The Trade Marks Rules, 2017 came with a revamped e-filing platform the Registry calls “Online Filing Version 3.0.” Here’s a hands-on tour of what changed for new applications — and the glitches to watch.
The system, and the login
The 2017 Rules kept the draft’s crux — fewer forms, more digital, higher fees, expedited processing, well-known marks on the register. This is about the filing system itself. Even the login changed: three wrong passwords now lock you out (previously you could keep guessing), unlockable only via digital signature.
Eight alphabetic forms
The old ~75 forms became 8, now alphabetic by classification:
- TM-A — all applications;
- TM-M — miscellaneous;
- TM-R — renewal/restoration;
- TM-C — certificate and search;
- TM-O — oppositions;
- TM-P — post-registration changes;
- TM-U — registered users; and
- TM-G — registration of trademark agents.
TM-A: filing new applications
Whether single-class, multi-class, with/without priority, standard, collective, certification or series — you use TM-A and select the type. Key points and quirks:
- Choose the entity type first, as the fee depends on it. (A glitch: the system sometimes carries over the previous applicant’s fee — prepare an individual application after a company one and it may charge ₹9,000. Workaround: sign out and back in to reset the category.)
- Adding applicants is easier — on the same page, no separate proprietor codes.
- Email is mandatory for each applicant — tying into service-by-email, so examination reports and notices go there.
- Sound marks can be filed by uploading an MP3 (far better than filing musical notation and hoping infringers and courts can read music) — file under 5 MB.
- Power of attorney is now mandatory at filing (previously deferrable). With examination sometimes done within a couple of weeks, have documents ready to avoid compliance objections.
- Trademark description field — useful for text-less, purely visual marks; currently not mandatory, so watch for it.
- Undertaking — a new attestation that the information provided is true.
TM-M: well-known applications
TM-M covers everything from amendments to interlocutory petitions — and the notable newcomer, the well-known trademark inclusion. For filing, you must specify an existing application number (registered or pending): you can’t file a new application as a well-known mark; an existing one must be included. Add the applicant and mark details, and upload a statement of case with reasons.
The verdict
The system has come a long way — a few glitches and some atrocious spellings (“cancell”, “conset”, “inclution”, “subsequnet”) aside, it’s simple and easy to use. In 2011, filing a simple application could take half a day; now you can try every combination and discard drafts in hours. With email notifications, video-conference hearings and the rest, the government has genuinely delivered on Digital India.
The takeaways
- 8 alphabetic forms — TM-A for all applications, and friends.
- Email and power of attorney are mandatory at filing — have documents ready.
- Sound marks upload as MP3 (under 5 MB) — no more musical notation guesswork.
- Watch the fee-carryover glitch — reset the applicant category by signing out/in.
Frequently asked questions
Which form do I use to file a new trademark application? Form TM-A, selecting the application type (single/multi-class, priority, collective, certification, series).
Is a power of attorney required at the time of filing now? Yes — under Version 3.0 the power of attorney must be submitted at filing, not deferred to later.
How do I file a sound mark online? By uploading an MP3 file under 5 MB via Form TM-A, alongside the required notation.
Why is my application showing the wrong fee? A known glitch carries over the previous applicant’s category; sign out and back in, then re-select the correct entity type.
Useful official resources
- Trade Marks Registry — IP India
- The Trade Marks Act, 1999