Rule 10 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.
Rule 10 is the fee rule of the Trade Marks Rules, 2017. It says that fees are those in the First Schedule, that every form or request must come with its fee, how fees may be paid, and what happens when a fee is missing or short: the document is "deemed not to have been filed". If you file a trademark registration application or any later request, this rule decides whether your paper counts at all.
Fees for applications, oppositions, registration, renewal, expedited processing and other matters are those specified in the First Schedule (rule 10(1)). A form or request must be accompanied by the prescribed fee (rule 10(2)). Payment may be electronic, in cash, by money order, bank draft or banker's cheque. A document filed without fee or with insufficient fee is deemed not filed (rule 10(5)).
Sub-rule (1): where the fee amounts are
Rule 10(1) says the fees "to be paid in respect of applications, oppositions, registration, renewal, expedited processing of application or any other matters under the Act and the rules shall be those as specified in the First Schedule." The statutory basis for fees is in sections 149 and 150 of the Act. The First Schedule prints 23 entries with two amount columns, one for physical filing and one for e-filing, and separate amounts for an individual, startup or small enterprise on some entries. A few examples, taken from the Schedule as notified in 2017 (check the current Schedule before paying):
| Entry | Head | Physical | E-filing |
|---|---|---|---|
| 1 | Application for registration (TM-A), individual / startup / small enterprise, per class per mark | Rs 5,000 | Rs 4,500 |
| 1 | Application for registration, all other cases, per class per mark | Rs 10,000 | Rs 9,000 |
| 2 | Notice of opposition or counterstatement, per class | Rs 3,000 | Rs 2,700 |
| 3 | Renewal of registration (TM-R), per class | Rs 10,000 | Rs 9,000 |
| 11 | Request for search and certificate under rule 22(1) (TM-C) | Rs 10,000 | Rs 9,000 |
The full set is covered in our article on the First Schedule. For a broader practical view, see trademark registration fees and government charges, and check any figure there against the current Schedule.
Sub-rule (2): form and fee go together
Rule 10(2) says: "Where in respect of any matter, a fee is required to be paid under the rules, the form or the application or the request of the petition thereof, it shall be accompanied by the prescribed fee." The drafting is awkward ("the request of the petition thereof"), but the meaning is plain: if the Schedule attaches a fee to the matter, the paper and the fee go in together. Rule 11(2) repeats the point for Forms.
Sub-rule (3): how fees may be paid
Rule 10(3) lists the modes:
- electronically;
- in cash;
- by money order addressed to the Registrar; or
- by a bank draft, or a banker's cheque drawn on a scheduled bank at the place where the appropriate office is situated.
If sent through post, the payment "shall be deemed to have been paid at the time when the money order or the properly addressed bank draft or banker's cheque is received in the office". So the date of payment by post is the date of receipt at the office, not the date of posting.
Sub-rule (4): drafts and cheques
Bank drafts and banker's cheques "shall be crossed and made payable to the Registrar at the appropriate office of the Trade Marks Registry and they shall be drawn on a scheduled bank at the place where the appropriate office of the Trade Marks Registry is situate." Three conditions, therefore: crossed, payable to the Registrar at the appropriate office, and drawn on a scheduled bank at that place. The text does not say what happens to an instrument that fails one of these tests, but sub-rule (5) is the likely consequence if the result is that the fee is not validly paid. We flag that as our reading, not text.
Sub-rule (5): no fee or short fee
"Where a fee is payable in respect of filing of a document and where the document is filed without fee or with insufficient fee, such document shall be deemed not to have been filed for the purposes of any proceedings under these rules."
This is the harshest line in the rule. Practical results:
- A document that is "deemed not to have been filed" cannot satisfy a deadline. If a period runs from a notice and your response goes in without the fee, the deadline may pass.
- The rule says "for the purposes of any proceedings under these rules", so it is not limited to applications.
- The rule does not provide a grace period for topping up a short fee, though rule 31 on deficiencies opens with the words "Subject to sub-rule (2) of rule 10". So the deficiency route in rule 31 sits beneath rule 10(2). Read it together with rule 10(5) and take advice if you have a short fee.
Example: Sana Pickles files a notice of opposition against another mark covering two classes, but pays the fee for one class only, because entry 2 says the fee is "for each class opposed". The notice is filed for a fee that is short. On the text of rule 10(5), the document is deemed not filed to the extent the fee is insufficient, and four-month time under rule 42 keeps running. The text does not state whether the opposition is treated as filed for the paid class; check the Registry's practice.
Practical checklist
- Identify the First Schedule entry for the matter and the category of the applicant.
- Check whether you file physically or electronically, because the columns differ. Entries 12, 17, 18 and 23 allow only e-filing, as notified in 2017.
- Count the classes: many entries are "for each class" or "for each mark".
- If paying by instrument, cross it, make it payable to the Registrar at the appropriate office, and draw it at that place.
- Keep proof of payment with the filing.
Version note
This is the position under the Rules as notified on 6 March 2017. Fee amounts and modes of payment may have been changed since; check the current Schedule and rule.
Need help with paying the right fee?
A short fee can make a filing worthless, and the Schedule has many heads. A trademark registration professional can identify the entry, the category and the number of classes before anything is filed.
Key takeaways
- Fee amounts are in the First Schedule, not in rule 10 itself.
- A fee must accompany every form or request that attracts one.
- Payment modes: electronic, cash, money order, bank draft, banker's cheque.
- Drafts and cheques must be crossed, payable to the Registrar and drawn on a scheduled bank at the place of the appropriate office.
- A document filed without fee or with insufficient fee is deemed not filed.
Read next
- Rule 11: forms and electronic filing
- Rules 8–9: leaving of documents and issue of notices
- Rules 31–32: deficiencies and acknowledgement of the application
- Trademark registration fees and government charges
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.