Form TM-U 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 application to register a person as a registered user of a registered trademark is made in Form TM-U under rule 86 of the Trade Marks Rules, 2017. This page was earlier titled "Form TM-16", a number that does not appear in the 2017 Rules; the Second Schedule lists TM-U for registered-user matters. If you are licensing a registered mark and want the licensee recorded, our trademark assignment and transfer team can handle the joint filing.
The application under section 49 is made jointly by the proposed registered user and the registered proprietor in Form TM-U (rule 86(1)). It must be filed within six months from the date of the agreement between them (rule 86(3)). The fee is under entry 10 of the First Schedule, for each mark. Variation and cancellation of an entry also use Form TM-U (rules 92 and 93), and an intervening party gives notice in TM-U within one month (rule 95(2)).
The old number and the current form
In the Second Schedule, Form TM-U is the form for: an application for recordal of registered users, a request for amendment in the details of a registered user, an application for cancellation or variation of a registered user, and an application to intervene in the proceedings by a third party. It cites sections 49 and 50 of the Act and rule 95. A request to change a registered user's name or address is a different matter and goes in Form TM-P (rule 96), covered below.
Who files and when
| Step | Who | Form | Time limit printed in the Rules |
|---|---|---|---|
| Application to register a registered user | Proposed registered user and registered proprietor, jointly | TM-U | Within six months from the date of the agreement referred to in section 49(1)(a) (rule 86(3)) |
| Application to vary an entry | Registered proprietor | TM-U, with the user's written consent if given (rule 92) | None stated in the rule |
| Application to cancel on grounds in section 50(1)(b) to (d) | As the section permits | TM-U (rule 93(1)) | None stated in the rule |
| Notice of intention to intervene | Any notified proprietor or registered user | TM-U (rule 95(2)) | Within one month of receipt of the notification |
| Registered user's own application under section 58(2) | Registered user or authorised person | TM-P (rule 96) | None stated in the rule |
Section 49 and the agreement requirements are explained in section 49: registration as registered user, and the basic scheme in section 48.
What must accompany Form TM-U
Rule 86(1) says the application must be accompanied by the documents, evidence and details required by section 49(1). Rule 86(2) adds that the proprietor and the proposed user must file any other documents and give any other information the Registrar asks for. Where the same proprietor and the same proposed user make more than one application for marks covered by one agreement, rule 86(4) allows the documents to be filed with any one application, with a cross reference in the others.
Fee as notified in 2017
Entry 10 of the First Schedule covers an application under section 49, an application to vary under section 50(1)(a), an application to cancel under section 50(1)(b), (c) or (d), and a notice of intervention under rule 95(2). The note says the fee applies for each mark.
| Mode | Fee as notified in 2017 |
|---|---|
| Physical filing | Rs. 5,000 |
| E-filing | Rs. 4,500 |
These are the amounts as notified in 2017; check the current Schedule. Rule 10(5) says a document filed without fee or with insufficient fee is deemed not filed.
What the Registrar does next
Under rule 87, if the Registrar is satisfied that the application and documents comply with the Act and Rules, the proposed user is registered for the goods or services for which he is satisfied. Under rule 88, the Registrar may refuse the application or accept it with conditions, but only after giving the parties a hearing, and the order is communicated in writing. On acceptance, rule 89 says the user is registered and the entry is published in the Journal. The date of the application is deemed the date of registration as registered user (rule 89(2)).
Rule 91 requires written communication of the registration to the proprietor, the user and every other registered user of the same mark, and an insertion in the Journal within three months of the entry. Rule 90 says registration as a registered user does not imply approval of any agreement term about sending money outside India. The articles on rules 86 to 88 and rules 89 to 91 go through these steps.
Variation and cancellation
A registered proprietor who wants an entry varied under section 50(1)(a) files Form TM-U and, if the user consents, a copy of the written consent (rule 92). Cancellation applications under section 50(1)(b) to (d) are also made in Form TM-U (rule 93(1)). The Registrar notifies the proprietor and each registered user, who may intervene within one month in Form TM-U with a statement of the grounds (rule 95(2)). See rules 92 to 94 and rules 95 and 96.
Common mistakes
- Filing the application only in the licensee's name. Rule 86(1) requires a joint application.
- Missing the six-month window from the date of the agreement.
- Filing a change of the user's address in Form TM-U. Rule 96 puts that under TM-P.
- Drafting the licence without the terms section 49 asks for. See our licence agreement guide.
Need help with a registered user application?
Getting the licence terms, the joint application and the evidence aligned is where most delays arise. Our trademark assignment and transfer service can review the agreement against section 49 and file Form TM-U.
Key takeaways
- The registered-user form under the 2017 Rules is TM-U; TM-16 is not in the Second Schedule.
- The application is joint and must be filed within six months of the agreement.
- Entry 10 of the First Schedule sets the fee, for each mark.
- Variation, cancellation and intervention also use TM-U; a change of a user's details uses TM-P.
- The Registrar must hear the parties before refusing or accepting with conditions.
Read next
- Rules 86 to 88: registered user application and hearing
- Rules 92 to 94: variation and cancellation of registered user
- Section 49: registration as registered user
- Trademark licence agreement: draft template
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.