TradeMark Registration Service in Sambalpur, Odisha
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FinTax Corporate Professionals LLP - LOOKING for a Trademark or Brand Registration ? Call us +91-7210000745 at. Registration @ Rs 1000/- plus Govt Fee. Trademark/Brand Registration Valid for 10 days and renew for next 10 year. Use ‘TM’ after Apply and ‘R’ after certificate received. File Trademark Application, TM Objection Reply, Hearing attend.
TradeMark Consultants in Sambalpur, Odisha
Trademark Fee and Forms
Entry No
On what payable
Amount in INR.
Corresponding Form Number
For Physical filing
For E-filing
1
Application for registration of a trademark /collective Marks / Certification Mark / Series of trademark for specification of goods or services included in one or more than one classes.
Where the applicant is an Individual / Startup/Small Enterprise
5,000
4,500
In all other cases (Note: Fee is for each class and for each mark )
10,000
9,000
2
On a notice of opposition under section 21(1), 64, 66 or 73 or application for rectification of register under section 47 to 57, 68, 77 or application under rule 99, 103, 135,140 or On application under section 25 of Geographical Indication of Goods (Regulations and Protection) Act, 1999 to invalidate a trademark or counter statement related thereto. (Note: Fee is for each class opposed or counterstatement filed)
On application for: Certificate of the Registrar under section 40(2), or For approval of the Registrar under section 41, or Direction of the Registrar for advertisement of Assignment without goodwill under section 42, or Add or alter a registered trademarkunder section 59(1) for each trademark, or Conversion of specification under Section 60 for each trademark.
3,000
2,700
On application for: Extension of time for applying for direction under section 42 for advertisement of assignment without goodwill, or Extension of time for registering a company as subsequent proprietor of trademarks under section 46(4),or Consent of Registrar to the assignment or transmission of a certification trademark under section 43, or Change a name and / or description of a registered proprietor or a registered user of a trademark under section 58 for each trademark.
2,000
1,800
On application for: Dissolution of association between trademark sunder section 16(5), or Change in address or address for service in India of Registered Proprietors under section 58 for each trademark, or Request for cancellation of an entry in the register or part thereof under section 58 for each trademark.
1,000
900
5
Application under section 49 to a registered user of a registered trademark in respect of goods or services Or On application under clause (a) of sub-section (1) of section 50 to vary the entry of a registered user of one trademark where the trademarks are covered by the same registered user in respect of each of them Or On application under clause (b), (c) or (d) of sub-section (1) of section 50 for cancellation of entry of a registered user of one trademark Or On notice under rule 95 (2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trademark (Note: applicable fee is for each mark)
Request for an expedited search and issuance of certificate under rule 22 (3)
Not allowed
30,000
7
On application for: Extension of time, or Certified copy, or Duplicate Registration Certificate, or inspection of document,or Particulars of advertisement to registrar, or seeking grounds of decision of Registrar, or Enter in the register and advertise a note of certificate of validity under rule 127, Amendment in trademark application, or Particulars of advertisement of a trademark to Registrar under rule 41.
On application for: Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74 (2), or Seeking Registrar preliminary advice, or For division of an application.
2,000
1,800
On application for: Review of Registrar’s decision, or Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding, or Any other matters not covered in other TM forms.
3,000
2,700
On request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122 (Note: for entry in respect of each registered trademark or for each document)
5,000
4,500
On application under rule 34 for expedited process of an application for the registration of a trademark
Where the applicant is an Individual / Startup/Small Enterprise
Not allowed
20,000
In all other cases (Note: fee is for each class and for each mark)
Not allowed
40,000
Request to include a trademark in the list of well- known trademark(Note: applicable fee is for one mark only.)
Not allowed
1,00,000
8
On application for registration of a person as a trademark agent under rule 147 & 149.
For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year.
10,000
9,000
On application for restoration of the name of a person to the Register of trademarks agents under rule 153 within 3 years from the date of removal of registration.
5,000 Plus continuation fee as mentioned in entry number 20
4,500 Plus continuation fee as mentioned in entry number 20
On application for an alteration of any entry in the Register of trademarks Agent under rule 154
1,000
900
Handling fee for certification and transmission of international application to International Bureau with MM2(E)
Not allowed
5,000
First Schedule:- Trade Mark Rules 2002
Entry No
On what payable
Amount Rs.
Corresponding Form Numbe
1
On application to register a trade mark for a specification of goods or services included in one class [Section 18(1)
On application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145
On a single application under section 18(2) for the registration of a trade mark for different classes of goods or services from a convention country under section 154(2
On application to register a series of trade mark from a convention country under section 154(2) for a specification of goods or services included in a class or classe
3500.00 for each trade mark and for each separate class thereo
On application for the registration of a textile trade mark (other than a certification trade mark or a collective mark ) consisting exclusively of numerals or letters, or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under section 154(2)
On a counter statement in answer to a notice of opposition under section 21, for each application opposed, or in answer to an application under any of the section 47 or 57 in respect of each trade mark or in answer to a notice of opposition under section 59 or rule 101 for each application or conversion opposed
For renewal under section 25 of the registration of a series trade mark at the expiration of the last registration- For the first two marks of the series of each separate class For every additional mark of the series of eac separate class
On application for certificate of the Registrar under section 40(2) For the first mark proposed to be assigned For every additional mark of the same proprieto included in that assignment
On application for approval of the Registrar under
section 41 For the first trade mark For every additional mark of the sam proprietor included in the same transfer
On application under section 42 for direction of a Registrar for advertisement of assignment without goodwill of a trade mark in use For the first mark assigned For every additional mark assigned with th same devolution of title
On application for extension of time for applying for directions under section 42 for advertisement of assignment without goodwill of trade mark in use in respect of devolution of title Not exceeding one mont Not exceeding two month Not exceeding three month
If made within six months from the date of acquisition of proprietorship
If made after expiration of six months but before 12 months from the date of acquisition of proprietorship
If made after 12 months from date of acquisition of proprietorship
On application under section 45 to register a subsequent proprietor of more than one trade mark registered in the same name, the devolution of title being the same in each case:
If made after the expiration of six months but before twelve months from the date of acquisition of proprietorship:
For the first mar
For every additional mar
If made after expiration of twelve months from the date of acquisition of proprietorship:
For the first mar
For every additional mar
On application under section 46(4) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment : Not exceeding two month Not exceeding four month Not exceeding six month
On application under any of the sections 47 or 57 for rectification of the register or removal of a trade mark from the register or cancellation of a registered collective mark or a certification trade mar
On application under rule 94 for leave to intervene in proceeding under any of the sections 47 or 57 for rectification of the register or removal of trade mark from the register or under rule 133 or 139 in respect of a collective mark or certification trade mark
On application under section 49 to register a registered user of a registered trade mark in respect of goods or services within the specification thereof
On application under section 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trade marks are covered by the same registered user agreement in respect of goods or services within the respective specification thereof and subject to the same conditions and restrictions in each case: For the first mar For every additional mark of the proprietor included in the application, and in the registered user agreemen
On application under clause (a) of sub-section 1 of section 50 to vary the entry of a registered user of one trade mark where the trade marks are covered by the same registered user in respect of each of them: For the first mar For every additional mark included in the applicatio
On application under clause (b) of sub-section (1) of section 50 for cancellation of the entry of a registered user of one trade mark Where the application includes more than one trade mark For the first mar For every additional mark included in the applicatio
On application under clause (c) or (d) of sub-section (1) of section 50 to cancel the entry of a registered user of one trade mark: Where the application includes more than one trade mark: For the first mar For every additional mark included in the applicatio
On notice under rule 90(2 ) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trade mar
On application under section 58 to change the name or description of a registered proprietor or a registered user of a trade mar where there has been no change. In the proprietorship or in the identity of the registered user (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in Indi where the application includes more than one trade mark For the first trade mar For every additional mark included in the applicatio
On application under section 58 to alter an entry of the address of a registered proprietor or of a registered user of a trade mark unless exempted from fee under rule 96(3) Where the application include more than one trade mark - and where the address in each case is the same and is altered in the same way For the first entr For every other entry included in the applicatio
On application to make an entry of an address for service in India of a registered proprietor or a registered user of a trade mark where the application include more than one trade mark and the address for service to be entered is the same in each case For the first entr For every other entry included in the application
On application to alter or substitute an entry of an address for service inIndia in the register unless exempted from fee under rule 96(3) Where the application includes more than one trade mark and the address in each case is the same and is altered or substituted in the same way For the first entr For every other entry included in the applicatio
On application under clause (c) of sub-section (1) of section 58 for canceling the entry or part thereof from the register or under clause (d) to strike out goods or services from the register
On application under section 59(1) for leave to add or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of statutory requirement) Where the application includes more than one trade mark and the addition or alteration to be made in each case being the same For the first mar For every other mark included in the application
On notice of opposition under sub-section (2) of section 59 to an application for leave to add or to alter a registered trade mark for each application oppose
On notice of opposition in each separate class under sub-section 2 of section 60 to a conversion of the specification or specifications of a registered trade mark For the first mar For every additional mark included in the notice of opposition
On application under section 66 for amendment of the deposited regulations of a collective mark or alteration under section 74(2) for the regulation of a certification trade mark Where the marks are entered in the register as associated trade marks For the regulation of one registration For the same or substantially same regulation of each additional registration proposed to be altered in the same way and included in the same application
On application under section 68 to remove the registration of a collective mark or cancel or vary the registration of a certification trade mark under section 7
On request for certificate of the Registrar [other than certificate under section 23(2)] of the registration of a series of the trade mark under section 15 for each class
On request, not otherwise charged for correction of a clerical error or for amendment under section 18(4), 22 and 58, except where the request is made as a result of an order of a public authority or in consequence of a statutory requirement as per law in India
On application for extension of time for a month or part thereof under section 131 [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4)
For inspecting the documents mentioned in section 148(1): relating to any particular trade mark for every hour or part thereof search of index mentioned in section 148 for every hour or part thereo
200.0
200.0
61
For copying of documents, (photocopy or typed) for every page of part thereof in excess of one page
5.00 per page(subject to a minimum of Rs. 5.00
62
On request for a duplicate or further copy of certificate rule 62(3
On a counter statement in answer to a notice of opposition in respect of a collective trade mark or a certification trade mark under section<
Brand Registration Consultants in Sambalpur, Odisha
PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION 25. Form and signing of application. - (1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent. (2) An application to register a trade mark for a specification of goods or services included in any one class shall be made in Form TM-1. (3) An application to register a trade mark under sub-section (2) of section 154 for a specification of goods or services included in any one class from a convention country shall be made in Form TM-2. (4) A single application for the registration of a trade mark for different classes of goods or services from convention country under subsection (2) of section 154 shall be made in Form TM-52. (5) An application to register a textile trade mark(other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 shall be made in Form TM-22. (6) An application to register of a textile mark (other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under sub-section (2) of section 154 shall be made in Form TM-45. (7) (a) An application under section 63(1) to register a collective trade mark for a specification goods or services in any one class shall be made in Form TM-3. (b) An application under section 63(1) to register a collective trade mark for a specification of goods or services from a convention country under sub-section (2) of Section154 shall be made in Form TM-64. (8) (a)An application under section 71 to register a certification trade mark for a specification of goods or services included in any one class shall be made in Form TM-4. (b) An application under section 71 to register a certification trade mark for a specification of goods or services from a convention country under sub-section (2) of Section 154 shall be made in Form TM-65. (9) A single application for the registration of a trade mark for different classes of goods or services shall be made in Form TM-51. (10) An application to register a series trade marks under section 15 for a specification of goods or services included in a class or for different classes shall be made in Form TM-8. (11) An application to register a series trade mark under section 15 for a specification of goods or services included in a class or for different classes from a convention country under sub-section (2) of section 154 shall be made in Form TM-37. (12) An application for registration of a trade mark for goods or services shall: - a) Explain with sufficient precision a description by words of the trade mark, if necessary to determine the right of the applicant; b) Be able to depict the graphical representation of the trade mark; c) Not be acted upon which consists of a three dimensional mark unless it contains a statement to that effect; d) Not be acted upon which consists of a colour combination is claimed as an element of a trade mark unless it contains a statement to that effect and specifies the colours. (13) An amendment to divide an application under proviso to section 22 shall be made in Form TM-53. (14) An application shall be in respect of one trade mark only for as many class or classes of goods or services as may be made. (15) In the case of an application for registration in respect of all the goods or services included in a class or of a large variety of goods or services in a class, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made or intends to make if and when it is registered. (16) The specification of goods or services shall not ordinarily exceed five hundred characters. An excess space fee as prescribed in the First Schedule is payable with each application in Form TM-61. (17)(a) A single application for the registration of a collective mark in different classes shall be made in Form TM-66 (b)A single application for the registration of a collective mark in different classes from a convention country shall be made in Form TM-67. (18) (a) A single application for the registration of certification trade mark in different classes shall be made in Form TM-68. (b) A single application for the registration of a certification trade mark in different classes from a convention country shall be made in Form TM-69. (19) Where an applicant files a single application for more classes than one, and the Registrar determines that the goods or services applied for fall in class or classes in addition to those applied for, the applicant may restrict the specification of goods or services to the class applied for or amend the application to add additional class or classes on payment of the appropriate class fee and the divisional fee. The new class created through a division retains the benefit of the original filing date or in the case of an application from a convention country the convention application date under sub-section (2) of Section 154 provided the claim was otherwise properly asserted in the initial application. 26. Application under convention arrangement . - (1) Where a right to priority is claimed by reason of an application for protection of a trade mark duly filed in a convention country under section 154 a certificate by the Registry or competent authority of that Trade Marks Office shall be included in an application for registration under sub-rule (3), (4), (6), (7)(b), (8)(b), (11), (17)(b) or (18)(b) of rule 25, as the case may be, and it shall include the particulars of the mark, the country or countries and the date or dates of filing of application and such other particulars as may be required by the Registrar.. (2) Unless such certificate has been filed at the time of the filing of the application for registration, there shall be filed, within two months of the filing of such application certifying or verifying to the satisfaction of the Registrar, the date of the filing of the application, the country, the representation of the mark, and the goods or services covered by the application. (3) The application shall include a statement indicating the date of filing of the convention application, the name of the convention country where it was filed, the serial number, if any, and a statement indicating that priority is claimed: Provided Where the applicant files more priority claims than one under section 154 for some or all the goods or services in respect of the same trade mark, the Registrar shall take the date of the earlier application in a convention country, as the priority date; Provided further that the Registrar shall take such priority date only in respect of goods or services referred to in convention application. (4) Where a single application under sub-section (2) of section 18 is filed from a convention country for one or more classes of goods or services, the applicant shall establish a sufficient ground to the satisfaction of the Registrar for the date of filing of application in all such classes. 27. Statement of user in applications.- An application to register a trade mark shall, unless the trade mark is proposed to be used, contain a statement of the period during which, and the person by whom it has been used in respect of the goods or services mentioned in the application. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used. 28. Representation of mark .- (1) Every application for the registration of a trade mark, and where additional copies of the application are required every such copy, shall contain a representation of the mark in the space (8cm x 8 cm) provided on the application form for that purpose: Provided that in any case the size of such representation shall not exceed 33 centimetres by 20 centimetres with a margin of 4 centimetres on the left hand side. 29 Additional representations.- (1) Every application for registration of a trade mark shall, except as hereinafter provided, be made in triplicate and shall be accompanied by five additional representations of the mark. The representations of the mark on the application and each of its copies and the additional representations shall correspond exactly with one another. The additional representations shall in all cases be noted with the specification and class or classes of goods or services for which registration is sought , the name and address of the applicant, together with the name and address of his agent, if any, the period of use, if any, and such other particulars as may from time to time be required by the Registrar and shall be signed by the applicant or his agent. (2) Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as the distinctive feature of the mark, the application shall be accompanied with one reproduction of the mark in black and white and four reproduction of the mark in colour. (3) Where the application contains a statement to the effect that the trade mark is a three dimensional mark, the reproduction of the mark shall consist of a two dimensional graphic or photographic reproduction as follows, namely:- (i) The reproduction furnished shall consist of three different view of the trade mark; (ii) Where, however, the Registrar considers that the reproduction of the mark furnished by the applicants does not sufficiently show the particulars of the three dimensional mark, he may call upon the applicant to furnish within two months up to five further different views of the mark and a description by words of the mark; (iii) Where the Registrar considers the different views and/or description of the mark referred to in clause (ii) still do not sufficiently show the particulars of the three dimensional mark, he may call upon the applicant to furnish a specimen of the trade mark. (4) (i) Where an application for the registration of a trade mark consists of shape of goods or its packaging, the reproduction furnished shall consist of at least five different views of the trade mark and a description by word of the mark. (ii) If the Registrar considers the different views and description of the mark in subclause (i) still does not sufficiently show the particulars of the shape of goods or its packaging, he may call upon the applicant to furnish a specimen of the goods or packaging as the case may be. 30. Representations to be durable and satisfactory. - (1)All representations of trade marks shall be of a durable nature, and each additional representation required to be filed with an application for registration shall be mounted on a sheet of strong paper of the size of approximately 33 centimetres by 20 centimetres, leaving a margin of not less than 4 centimetres on the left hand part of the sheet. (2) If the Registrar is not satisfied with any representation of a mark he may at any time require another representation satisfactory to him to be substituted before proceedings with the application. (3) Where representation of a trade mark cannot be given in the manner set forth hereinabove, a specimen or copy of the trade mark may be sent either in full size or on a reduced scale and in such form as the Registrar may think most convenient. 31. Series trade marks. – (1) Where an application is made for the registration of series trade marks under sub-section (3) of section 15, copies of representation of each trade mark of the series shall accompany the application in the manner set forth in rules 28 and 29. (2) An applicant claiming to be the proprietor of a series trade mark under sub-section (3) of section 15 may apply to the Registrar in Form TM-8 or TM37, as the case may be, for its registration as a series for one registration and there shall be included in each such application a representation of the trade mark of each class claimed to be in the series. The Registrar shall, if satisfied that the marks constitutes a series proceed further with the applications. (3) At any time before the publication of the application in the Journal, the applicant applying under sub-rule (2) may request in Form TM-53 for the division of the application into separate application or applications, as the case may be, in respect of one or more marks in that series and the Registrar shall, if he is satisfied that the division requested conforms with sub-section(3) of section 15, divide the application or applications accordingly. (4) The division of an application into one or more applications under sub-rule (3) shall be on the payment of a divisional fee and such class fees as are appropriate. 32. Request for search of a company name: Any person may, after the Registrar has informed the public in the Journal permitting a request in Form TM-75 to cause a search to be made and for issuance of a certificate pursuant to clause (ii) of sub-section(2) of section 20 of the Companies Act, 1956 (1 of 1956) to the effect that no trade mark identical with or deceptively similar to the name of the company in respect of which the request is made has been registered as a trade mark or is pending under the Trade Marks Act,1999(47 of 1999) 33. Transliteration and translation. - Where a trade mark contains a word or words in scripts other than Hindi or English, there shall be endorsed on the application form and the additional representations thereof, a sufficient transliteration and translation to the satisfaction of the Registrar of each such word in English or in Hindi and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent. 34. Names and representations of living persons or persons recently dead. - Where the name or representation of any person appears on a trade mark the applicant shall, if the Registrar so requires, furnish him with the consent in writing of such person in case he is living or, in case his death took place within twenty years prior to the date of the application for registration of the trade mark, of his legal representative, as the case may be, to the use of the name or representation and in default of such consent the Registrar may refuse to proceed with the application for registration of the trade mark. 35. Name or description of goods or services on a mark . - (1) Where the name or description of any goods or services appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods or services other than the goods or services so named or described. (2) Where the name or description of any goods or services appear on a trade mark, which name or description in use varies, the Registrar may permit the registration of the trade mark for those and other goods or services on the applicant giving an undertaking that the name or description will be varied when the trade mark is used upon goods or services covered by the specification other than the named or described goods or services. The undertaking so given shall be included in the advertisement of the application in the Journal under section 20. 36. Deficiencies.- Subject to sub-rule (2) of rule 11, where an application for registration of a trade mark does not satisfy the requirement of any of the provisions of the Act or these rules, the Registrar shall sent notice thereof to the applicant to remedy the deficiencies and if within one month of the date of the notice the applicant fails to remedy any deficiency so notified to him, the application may be treated as abandoned.
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TradeMark Registration Process Documents fee - FinTax
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Brand Registration Process Documents fee - FinTax
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Procedure for Registration of Trade Marks Application - FinTax
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