Form TM-M: Uses, Government Fees and How to File
Short answer: Form TM-M is the general request form under the Trade Marks Rules, 2017. It is used to authorise an agent (power of attorney), request expedited examination, correct or amend an application, seek an extension of time or an adjournment, get certified copies, ask for a review and make any request not covered by another form. One TM-M is meant for one request only.
What Form TM-M is for
The official form describes itself as an application or request for any miscellaneous function relating to a trademark application, opposition or rectification. It has three parts: Part A and Part C are always filled in, and Part B is chosen from sub-categories according to the request.
The form carries an important note: one form is meant for one request only. If more than one request is made in one form, the first is considered and the rest are ignored. File a separate TM-M for each request.
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Common uses of Form TM-M and their fees
These online fees come from the First Schedule to the Trade Marks Rules, 2017; paper fees are higher where paper filing is allowed. All government fees are listed on the trademark registration fees page.
| Request | Rule or section | Online fee |
|---|---|---|
| Authorisation of an agent (power of attorney) | Rule 19, Section 145 | No separate entry in the First Schedule |
| Expedited examination of an application | Rule 34 | Rs 20,000 (individual, startup, small enterprise) or Rs 40,000 per class |
| Correction or amendment of an application | Rule 37 | Rs 900 |
| Extension of time, certified copy, duplicate certificate, inspection, grounds of decision | First Schedule entry 13 | Rs 900 |
| Division of an application, preliminary advice of the Registrar | First Schedule entry 14 | Rs 1,800 |
| Review of the Registrar's decision, interlocutory petitions, any other matter | First Schedule entry 15 | Rs 2,700 |
| Expedited certificate or certified copies | Proviso to Rule 122 | Rs 4,500 |
| Inclusion in the list of well-known trademarks | Rule 124 | Rs 1,00,000 |
Power of attorney on Form TM-M
Rule 19(1) requires the authorisation of an agent for the purposes of Section 145 to be executed in Form TM-M. Once it is on record, documents served on the agent count as served on you, and the agent can appear before the Registrar for you (Rule 19(2)). The Registrar can still ask for your personal signature or presence in a particular case (Rule 19(3)).
This replaced the old Form TM-48 of the 2002 Rules; see Form TM-48 for what changed. A power of attorney format and the stamp duty on a power of attorney by state are also available.
Expedited examination on Form TM-M
Under Rule 34(1), after the application gets its official number, the applicant can request expedited processing on Form TM-M. The application is then examined expeditiously, ordinarily within three months of the request, and the later stages, including the examination-report reply, any hearing, advertisement and opposition, are also handled on priority.
It is available only online. The fee is Rs 20,000 per class for an individual, startup or small enterprise and Rs 40,000 per class for others, for each mark. Faster examination does not mean the mark will be accepted; a weak or conflicting mark simply gets its objection sooner.
Amendments, extensions and adjournments
Rule 37 lets an applicant apply on Form TM-M to correct an error or amend the application, before or after acceptance but before registration. No amendment is allowed that substantially alters the mark applied for. Narrowing the goods or services is a common and useful amendment; see the request to amend an application.
Under Rule 109, an extension of time of up to one month at a time can be requested on TM-M for periods set by the Rules, but not for periods fixed by the Act itself, such as the four-month opposition period or the two-month counter-statement period. In opposition proceedings, an adjournment of a hearing is requested on TM-M at least three days before the hearing date, and no party gets more than two adjournments of up to thirty days each (Rule 50(2)). A hearing adjournment request format is available.
How to file Form TM-M online
Most TM-M requests are filed through the comprehensive e-filing service on the IP India website. The steps are broadly the same for every request:
- Log in to the trademark e-filing portal with the applicant's or agent's account.
- Choose Form TM-M and enter the application or registration number the request relates to.
- Fill in Part A (who is making the request), pick the single request you are making in Part B, and complete Part C (signature and verification).
- Attach what the request needs: the power of attorney for an agent authorisation, the proposed amended wording for an amendment, or the reason for an adjournment or extension.
- Pay the government fee online and save the receipt with its request number. Check the e-register a few days later to see that the request has been taken on record.
Common mistakes on Form TM-M
- Combining two requests in one form. Only the first is considered.
- Asking for more time to oppose or to file a counter-statement. Those periods are fixed by the Act and cannot be extended on TM-M.
- Filing an adjournment request less than three days before the hearing, or expecting a third adjournment in opposition proceedings.
- Requesting an amendment that changes the mark itself. Rule 37 does not allow an amendment that substantially alters the mark.
- Quoting the wrong application number, so the request is placed on another file.