Form TM-A: How to File a Trademark Application in India

Short answer: Form TM-A is the application form for registering a trademark in India under the Trade Marks Rules, 2017. It replaced the separate application forms of the 2002 Rules, such as Form TM-1. One TM-A can cover one mark in one or more classes. The government fee is Rs 4,500 per class online for an individual, a DPIIT-recognised startup or a small enterprise, and Rs 9,000 per class for any other applicant.

What Form TM-A is used for

Rule 23(1) of the Trade Marks Rules, 2017 says an application for registration must be made in Form TM-A and signed by the applicant or the applicant's agent. The same form is used for an ordinary (standard) trademark, a collective mark, a certification mark and a series of marks. For a collective or certification mark, the draft regulations are filed separately on Form TM-M.

A single application covers one mark. If the same mark is used for goods or services in several classes, one TM-A can name all of them, but the government fee is charged for each class. If you want to protect a name and a logo separately, they are two marks and need two applications. See logo or word mark: which to file first.

The fields on Form TM-A, one by one

The official form in the Second Schedule to the Rules has these parts. The online form on the IP India portal follows the same order.

• Nature of the application: standard trademark, collective mark, certification mark or series of marks.
• Applicant category: individual, startup, small enterprise or others. This decides the fee, and the form says the startup or small-enterprise certificate must be provided. See the MSME and startup fee concession.
• Applicant details: name, trading name, the address of the principal place of business in India, an address for service, mobile number and email. The nature of the applicant is chosen from individual, partnership firm, body corporate (including a private or public company), LLP, society, trust, government department, statutory organisation, association of persons or Hindu Undivided Family.
• Agent details, if any: a registered trade marks agent, an advocate or a constituted attorney, with the agent's registration number. The agent's authorisation itself is filed on Form TM-M.
• The trademark and its category: word mark, device mark (label, logo, monogram), colour, three-dimensional mark (shape or packaging) or sound mark, with a description of the mark.
• Language: if the mark is in a language other than Hindi or English, the language, a transliteration in Roman script and an English translation.
• Conditions or limitations, if any, and the class and description of goods or services. Use the class finder and describe what you actually sell.
• Statement as to use: either proposed to be used, or used since a stated date for all the goods or services in the application.
• Priority claim, if any: the convention country or organisation, the priority date and the earlier application number. The priority must cover all the goods and services in the application.
• Any other information, then verification and the signature, name and authority of the person filing.

Government fees for Form TM-A

The fee is set by entry 1 of the First Schedule and is charged for each class and each mark. The full list of fees for every form is on the trademark registration fees page.

Documents to keep ready before filing

• A clear, legible representation of the mark, not larger than 8 cm x 8 cm (Rule 26(1)). For a sound mark, the musical notes and an MP3 clip.
• The applicant's exact legal name, constitution and address of the principal place of business in India.
• The DPIIT startup recognition or the Udyam certificate, if you claim the lower fee.
• If you claim use before the filing date: a user affidavit with dated supporting documents such as invoices, packaging and advertisements (Rule 25(2)). See the user affidavit guide and the prior-use affidavit format.
• The agent's authorisation on Form TM-M, if an agent files for you. A power of attorney format is available.
• The priority document details, if you claim priority from an application filed abroad.

What happens after you file

The portal issues an official application number and a receipt straight away. The application then moves through the statuses shown on the e-register: usually New Application, Vienna codification for logos, the formalities check and Marked for Exam. The examiner then either accepts it or issues an examination report, and a reply is due within one month of receiving that report (Rule 33(4)).

An accepted application is advertised in the Trade Marks Journal, and anyone can oppose it within four months of the advertisement. The trademark status guide explains each status and what to do.

Common mistakes on Form TM-A

• Filing in the wrong name. The applicant becomes the owner; a founder's name and the company's name are different owners. See company name vs trademark.
• Copying a broad class heading instead of describing your goods or services, or choosing the wrong class altogether.
• Claiming a date of first use you cannot prove. The form notes that the statement as to use, once made, is final.
• Filing a coloured logo without meaning to claim the colours. The form notes that a mark filed in a specific colour combination is presumed to claim that combination.
• Choosing the lower-fee category without the supporting certificate in hand.
• Leaving out the transliteration and translation for a mark in Gujarati or another language.