Trademark In IndiaProposed Changes  In Trademark Amendment Rules,2015

January 4, 20160

The proposed  changes in the draft Trademark Amendment Rules, 2015, are the following:

 Application With Brief Description – All applications shall have to be filed with a mandatory brief description of trademark of goods or services in words .

Increase in Application Fees : The following types of application will require payment of enhanced fees by 100% from what is existing as on date :

a.Trademark Registration – from Rs 4,000/- to Rs 8,000/

b.Trademark Renewal – from Rs 5,000/- to Rs 10,000/

c.Trademark Restoration – from Rs 5,000/- to Rs 10,000/-

 Additional Fees For Manual Filing : The  Schedule 1 of the proposed rules emphasise the online filing of applications. Hence, on manual filing , there shall be an additional 10% fees over and above the changed .

 Declaration Of Well Known Trade Marks : A welcome proposals by  the well known brand owners to approach the Trade Marks Registry with a declaration that their trademark is a  “well-known” trademark for inclusion of their trademark in the list of well known TM’s . The Registrar will decide as to whether a mark is well known or otherwise .

The official fee for inclusion of the trademark in the well-known list of TM’s is Rupees One Lakh ( or approx  USD 1520) .

Registration of Sound Marks : A new provisions for registration of  Sound marks has been incorporated . Whereas,  Rule27 (5) lays that  the Sound marks i.e a sound file are to be submitted in MP3 format , not exceeding 30 seconds , with the graphical symbolization of the same.

 Fast Processing of Applications: There shall be fast processing of the applications including incidental  proceedings i.e hearing, publication, opposition, etc.

Fast Disposal of Notice of Opposition – A person can file their written statement cum reply  as soon as  the notice of opposition is put for display on  the website of Trade Marks Registry. This will expedite the disposal of notice of opposition.

With new proposed amendments , the  online display or publications shall be considered to be service of notice of opposition itself.

Affidavit With Evidence of Use It will be mandatory to file all applications alongwith an affidavit enclosing evidences to sustain the  period of use. However, this will not be applicable to those applications filed for intent to “use” .

NICE Classification: The NICE classification will be followed. Further, the Registrar shall also publish a class wise and alphabetical index of list of goods and services including those of Indian origin.

Revised  Forms: The revised and simplified forms are as below :


FORM TM- AFor Registration of Goods and Services
FORM TM-CFor Searches and Certificates.
FORM TM-RApplication for all Renewal.
FORM TM- PApplications for  amendment for description of goods & services etc .


FORM TM-OApplication for Oppositions


FORM TM-UFor Registered Users.
FORM TM-GFor Trademark Agent.


Let’s hope that the proposed changes if incorporated will result better days in Trademark Registration & Protection in India .

Leave a Reply

Your email address will not be published. Required fields are marked *

Current day month ye@r *

© 2020-21 AMLEGALS Law Firm in Ahmedabad, Mumbai, Kolkata, New Delhi, Bengaluru for IBC, GST, Arbitration, Contract, Due Diligence, Corporate Laws, IPR, White Collar Crime, Litigation & Startup Advisory, Legal Advisory.


Disclaimer & Confirmation As per the rules of the Bar Council of India, law firms are not permitted to solicit work and advertise. By clicking on the “I AGREE” button below, user acknowledges the following:
    • there has been no advertisements, personal communication, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
    • user wishes to gain more information about AMLEGALS and its attorneys for his/her own information and use;
  • the information about us is provided to the user on his/her specific request and any information obtained or materials downloaded from this website is completely at their own volition and any transmission, receipt or use of this site does not create any lawyer-client relationship; and that
  • We are not responsible for any reliance that a user places on such information and shall not be liable for any loss or damage caused due to any inaccuracy in or exclusion of any information, or its interpretation thereof.
However, the user is advised to confirm the veracity of the same from independent and expert sources.