Rule 23 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 23 is the core rule on how a trademark application is made. The application goes in Form TM-A, signed by the applicant or his agent. It must describe the mark where needed, show a graphical representation, say so if the mark is three-dimensional or a combination of colours, cover one mark only (unless it is a series), and keep its goods and services within what is justified. Whether you file alone or through an agent, a trademark registration application is judged against this rule first.
An application for registration is made in Form TM-A and signed by the applicant or his agent (rule 23(1)). It must describe the mark in words where necessary, be able to depict a graphical representation, and be treated as a three-dimensional mark or a combination of colours only if the application says so (rule 23(2)). Apart from a series, it covers one trademark only, in as many classes as are applied for (rule 23(4)).
Sub-rule (1): Form TM-A
"An application for the registration of a trademark in respect of specification of goods or services shall be made in TM-A and shall be signed by the applicant or his agent."
The Second Schedule lists TM-A for applications under section 18(1) or 18(2) of the Act, and also for collective marks (section 63(1)), certification marks (section 71(1)) and series marks (section 15(3)). The application rests on section 18 of the Act. The signing rule is in rule 13, and the agent route is in rule 19. As notified in 2017 (check the current Schedule), the fee in entry 1 is Rs 5,000 (physical) or Rs 4,500 (e-filing) for an individual, startup or small enterprise, and Rs 10,000 or Rs 9,000 in all other cases, for each class and each mark.
Sub-rule (2): what the application must contain
| Clause | Requirement |
|---|---|
| (a) | "explain with sufficient precision, a description by words, of the trademark, if necessary, to determine the right of the applicant" |
| (b) | "be able to depict the graphical representation of the trademark" |
| (c) | "be considered as a three dimensional trademark only if the application contains a statement to that effect" |
| (d) | "be considered as a trademark consisting of a combination of colours only if the application contains a statement to that effect" |
Clause (a) makes a verbal description necessary only where it is needed to determine the applicant's right. Clause (b) ties to the definition of "graphical representation" in rule 2(1)(k). Clauses (c) and (d) are traps: if you do not say that your mark is three-dimensional, or a combination of colours, it will not be considered as such. Rule 26 then sets how those marks must be reproduced.
Sub-rule (3): dividing an application
"An amendment to divide an application under proviso to section 22 shall be made in Form TM-M." The relevant fee, as notified in 2017, is entry 14 (division of an application), Rs 2,000 or Rs 1,800; check the current Schedule. This is the same "divisional application" the definitions in rule 2(1)(h) and (i) deal with.
Sub-rule (4): one mark, many classes
"An application, not being a series trademark shall be in respect of one trademark only, for as many class or classes of goods or services as may be made."
So you cannot put two different logos in one application, but you can cover several classes for one logo. The exception is a series mark, taken up in rule 27.
Sub-rule (5): width of the specification
"In the case of an application for registration in respect of all the goods or services included in a class or of a large variety of goods or services in a class, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the trademark which the applicant has made or intends to make if and when it is registered."
The proviso: "while making an application for registration of a trademarks, the names of goods and services stated in the application shall, as far as may be, correspond to those given in the classification of the goods and services published by the registrar under sub-rule (2) of rule 20."
Read together: claim what you use or plan to use, and use the Registrar's published wording (see rule 20 on classification). The rule does not define "a large variety". The test is whether the Registrar is "satisfied" that the width is justified by actual or intended use.
Sub-rule (6): extra classes found by the Registrar
"Where an applicant files a single application and the Registrar determines that the goods or services applied for fall in class or classes in addition to those applied for, the applicant shall restrict the specification of goods or services to the class or classes already applied for or amend the application to add additional class or classes by filing an application on Form TM-M and by payment of the appropriate fee."
The proviso: "in case all the goods or services fall in a class other than the class specified, the registrar may permit the correction of class by filing the request on Form TM-M."
| Situation | What the applicant does |
|---|---|
| Some goods or services fall in extra classes | Restrict the specification, or add the classes on Form TM-M with the appropriate fee |
| All goods or services fall in a different class | The Registrar may permit correction of class on Form TM-M |
The text says "appropriate fee" and does not name an entry number here. Entry 1's note says its fee is for each class and each mark.
Putting it together: a worked example
Divya Naturals applies for the word mark "Divya Roots" in respect of herbal tea and a retail shop. Its application on Form TM-A is signed by its authorised director with the name in capitals (rule 13). It describes the mark in words, depicts it graphically and does not claim a three-dimensional or colour-combination mark. It claims "all goods in the class" for the tea. Under rule 23(5), the Registrar may refuse to accept the width unless the claim is justified by use or intended use. The Registrar also finds that retail services fall in a further class, so under rule 23(6) Divya must either restrict the specification or add that class on Form TM-M with the fee.
Practical checklist
- Use Form TM-A, signed by the applicant or agent.
- Add a word description only if it helps decide the applicant's right.
- State clearly if the mark is three-dimensional or a combination of colours.
- File one mark per application (except a series).
- Use the Registrar's published goods and services wording.
- Do not claim more than you use or intend to use.
Version note
This article follows the Rules as notified on 6 March 2017. Later amendments to rule 23, Form TM-A or the fees should be checked.
Need help with filing your TM-A?
Small errors in the description, the statement of mark type or the specification can lead to objection. A trademark registration professional can prepare the application so that it meets rule 23 on the first filing.
Key takeaways
- The application is made in Form TM-A and signed by the applicant or his agent.
- A three-dimensional or colour-combination mark is considered as such only if the application says so.
- One application covers one mark (apart from series marks) in as many classes as applied for.
- The Registrar may refuse an over-wide specification unless justified by actual or intended use.
- Extra classes found by the Registrar require restriction or addition on Form TM-M with the appropriate fee.
Read next
- Rule 26: representation of the trademark
- Rules 27–28: series trademarks and transliteration and translation
- Rule 20: classification of goods and services
- 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. This article is general information, not legal advice; check the official text before acting.