceedings b third party | 11 1/9 | Registered user record- Cancellation |
TM -G | Rules 147, 153, 154 | Application of Registration of a Trademark Agent or Request for Continuation as a Trademark agent, or Restoration of the Trademark agent name in register, or Alteration related to details of Trademarks Agents in the Register. | 19,20,21,22 5000/4500 10000/9000 5000/4500 1000/900 |
Agent – Continuation -Alteration |