First Schedule explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The First Schedule is the fee table of the Trade Marks Rules, 2017. It has 23 numbered entries. Each says on what a fee is payable, gives one amount for physical filing and one for e-filing, and, for some entries, names the corresponding form. This article explains how the table is organised and sets out the amounts as notified in 2017. All amounts below are "as notified in 2017; check the current Schedule".
The Schedule is headed "(See Rule 11)" and has five columns: entry number, on what payable, amount for physical filing, amount for e-filing, and the corresponding form number. For the first application (entry 1) there is a lower fee for an individual, startup or small enterprise: Rs 5,000 physical / Rs 4,500 e-filing, against Rs 10,000 / Rs 9,000 in all other cases, per class and per mark. Several entries (12, 17, 18, 23) are "Not allowed" for physical filing, so they can only be e-filed. Where both are allowed, the e-filing amount is one-tenth lower.
How the Schedule is organised
The Schedule is referred to by rule 11 and by many rules that say a fee is "as mentioned in First Schedule". The rules on how fees are paid, and the consequence of non-payment, are explained in Rule 10; the forms are explained in the article on rule 11 in this series. The Act's own provision on fees is covered in Sections 149–150. If you are budgeting for a filing, our trademark registration team can check which entries apply to it.
The columns are:
| Column | Heading | What it holds |
|---|---|---|
| (1) | Entry No. | Serial number 1 to 23 |
| (2) | On what payable | The application, request or notice for which the fee is payable, often with the section or rule |
| (3) | Amount in INR, for physical filing | The fee if filed on paper; "Not allowed" for some entries |
| (4) | Amount in INR, for e-filing | The fee if filed electronically |
| (5) | Corresponding Form Number | The form, printed against some entries only |
Three features of the layout matter.
- The form column is not complete. Only some entries print a form (TM-A, TM-O, TM-R, TM-P, TM-U, TM-C, TM-M and TM-G). For the others, the Second Schedule's last column gives the First Schedule entry that each form uses; see the article on the Second and Third Schedules in this series.
- Some entries are e-filing only. For entries 12, 17, 18 and 23 the physical filing column says "Not allowed".
- Many entries are per class, per mark or per document. The notes say so. Check each note.
The lower fee category
Entries 1 and 17 have a lower amount for an applicant who is "an Individual / Startup / Small Enterprise". Every other entry has a single rate. The terms "small enterprise" and "startup" are defined in rule 2 and are explained in Rule 2 (definitions). Form TM-A also asks the applicant to choose "Individual / startup / Small Enterprise / others" and says that, for a startup or small enterprise, the requisite certificate should be provided.
The 23 entries, as notified in 2017
Amounts are in Rupees. "PF" is physical filing and "EF" is e-filing. The notes in the Schedule are shown in the last column. Check the current Schedule.
| Entry | On what payable | PF | EF | Form / note |
|---|---|---|---|---|
| 1 | Application for registration of a trademark, collective mark, certification mark or series of trademarks, for goods or services in one or more classes: individual / startup / small enterprise | 5,000 | 4,500 | TM-A. Fee is for each class and each mark |
| 1 | Same, in all other cases | 10,000 | 9,000 | TM-A |
| 2 | Notice of opposition under section 21(1), 64, 66 or 73; application for rectification under sections 47 to 57, 68, 77; application under rule 99, 103, 135 or 140; application under section 25 of the Geographical Indications Act to invalidate a trademark, or a counterstatement | 3,000 | 2,700 | TM-O. Fee is for each class opposed or counterstatement filed |
| 3 | Renewal of registration under section 25, for each class | 10,000 | 9,000 | TM-R |
| 4 | Renewal with surcharge under section 25(3), for each class | 5,000 | 4,500 | Plus renewal fee under entry 3 |
| 5 | Renewal with surcharge, or restoration and renewal, under section 25(3) and 25(4), for each class | 10,000 | 9,000 | Plus renewal fee under entry 3 |
| 6 | Application under section 45 to register a subsequent proprietor, for each trademark | 10,000 | 9,000 | TM-P |
| 7 | Certificate under section 40(2); approval under section 41; direction for advertisement under section 42; add or alter a registered trademark under section 59(1); conversion of specification under section 60, for each trademark | 3,000 | 2,700 | |
| 8 | Extension of time for direction under section 42; extension of time for registering a company under section 46(4); consent to assignment or transmission of a certification mark under section 43; change of name or description of a proprietor or registered user under section 58, for each trademark | 2,000 | 1,800 | |
| 9 | Dissolution of association under section 16(5); change of address or address for service of registered proprietors under section 58; cancellation of an entry or part under section 58, for each trademark | 1,000 | 900 | |
| 10 | Application under section 49 for a registered user; application to vary under section 50(1)(a); cancellation under section 50(1)(b), (c) or (d); notice of intention to intervene under rule 95(2) | 5,000 | 4,500 | TM-U. Fee is for each mark |
| 11 | Request for search and issue of certificate under rule 22(1) | 10,000 | 9,000 | TM-C |
| 12 | Request for expedited search and certificate under rule 22(3) | Not allowed | 30,000 | |
| 13 | Extension of time; certified copy; duplicate registration certificate; inspection of document; particulars of advertisement to the Registrar; grounds of decision; note of certificate of validity under rule 127; amendment in trademark application; particulars of advertisement under rule 41 | 1,000 | 900 | TM-M |
| 14 | Deposit of regulation of a collective mark under section 66, or alteration of regulation of a certification mark under section 74(2); preliminary advice; division of an application | 2,000 | 1,800 | |
| 15 | Review of the Registrar's decision; petition (not otherwise charged) for an interlocutory order in a contesting proceeding; any other matters not covered in other TM forms | 3,000 | 2,700 | |
| 16 | Expedited certificate of the Registrar (other than under section 23(2)) or certified copies under the proviso to rule 122 | 5,000 | 4,500 | Fee is for each registered trademark or each document |
| 17 | Expedited processing of an application under rule 34: individual / startup / small enterprise | Not allowed | 20,000 | Fee is for each class and each mark |
| 17 | Same, in all other cases | Not allowed | 40,000 | |
| 18 | Request to include a trademark in the list of well-known trademarks | Not allowed | 1,00,000 | Fee is for one mark only |
| 19 | Registration of a person as a trademarks agent under rules 147 and 149 | 5,000 | 4,500 | TM-G |
| 20 | Continuance of the name in the Register of Trademarks Agents under rule 150, for every five years, to be paid on or before the 1st day of the succeeding financial year | 10,000 | 9,000 | |
| 21 | Restoration of the name in the Register of agents under rule 153 within 3 years from removal | 5,000 | 4,500 | Plus continuation fee under entry 20 |
| 22 | Alteration of any entry in the Register of Trademarks Agents under rule 154 | 1,000 | 900 | |
| 23 | Handling fee for certification and transmission of an international application to the International Bureau (with MM2(E)) | Not allowed | 5,000 |
Drafting points on the table: in the Schedule's printing, only entries 1, 2, 3, 6, 10, 11, 13 and 19 print a form in column (5); the Second Schedule links the other entries to the forms. Entries 4 and 5 are expressed as "plus renewal fee applicable under entry 3", so the surcharge or restoration fee is in addition to the renewal fee itself. Rule 117 refers to "entries, 10 and 11 of the First Schedule" for fees that follow the event; in this Schedule those are the registered user and search entries, which seems an inherited reference (see the article on Rules 116–118).
Reading the table in practice
A new application. Entry 1 is per class and per mark. A mark filed in three classes by an ordinary company on paper would, on the 2017 figures, attract three times Rs 10,000. If the same applicant is an individual, startup or small enterprise, the figure for each class is Rs 5,000. E-filing reduces each by one-tenth (Rs 4,500 or Rs 9,000).
Opposition and counterstatement. Entry 2 is one fee that applies both to a notice of opposition and to a counterstatement, for each class. It also covers rectification applications and the applications under rules 99, 103, 135 and 140.
Renewal. Entry 3 is for each class. Entries 4 and 5 add a surcharge or restoration fee on top of the entry 3 fee.
Forms in Form TM-M. Entry 13 lists a group of requests (extension of time, certified copies, inspection and others) at one rate.
An invented example: Orchard Beverages (an ordinary company) files a TM-A for ORCHARD FIZZ in Classes 32 and 33 online. On the 2017 figures, entry 1 applies at Rs 9,000 for each class, so Rs 18,000 in total. Later it wants an expedited examination under rule 34; entry 17 (other cases) is e-filing only, at Rs 40,000 for each class and each mark (as notified in 2017; check the current Schedule).
Limits of this article
Fee figures change by amendment. The Rules as notified on 6 March 2017 are the only source read for this article, so later amendments and the current fee table must be checked before paying. The Schedule does not itself say how the payment is made; rule 10 deals with that.
Need help budgeting a filing?
Fees depend on the number of classes, the route (paper or e-filing) and the applicant's category. TaxClue's trademark registration practice can map your filing to the right entries and check the current fee table before the form is filed.
Key takeaways
- The First Schedule has 23 entries with columns for physical filing, e-filing and the corresponding form.
- Entry 1 gives a lower rate for an individual, startup or small enterprise: Rs 5,000 / Rs 4,500 against Rs 10,000 / Rs 9,000, per class and per mark (as notified in 2017; check the current Schedule).
- Not allowed for physical filing: entries 12, 17, 18 and 23, which are e-filing only.
- E-filing amounts are one-tenth lower where both are shown.
- Entries 4, 5 and 21 are in addition to another entry's fee.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rule 10: Fees and mode of payment
- Forms under the Second and Third Schedules: TM-A, TM-O, TM-R and the Registrar's forms
- Rules 116–118: Costs in uncontested cases, exception and scale of costs
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.
