Professional Documents
Culture Documents
Trade Mark Agent Application
Trade Mark Agent Application
Clearance Search
Trade Mark Search
INN Search
Well-known Marks
Section & Rule
Form Application
Fee
Timeline
2 Month
Counter statement Rule 98
2 Month
Evidence in support of
Rule 46
Application Evidence in support of Rule 45
1 Month Opposition
2 Month
Further evidence by
Rule 47
opponent Evidence in support of
Rule 46
Application
Hearing Rule 50 1 Month
Further evidence by
Rule 47
Refused opponent
CHAPTER XI
APPEALS
83. To 90 [Omitted.]
91. Appeals to High Court.
92. To 93 [Omitted.]
94. Bar to appear before Registrar.
95. To 96 [Omitted.]
97. Procedure for application for rectification, etc., before High Court.
98. Appearance of Registrar in legal proceedings.
99. To 100 [Omitted.]
CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
101. Meaning of applying trade marks and trade descriptions.
102. Falsifying and falsely applying trade marks.
103. Penalty for applying false trade marks, trade descriptions, etc.
104. Penalty for selling goods or providing services to which false trade
mark or false trade
description is applied.
105. Enhanced penalty on second or subsequent conviction.
106. Penalty for removing piece goods, etc., contrary to section 81.
107. Penalty for falsely representing a trade mark as registered.
108. Penalty for improperly describing a place of business as connected
with the Trade Marks Office.
109. Penalty for falsification of entries in the register.
110. No offence in certain cases.
111. Forfeiture of goods.
112. Exemption of certain persons employed in ordinary course of
business.
113. Procedure where invalidity of registration is pleaded by the accused.
114. Offences by companies.
115. Cognizance of certain offences and the powers of police officer for
search and seizure.
116. Evidence of origin of goods imported by sea.
117. Costs of defence or prosecution.
118. Limitation of prosecution.
119. Information as to commission of offence.
120. Punishment of abetment in India of acts done out of India.
121. Instructions of Central Government as to permissible variation to be
observed by criminal courts.
THE TRADE MARKS ACT, 1999
CHAPTER XIII
MISCELLANEOUS
122. Protection of action taken in good faith.
123. Certain persons to be public servants.
124. Stay of proceedings where the validity of registration of the trade
mark is questioned, etc.
125. Application for rectification of register to be made to High Court in
certain cases.
126. Implied warranty on sale of marked goods.
127. Powers of Registrar.
128. Exercise of discretionary power by Registrar.
129. Evidence before Registrar.
130. Death of party to a proceeding.
131. Extension of time.
132. Abandonment.
133. Preliminary advice by the Registrar as to distinctiveness.
134. Suit for infringement, etc., to be instituted before District Court.
135. Relief in suits for infringement or for passing off.
136. Registered user to be impleaded in certain proceedings.
137. Evidence of entries in register, etc., and things done by the Registrar.
138. Registrar and other officers not compellable to produce register, etc.
139. Power to require goods to show indication of origin.
140. Power to require information of imported goods bearing false trade
marks.
141. Certificate of validity.
142. Groundless threats of legal proceedings.
143. Address for service.
144. Trade usages, etc., to be taken into consideration.
145. Agents.
146. Marks registered by an agent or representative without authority.
147. Indexes.
148. Documents open to public inspection.
149. Reports of Registrar to be placed before Parliament.
150. Fees and surcharge.
151. Savings in respect of certain matters in Chapter XII.
152. Declaration as to ownership of trade mark not registrable under the
Registration Act, 1908.
153. Government to be bound
154. Special provisions relating to applications for registration from
citizens of convention countries.
155. Provision as to reciprocity.
156. Power of Central Government to remove difficulties.
157. Power to make rules.
158. Amendments.
159. Repeal and savings.
THE SCHEDULE
THE TRADE MARKS Rule, 2017
PART I
CHAPTER I
PRELIMINARY
Rules
1. Short title and commencement.
2. Definitions.
3. Principal place of business in India
4. Appropriate office of the Trade Marks Registry
5. Jurisdiction of appropriate office not altered by change in the principal place
of business or address for service.
6. Entry of the appropriate office in the Register.
7. Transfer of pending applications and proceedings to appropriate offices of
the Trade Marks Registry.
8. Leaving of documents, etc.
9. Issue of notices etc.
10. Fees.
11. Forms.
12. Size, etc of documents.
13. Signing of documents.
14. Service of documents.
15. Particulars of address etc. of applicants and other persons.
16. Statement of principal place of business in India in the application.
17. Address for service.
18. Service of Documents by the Registrar.
19. Agency.
20. Classification of goods and service.
21. Preliminary advice by Registrar as to distinctiveness.
22. Request to Registrar for Search.
CHAPTER II
PROCEDURE FOR REGISTRATION OF TRADEMARKS
APPLICATION
23. Form and signing of application
24. Application under convention arrangement.
25. Statement of user in applications.
26. Representation of trademark.
27. Series Trademarks.
28. Transliteration and translation.
29. Names and representations of living persons or persons recently dead.
30. Name or description of goods or services on a trademark.
31. Deficiencies.
32. Acknowledgement of the Application.
33. Examination, Objection to acceptance, hearing.
34. Expedited Processing of Application.
35. Notice of withdrawal of application for registration.
36. Decision of Registrar.
37. Correction and amendment of application.
38. Withdrawal of acceptance by the Registrar.
Advertisement of Application
39. Manner of Advertisement.
40. Notification of correction or amendment of application.
41. Request to Registrar for particulars of advertisement of a trademark.
Opposition to Registration
42. Notice of Opposition.
43. Requirements of Notice of Opposition
44. Counterstatement
45. Evidence in support of opposition.
46. Evidence in support of application.
47. Evidence in reply by opponent.
48. Further evidence.
49. Translation of documents.
50. Hearing and decision
51. Security for costs.
THE TRADE MARKS Rule, 2017
CHAPTER VII
RECTIFICATION AND CORRECTION OF REGISTER ALTERATION
OR RECTIFICATION OF REGISTER
Rules
97. Application to rectify or remove a trademark from the register.
98. Further procedure.
99. Intervention by third parties.
100. Rectification of the register by the Registrar of his own motion.
Alteration or Correction in Register
101. Alteration of address in register.
102. Alteration of registered trademark.
103. Advertisement before decision and opposition etc.
104. Decision, Advertisement, Notification.
Re-classification of Goods in Respect of Existing Registration
105. Re-classification in respect of existing registration.
CHAPTER VIII
MISCELLANEOUS
106. Refusal or invalidation of registration of a trademark conflicting with a
geographical indication.
107. Single application under sub-section (2) of section 18.
108. Divisional Application.
109. Extension of time.
110. Exercise of discretionary power of Registrar.
111. Communication of decision.
112. Amendments and correction of irregularity in procedure.
113. Directions not otherwise prescribed.
114. Opinion of the Registrar under section 115(4).
Hearings
115. Hearings.
Awards of Costs by Registrar
116. Costs in uncontested cases.
117. Exception to rule 116.
118. Scale of costs.
Review of Decisions of the Registrar
119. Application for review of Registrar's decision.
Affidavit
120. Form, etc; of Affidavits.
Inspection of Documents by Public
121. Inspection of documents.
Certificates
122. Certified copies of documents.
123. Power of Registrar to notify International Non-proprietary names.
Well-Known Trademarks
124. Determination of Well Known Trademark by Registrar.
Appeal to the Intellectual Property Appellate Board
125. Time for appeal.
126. Service to the Registrar.
Certificate of Validity
127. Certificate of validity to be noted.
Return of Exhibits and Destruction of Records
128. Return of exhibits.
129. Destruction of records.
PART II
SPECIAL PROVISIONS FOR COLLECTIVE TRADEMARKS
130. Rules to apply to collective trademarks.
131. Application for registration and proceedings relating thereto.
132. Case accompanying application.
133. Examination, Hearing, Opposition, Registration, and Renewal.
134. Amendment of regulations relating to collective trademarks and renewal.
135. Removal of collective trademark
THE TRADE MARKS Rule, 2017
PART III
SPECIAL PROVISION FOR CERTIFICATION TRADEMARKS
136. Rules to apply to certification Trademarks
137. Application for registration and proceedings relating thereto.
138. Statement of case accompanying application.
139. Examination, Hearing, Opposition, Registration, and Renewal.
140. Cancellation or variation of registration of certification trademark.
141. Alteration of deposited regulations and consent of the Registrar for
assignment or transmission of certification Trademarks.
PART IV
REGISTRATION OF TRADEMARKS AGENTS
142. Register of Trademarks Agents.
143. Registration of existing registered trademarks agents, code of conduct, etc.
144. Qualifications for registration.
145. Persons debarred from registration.
146. Manner of making application.
147. Application for registration as a trademarks agent.
148. Procedure on application and qualifying requirements.
149. Certificate of registration.
150. Continuance of the name in the register of Trade Marks Agents.
151. Removal of agent's name from the register of Trade Marks agents.
152. Power of Registrar to refuse to deal with certain agents.
153. Restoration of removed names.
154. Alteration in the register of Trademarks Agents.
155. Publication of the register of trademarks agents.
156. Appeal.
Part V
Language of the Trade Marks Registry
157. Language of the Trade Marks Registry.
PART VI
REPEAL
158. Repeal
NICE CLASSIFICATION - 12 Edition, Version 2024
Class 1 Class 20
Chemicals for use in industry, science and photography, as well as in agriculture, horticulture Furniture, mirrors, picture frames; containers, not of metal, for storage or transport; unworked
and forestry; unprocessed artificial resins, unprocessed plastics; fire extinguishing and fire or semi-worked bone, horn, whalebone or mother-of-pearl; shells; meerschaum; yellow amber
prevention compositions; tempering and soldering preparations; substances for tanning animal Class 21
skins and hides; adhesives for use in industry; putties and other paste fillers; compost, manures, Household or kitchen utensils and containers; cookware and tableware, except forks, knives
fertilizers; biological preparations for use in industry and science. and spoons; combs and sponges; brushes, except paintbrushes; brush-making materials; articles
Class 2 for cleaning purposes; unworked or semi-worked glass, except building glass; glassware,
Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; porcelain and earthenware.
colorants, dyes; inks for printing, marking and engraving; raw natural resins; metals in foil and Class 22
powder form for use in painting, decorating, printing and art. Ropes and string; nets; tents and tarpaulins; awnings of textile or synthetic materials; sails;
Class 3 sacks for the transport and storage of materials in bulk; padding, cushioning and stuffing
Non-medicated cosmetics and toiletry preparations; non-medicated dentifrices; perfumery, materials, except of paper, cardboard, rubber or plastics; raw fibrous textile materials and
essential oils; bleaching preparations and other substances for laundry use; cleaning, polishing substitutes therefor.
and abrasive preparations. Class 23
Class 4 Yarns and threads for textile use.
Industrial oils and greases, wax; lubricants; dust absorbing, wetting and binding compositions; Class 24
fuels and illuminants; candles and wicks for lighting. Textiles and substitutes for textiles; household linen; curtains of textile or plastic.
Class 5 Class 25
Pharmaceuticals, medical and veterinary preparations; sanitary preparations for medical Clothing, footwear, headwear.
purposes; dietetic food and substances adapted for medical or veterinary use, food for babies; Class 26
dietary supplements for human beings and animals; plasters, materials for dressings; material Lace, braid and embroidery, and haberdashery ribbons and bows; buttons, hooks and eyes, pins
for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, and needles; artificial flowers; hair decorations; false hair.
herbicides. Class 27
Class 6 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall
Common metals and their alloys, ores; metal materials for building and construction; hangings, not of textile.
transportable buildings of metal; non-electric cables and wires of common metal; small items Class 28
of metal hardware; metal containers for storage or transport; safes. Games, toys and playthings; video game apparatus; gymnastic and sporting articles;
Class 7 decorations for Christmas trees.
Machines, machine tools, power-operated tools; motors and engines, except for land vehicles; Class 29
machine coupling and transmission components, except for land vehicles; agricultural Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and
implements, other than hand-operated hand tools; incubators for eggs; automatic vending vegetables; jellies, jams, compotes; eggs; milk, cheese, butter, yogurt and other milk products;
machines. oils and fats for food.
Class 8 Class 30
Hand tools and implements, hand-operated; cutlery; side arms, except firearms; razors. Coffee, tea, cocoa and substitutes therefor; rice, pasta and noodles; tapioca and sago; flour and
Class 9 preparations made from cereals; bread, pastries and confectionery; chocolate; ice cream,
Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, sorbets and other edible ices; sugar, honey, treacle; yeast, baking powder; salt, seasonings,
optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching spices, preserved herbs; vinegar, sauces and other condiments; ice (frozen water).
apparatus and instruments; apparatus and instruments for conducting, switching, transforming, Class 31
accumulating, regulating or controlling the distribution or use of electricity; apparatus and Raw and unprocessed agricultural, aquacultural, horticultural and forestry products; raw and
instruments for recording, transmitting, reproducing or processing sound, images or data; unprocessed grains and seeds; fresh fruits and vegetables, fresh herbs; natural plants and
recorded and downloadable media, computer software, blank digital or analogue recording and flowers; bulbs, seedlings and seeds for planting; live animals; foodstuffs and
storage media; mechanisms for coin-operated apparatus; cash registers, calculating devices; beverages for animals; malt.
computers and computer peripheral devices; diving suits, divers' masks, ear plugs for divers, Class 32
nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater Beers; non-alcoholic beverages; mineral and aerated waters; fruit beverages and fruit juices;
swimming; fire-extinguishing apparatus. syrups and other preparations for making non-alcoholic beverages.
Class 10 Class 33
Surgical, medical, dental and veterinary apparatus and instruments; artificial limbs, eyes and Alcoholic beverages, except beers; alcoholic preparations for making beverages.
teeth; orthopaedic articles; suture materials; therapeutic and assistive devices adapted for Class 34
persons with disabilities; massage apparatus; apparatus, devices and articles for nursing Tobacco and tobacco substitutes; cigarettes and cigars; electronic cigarettes and oral vaporizers
infants; sexual activity apparatus, devices and articles. for smokers; smokers' articles; matches.
Class 11 Class 35
Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, Advertising; business management, organization and administration; office functions.
ventilating, water supply and sanitary purposes. Class 36
Class 12 Financial, monetary and banking services; insurance services; real estate services.
Vehicles; apparatus for locomotion by land, air or water Class 36
Class 13 Financial, monetary and banking services; insurance services; real estate services.
Firearms; ammunition and projectiles; explosives; fireworks. Class 37
Class 14 Construction services; installation and repair services; mining extraction, oil and gas drilling.
Precious metals and their alloys; jewellery, precious and semi-precious stones; horological and Class 38
chronometric instruments. Telecommunications services.
Class 15 Class 39
Musical instruments; music stands and stands for musical instruments; conductors' batons. Transport; packaging and storage of goods; travel arrangement.
Class 16 Class 40
Paper and cardboard; printed matter; bookbinding material; photographs; stationery and office Treatment of materials; recycling of waste and trash; air purification and treatment of water;
requisites, except furniture; adhesives for stationery or household purposes; drawing materials printing services; food and drink preservation.
and materials for artists; paintbrushes; instructional and teaching materials; plastic sheets, films Class 41
and bags for wrapping and packaging; printers' type, printing blocks. Education; providing of training; entertainment; sporting and cultural activities.
Class 17 Class 42
Unprocessed and semi-processed rubber, gutta-percha, gum, asbestos, mica and substitutes for Scientific and technological services and research and design relating thereto; industrial
all these materials; plastics and resins in extruded form for use in manufacture; packing, analysis, industrial research and industrial design services; quality control and authentication
stopping and insulating materials; flexible pipes, tubes and hoses, not of metal. services; design and development of computer hardware and software.
Class 18 Class 43
Leather and imitations of leather; animal skins and hides; luggage and carrying bags; umbrellas Services for providing food and drink; temporary accommodation.
and parasols; walking sticks; whips, harness and saddlery; collars, leashes and clothing for Class 44
animals Medical services; veterinary services; hygienic and beauty care for human beings or animals;
Class 19 agriculture, aquaculture, horticulture and forestry services.
Materials, not of metal, for building and construction; rigid pipes, not of metal, for building; Class 45
asphalt, pitch, tar and bitumen; transportable buildings, not of metal; monuments, not of metal. Legal services; security services for the physical protection of tangible property and
individuals; dating services, online social networking services; funerary services; babysitting.
Vienna Classification (9th Edition) – Table of Categories and Divisions