Form TM-A 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.
An application to register a trademark is made in Form TM-A under rule 23 of the Trade Marks Rules, 2017. Older articles, including the earlier title of this page, call it Form TM-1, which is a form number from the Trade Marks Rules, 2002. Those Rules were repealed by rule 158 of the 2017 Rules, and no TM-1 appears in the Second Schedule. If you are planning a filing, our trademark registration team can prepare the application against the current form.
The application for registration of a trademark, collective mark, certification mark or series of marks is made in Form TM-A and signed by the applicant or his agent (rule 23(1)). The fee is charged for each class under entry 1 of the First Schedule. A statement of user is required unless the mark is proposed to be used (rule 25). If the Registrar sends a deficiency notice, you have one month to remedy it (rule 31).
What the old number TM-1 meant, and why it no longer applies
The 2002 Rules had a numbered form for each kind of request. The 2017 Rules replaced that scheme with eight forms, TM-A, TM-M, TM-R, TM-C, TM-O, TM-P, TM-U and TM-G, listed in the Second Schedule. Form TM-A covers applications under sections 15, 18, 63 and 71 and 154(2) of the Act, as the Schedule's column of sections shows. If a document, portal screen or older blog post asks for "TM-1", read it as Form TM-A for the registration application.
Who files and under which provisions
| Point | What the Rules print |
|---|---|
| Form | TM-A (rule 23(1); Second Schedule) |
| Signed by | The applicant or his agent (rule 23(1)) |
| Covers | A trademark under section 18(1) or 18(2), a collective mark under section 63(1), a certification mark under section 71(1), a series of marks under section 15(3) |
| Fee | First Schedule, entry 1, for each class and for each mark |
| Statement of user | Rule 25(1), unless the mark is proposed to be used |
| Affidavit of use | Rule 25(2), if use before the application date is claimed |
The Act section behind the form is explained in section 18: application for registration, and the rule itself in rule 23: form and signing of application.
What the application must contain
Rule 23(2) says the application must describe the mark in words where needed to determine the applicant's right, and must be able to depict the graphical representation of the mark. A three-dimensional mark or a combination of colours is treated as such only if the application says so. Rule 26 asks for a clear and legible representation not exceeding 8 cm x 8 cm, and sets different requirements for three-dimensional marks, shapes, sounds and colour combinations. Where the mark has words in a script other than Hindi or English, rule 28 requires an exact transliteration and translation. If a living person's name or picture appears, the Registrar may ask for that person's written consent (rule 29).
Goods and services must be named as far as possible as they appear in the classification the Registrar publishes under rule 20, which follows the Nice Classification. The Registrar may refuse a claim to all goods in a class unless the claim is justified by the use made or intended (rule 23(5)).
Fee as notified in 2017
Entry 1 of the First Schedule prints the fee for each class and for each mark, with a lower amount where the applicant is an individual, a startup or a small enterprise.
| Applicant | Physical filing | E-filing |
|---|---|---|
| Individual / startup / small enterprise | Rs. 5,000 | Rs. 4,500 |
| All other cases | Rs. 10,000 | Rs. 9,000 |
These are the amounts as notified in 2017; check the current Schedule before filing. Under rule 10(5), a document filed without the fee, or with an insufficient fee, is deemed not filed. See rule 10: fees and mode of payment and the First Schedule article.
Convention priority
If priority is claimed from an earlier application in a convention country under section 154, rule 24 asks for the certificate of the competent Trade Marks Office with the application, or within two months of it. See rules 24 and 25.
After filing: acknowledgement, deficiencies and examination
Rule 32 says every application is acknowledged by a system-generated electronic receipt or one sent to the e-mail address given. If the application does not meet a requirement of the Act or Rules, rule 31 says the Registrar sends a notice, and if the applicant fails to remedy the deficiency within one month of the date of the notice, the application is treated as abandoned. See rules 31 and 32.
The Registrar then examines the application and searches earlier marks (rule 33(1)). Objections go to the applicant as an examination report, and the applicant has one month from receipt of the report to respond (rule 33(4)). The reply and any hearing are covered in rule 33. An accepted application is advertised in the Journal (rule 33(3)), and opposition can be filed within four months of the Journal publication (rule 42(1)).
Common mistakes
- Using the form name "TM-1" in a client letter or engagement note and then looking for it on the portal.
- Filing one application for several unrelated marks. Rule 23(4) allows one mark per application, except a series.
- Claiming use since a date without evidence. Rule 25(2) requires an affidavit and supporting documents.
- Not tracking the one-month periods in rules 31 and 33.
Need help with a trademark application?
Choosing the classes and writing the specification decide the scope of protection. Our trademark registration service covers the search, the Form TM-A filing and the follow-up on any deficiency notice or examination report.
Key takeaways
- The registration application is Form TM-A, not TM-1.
- Rule 23(1) requires the application to be signed by the applicant or agent.
- The fee is for each class and each mark; the 2017 amounts are in entry 1 of the First Schedule.
- A deficiency notice and an examination report each carry a one-month period under rules 31 and 33.
- Opposition can be filed within four months of the Journal publication.
Read next
- Rule 23: form and signing of the application
- Rules 31 and 32: deficiencies and acknowledgement
- Rule 33: examination, objection and hearing
- How to file Form TM-A: application for a new trademark
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 on the IP India portal. This article is general information, not legal advice.