Rule 11 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 11 says that the Forms in the Second and Third Schedules must be used wherever they apply, that a replica of a Form is enough if it carries all the information, that a Form must come with the prescribed fee, and that the Registrar may require certain Forms to be submitted in electronic mode. If you are filing a trademark registration application, the Form you use is Form TM-A, and rule 11 is why that choice matters.
The Forms in the Second and Third Schedules shall be used in all cases to which they are applicable (rule 11(1)). Any Form must be accompanied by the prescribed fee (rule 11(2)). A replica is acceptable if it contains all the information required (rule 11(3)). After informing the public, the Registrar may specify Forms that must be submitted in electronic mode (rule 11(4)).
The Forms are prescribed under the rule-making power in section 157 of the Trade Marks Act, 1999.
Sub-rule (1): use the Form, and the Registrar may modify it
Rule 11(1): "The Forms set forth in the Second and the Third Schedules shall be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases."
Two parts. The first is mandatory: where a Form fits the matter, that Form is the way to make the request. The second gives the Registrar room: a Form "may be modified as directed by the Registrar to meet other cases". The rule does not say how such a direction is given or published.
What the Schedules contain
The definition of "Form" in rule 2(1)(j) refers to the Second or Third Schedule. The two Schedules hold different kinds of Forms.
| Schedule | Used by | Forms |
|---|---|---|
| Second Schedule | Applicants, opponents, proprietors, registered users, agents | TM-A, TM-M, TM-R, TM-C, TM-O, TM-P, TM-U, TM-G |
| Third Schedule ("Forms to be used by the Registrar") | The Registrar | RG-1 (notice of non-completion of registration, section 23(3)), RG-2 (certificate of registration, section 23(2)), RG-3 (notice of expiration of last registration, section 25(3)), RG-4 (certificate of registration of a person as trademarks agent, rule 149) |
Within the Second Schedule, the main uses are:
- TM-A: application for registration of a trademark, collective mark, certification mark or series mark.
- TM-M: a wide set of requests, such as amendment of the application, grounds of decision, certified copy, duplicate certificate, extension of time, review of decision and "any other matters not covered in other TM forms".
- TM-R: renewal, renewal with surcharge, and restoration.
- TM-C: request for a search certificate (rule 22).
- TM-O: notice of opposition, rectification applications and counterstatement.
- TM-P: replacing a subsequent proprietor and several amendments of the register.
- TM-U: registered user matters.
- TM-G: matters of trademark agents.
Our article on the Second and Third Schedules maps each form to its sections, rules and fee entries. The Schedule's own column 4 gives the First Schedule entry for each Form.
Sub-rule (2): fee with the Form
Rule 11(2): "Any Form, when filed at the Trade Marks Registry, shall be accompanied by the prescribed fee." This repeats rule 10(2). The consequence of a missing or short fee is in rule 10(5): the document is deemed not filed. The First Schedule's column 5 names the corresponding Form for entries such as entry 1 (TM-A), entry 2 (TM-O), entry 3 (TM-R), entry 11 (TM-C) and entry 13 (TM-M).
Sub-rule (3): replicas are acceptable
"A requirement under this rule to use a Form as set forth in the Schedule shall be satisfied by the use of a replica of that Form containing all the information required by the Form as set forth and complies with any direction as to the use of such a Form."
So you need not use the printed Gazette page. A replica, such as an e-form or a typed copy of the layout, will do if it contains all the information the Form asks for and follows any direction on its use. The test is completeness, not appearance. A replica that leaves out a heading that asks for information would not satisfy the rule.
Sub-rule (4): electronic mode
"The Registrar may after informing the public in the Journal or through public notice on official website specify such Forms as are required to be submitted in electronic mode. Thereafter, such Forms shall be completed in such manner as may be laid down by the Registrar so as to permit an automated input of the content into a computer by character recognition or scanning."
| Element | Text |
|---|---|
| Who decides | The Registrar |
| Notice | In the Journal or by public notice on the official website |
| Effect | The specified Forms must be submitted in electronic mode |
| Manner | As laid down by the Registrar, to permit automated input by character recognition or scanning |
The First Schedule supports this picture: some entries are marked "Not allowed" in the physical-filing column, as notified in 2017, so a Form for those matters can be filed only electronically. See rule 12(4) and rule 14(5) for the related permissions on electronic filing and the online gateway.
A common slip to avoid
Do not use the number of an older, repealed form. The 2017 Rules name TM-A, TM-M, TM-R and so on. Some older guides on the web still use 2002-era numbers; those do not match these Rules. One sign of such a slip appears in the Rules themselves: the printed text of Form RG-3 still mentions "Form TM-12" in its body, though the Third Schedule's list names RG-3 only as the notice of expiration. We flag the point rather than correct it.
Example: Vihaan Footwear wants to correct a clerical error in a pending application. The matter is an amendment request, which the Second Schedule places under Form TM-M, so Vihaan files TM-M with the fee shown against the relevant entry, not a self-made letter.
Version note
The Forms and fees described are as notified on 6 March 2017. Later amendments may have changed the Forms; check the current Schedules.
Need help with choosing and filing the right Form?
Each trademark matter has its own Form and fee entry. If you want a professional to select, complete and file the right one, our trademark registration team can take it from there.
Key takeaways
- The Forms in the Second and Third Schedules must be used wherever they apply.
- The Registrar may modify a Form to meet other cases.
- A replica containing all the required information is enough.
- The prescribed fee must accompany any Form.
- The Registrar may require certain Forms in electronic mode after public notice.
- The Third Schedule Forms (RG-1 to RG-4) are used by the Registrar, not by applicants.
Read next
- Rule 10: fees and mode of payment
- Rules 12–13: size of documents and signing of documents
- Rule 23: form and signing of the application
- How to file Form TM-A: a new trademark application
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.
