Form TM-G: How to Register as a Trademark Agent in India
Short answer: Form TM-G is the form for registering as a trademarks agent with the Trade Marks Registry, and also for restoring a removed name or altering an agent's entry. An Indian citizen aged 21 or more who is a graduate and passes the Registry's examination qualifies; advocates and members of the Institute of Company Secretaries of India qualify without the examination (Rule 144). The online fee is Rs 4,500.
What Form TM-G covers
Every person who wants to be registered as a trademarks agent applies on Form TM-G (Rule 147). The same form is used for the related requests below. Applications go to the Trade Marks Registry office within whose territory the applicant's principal place of business is situated (Rule 146); for Gujarat that is the Ahmedabad office.
- Registration as a trademarks agent (Rules 147 and 149).
- Continuance of the name in the register of trademarks agents (Rule 150).
- Restoration of a name removed for non-payment, within three years of removal (Rule 153).
- Alteration of an entry in the register of trademarks agents (Rule 154).
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Who can register as a trademark agent
Under Rule 144, a person qualifies if they:
- are a citizen of India;
- are at least 21 years old;
- are a graduate of a university in India (or hold an equivalent qualification) and have passed the examination under Rule 148, or are an advocate under the Advocates Act, 1961, or a member of the Institute of Company Secretaries of India; and
- are considered fit by the Registrar.
Who is not eligible
Rule 145 debars, among others, a person who has been found by a court to be of unsound mind, an undischarged insolvent, a discharged insolvent without a certificate that the insolvency was caused by misfortune without misconduct, and a person convicted of an offence punishable with imprisonment unless pardoned or otherwise cleared as the rule provides.
The trademark agent examination
When the Registrar is satisfied that an applicant meets the qualifications, a date is appointed for an examination in trade marks law and practice (Rule 148(1)). The qualifying marks are those advertised by the Registrar (Rule 148(2)). Preparation usually covers the Trade Marks Act, 1999, the Trade Marks Rules, 2017, procedure at the Registry and drafting; the trademark law guide and the drafts library are useful starting points.
Steps to become a registered trademark agent
- Check that you meet Rule 144 and are not debarred under Rule 145.
- File Form TM-G with the fee, in duplicate, at the Registry office for your principal place of business (Rules 146 and 147). Answer any further questions the Registrar raises (Rule 147(2)).
- If you qualify through the examination route, appear on the date the Registrar appoints and reach the qualifying marks it advertises (Rule 148).
- Once the Registrar finds you eligible and qualified, you are enrolled on payment of the prescribed fee and receive a certificate in Form RG-4 (Rule 149).
- Pay the continuance fee on time and file Form TM-G to record any change of name, address or qualifications (Rules 150 and 154).
Fees and keeping the registration alive
A registered agent receives a certificate in Form RG-4, and the registration runs until the end of that financial year (Rule 149). The name stays on the register only while the continuance fee is paid (Rule 150); the Registrar removes a name if the fee is not received within three months of falling due (Rule 151).
| Request on Form TM-G | Online fee | Paper fee |
|---|---|---|
| Registration as a trademarks agent | Rs 4,500 | Rs 5,000 |
| Continuance of the name, for every five years, payable on or before 1 April of the succeeding financial year | Rs 9,000 | Rs 10,000 |
| Restoration within three years of removal | Rs 4,500 plus the continuance fee | Rs 5,000 plus the continuance fee |
| Alteration of an entry in the register | Rs 900 | Rs 1,000 |
When an agent can be removed or refused
Under Rule 151(2), the Registrar removes an agent who is or becomes subject to a disability under Rule 145, who is declared not fit and proper because of negligence, misconduct or dishonesty in professional work, or whose name was entered by error or through misrepresentation. Before removing a name on the second or third ground, the Registrar must first issue a show-cause notice.
Under Rule 152, the Registrar can refuse to recognise a person whose name was removed and not restored, and must refuse to recognise as an agent anyone who neither resides nor has a place of business in India.
What a registered agent can do, and how to check one
Section 145 of the Trade Marks Act lets an act before the Registrar be done by a legal practitioner, a registered trade marks agent or a person in the sole and regular employment of the principal. On Form TM-A, the agent is identified as a registered trade marks agent, an advocate or a constituted attorney, with a registration number, and the authorisation is filed on Form TM-M.
The Registrar publishes the list of registered trademarks agents with their addresses from time to time, and at least once every two years (Rule 155). Before engaging anyone, ask for the agent's registration number and check it against the published list on the IP India website.
Rule 156 still says appeals lie to the Intellectual Property Appellate Board, but that Board was abolished by the Tribunals Reforms Act, 2021. Appeals against the Registrar's orders now go to the High Court.