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.
Form TM-A is the application for registration of a trademark under section 18 of the Trade Marks Act, 1999 and rule 23 of the Trade Marks Rules, 2017. Most problems after filing trace back to decisions made before it: who the applicant is, which office, which class, what the mark looks like and whether use is claimed. If you want those decisions checked first, our trademark registration team prepares the application end to end.
Settle these before you file: the applicant's principal place of business (rule 16), an address for service in India with a valid e-mail (rule 17), the appropriate office (rule 4), the class and wording of goods or services (rules 20 and 23(5)), the representation of the mark (rule 26), any claim of prior use (rule 25), any translation (rule 28) and any consent of a living person (rule 29). The form is signed by the applicant or his agent (rule 23(1)). For the old name "TM-1" and the stages after filing, see Form TM-A, earlier TM-1.
Step 1: Applicant and addresses
Section 18(1) lets a person claiming to be the proprietor of a trademark used or proposed to be used apply for registration. Rule 16(1) requires the application to state the applicant's principal place of business in India, if any; for joint applicants, that of one of them. That place is the address of the applicant.
Rule 17(1) separately requires an address for service in India: a postal address plus a valid e-mail address. A trademark agent must also give a mobile number registered in India. Under rule 17(3), if none is given the Registrar need not send any notice. An e-mail from the Registrar is deemed served when sent (rule 18(2)).
Step 2: The appropriate office
Section 18(3) and rule 4(B) point to the office whose territorial limits include the applicant's principal place of business in India (for joint applicants, of the applicant named first). With no such place in India, it is the office covering the address for service in India. Rule 5 says a later change of either address does not alter that office's jurisdiction. See rules 3 and 4.
Step 3: Class and specification
Rule 20(1) classifies goods and services under the current Nice Classification, and the proviso to rule 23(5) says the names in your application should, as far as may be, correspond to the classification the Registrar publishes. If you claim all goods in a class, or a large variety, the Registrar may refuse to accept the application unless the specification is justified by the use you have made or intend to make (rule 23(5)).
One application may cover several classes, with the fee payable for each (section 18(2)), but rule 23(4) allows one trademark per application unless it is a series. If the Registrar finds that goods fall in extra classes, you restrict the specification or add the classes by Form TM-M with the appropriate fee (rule 23(6)). See the 45 Nice classes.
Step 4: The representation of the mark
Rule 26(1) requires a clear and legible representation not exceeding 8 cm x 8 cm. Under rule 23(2) the application must be able to depict the graphical representation, and a mark is treated as three-dimensional, or as a combination of colours, only if the application says so.
| Kind of mark | What the rules print |
|---|---|
| Combination of colours | Reproduction in that combination of colours (26(2)) |
| Three-dimensional | Three different views; up to five further views and a description may be called for within two months, then a specimen (26(3)) |
| Shape of goods or packaging | At least five different views and a description (26(4)) |
| Sound | MP3 not exceeding thirty seconds, with graphical notation (26(5)) |
| Series | A representation of each mark, as in rule 26 (27(1)) |
The Registrar may require another representation at any time (rule 26(6)). On choosing between a logo and words, see logo trademark vs word mark.
Step 5: The claim of use
Rule 25(1) requires a statement of the period during which, and the person by whom, the mark has been used for all the goods or services, unless the mark is proposed to be used. If you claim use before the application date, rule 25(2) requires an affidavit testifying to it, with supporting documents. Gather proof first; see documents required for trademark registration.
Step 6: Scripts, names and signing
Words or numbers in a script other than Hindi or English need a precise transliteration and translation in English or Hindi, with the language stated (rule 28). Where a person's name or representation appears, the Registrar may require written consent of that person, or of the legal representative if death was within twenty years before the application date; without it the Registrar may refuse to proceed (rule 29).
The application is signed by the applicant or his agent (rule 23(1)). An agent's authorisation is executed in Form TM-M (rule 19(1)). If the agent withdraws and the application gives no principal place of business in India, an address for service must be provided within two months or the application is deemed abandoned (rule 19(4)).
Fee and checklist
The fee is entry 1 of the First Schedule, for each class and each mark, with a lower amount for an individual, startup or small enterprise; the amounts are in the TM-1 post above, and you should check the current Schedule. A document filed without fee or with insufficient fee is deemed not filed (rule 10(5)).
| Check before filing | Rule |
|---|---|
| Principal place of business; address and e-mail for service | 16(1), 17(1) |
| Correct office | s.18(3); 4 |
| One mark; wording follows the published list | 23(4), 23(5) |
| Image within 8 cm x 8 cm, extra views if needed | 26 |
| Statement of user; affidavit and documents for earlier use | 25(1), 25(2) |
| Translation of non-Hindi, non-English words | 28 |
| Consent where a person is named or shown | 29 |
| Signature; Form TM-M for an agent | 23(1), 19(1) |
| Fee for each class | Entry 1; 10(5) |
Common mistakes
- Giving a postal address but no valid e-mail for service (rule 17(1)).
- Claiming a whole class (rule 23(5)) or use without an affidavit (rule 25(2)).
- Missing a deficiency notice: rule 31 treats the application as abandoned if not remedied within one month of the notice. See common mistakes in trademark filing.
Need help preparing the application?
The class, wording and claim of use fix the scope of what you can later enforce. Our trademark registration service handles the search, the specification and the Form TM-A filing, and the replies that follow.
Key takeaways
- Form TM-A is signed by the applicant or his agent (rule 23(1)).
- An address for service in India needs a postal address and a valid e-mail (rule 17(1)).
- A claim to a whole class may be refused unless justified (rule 23(5)).
- The image of the mark must not exceed 8 cm x 8 cm (rule 26(1)).
- Use before filing needs an affidavit and documents (rule 25(2)).
Read next
- Rule 23: form and signing of the application
- Rule 26: representation of the trademark
- Rules 24 and 25: convention application and statement of user
- Section 18: application for registration
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, and the Trade Marks Act, 1999, as consulted on 2 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.