Sections 149 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.
Section 149 requires the Central Government to place an annual report on the execution of the Act before both Houses of Parliament. Section 150 is the one that matters to every applicant: fees and surcharge are as prescribed by the Central Government, the Registrar does not act until a fee payable for that act is paid, and a document is deemed not to have been filed until its fee is paid. To file correctly with the right fee, see our trademark registration service.
Section 149: the Central Government must lay a report on the execution of the Act by or under the Registrar before both Houses of Parliament once a year. Section 150: fees and surcharge for applications, international applications, registration and other matters are prescribed by the Central Government; the Registrar will not do an act until the fee for it is paid, and a document is deemed not filed until its fee is paid. The Act states no amount.
Section 149: reports to be placed before Parliament
"The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution by or under the Registrar of this Act."
| Point | What the text says |
|---|---|
| Who places the report | The Central Government |
| Before whom | Both Houses of Parliament |
| How often | Once a year |
| Subject | The execution of the Act by or under the Registrar |
The text does not say what the report must contain, by what date in the year it must be laid, or whether the public may see it before it is laid. It is an accountability provision, not a step in any application.
Section 150: fees and surcharge
Sub-section (1): fees are prescribed
"There shall be paid in respect of applications, international applications and registration and other matters under this Act such fees and surcharge as may be prescribed by the Central Government."
The words "applications, international applications" were substituted for the earlier word "applications" by Act 40 of 2010, section 8, with effect from 8 July 2013 (the date given in the footnote to the section). The reference to "international applications" therefore ties in with the Madrid-related provisions. For that route, see how to file an international trademark application under the Madrid Protocol.
The Act sets no amount. Fees and any surcharge are in the Trade Marks Rules, 2017 and in later amending notifications; check the official fee schedule when you file. This article states no fee amount.
Sub-section (2): no act until the fee is paid
"Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid."
Sub-section (3): no filing until the fee is paid
"Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the registry until the fee has been paid."
| Situation | Result under section 150 |
|---|---|
| A fee is payable for an act of the Registrar and has not been paid | The Registrar shall not do the act |
| A fee is payable for filing a document and has not been paid | The document is deemed not filed |
| Fee paid | The act may be done; the document counts as filed from payment |
The effect of sub-section (3) is that the date of "filing" for a fee-bearing document is the date the fee is paid. That matters wherever a time limit is counted from filing, such as a reply, a renewal or a notice of opposition. The text speaks only of "deemed not to have been filed until the fee has been paid"; it does not say anything about refunds or short-paid fees.
Example. Nair Brew files a notice of opposition on the last day of the opposition period but the correct fee is not paid that day. Under section 150(3) the document is deemed not filed until the fee is paid, so a later payment may fall outside the period. The Act does not say more; the deadline provisions and the Rules govern. To understand the opposition period, read publication in the Trade Marks Journal and the opposition period.
How section 150 affects renewals and objections
Where a prescribed fee goes with a renewal, response or other filing, the timing of payment is part of the filing. A late fee may also attract a surcharge if the rules provide one; the Act only says "fees and surcharge as may be prescribed". See trademark renewal: process, fees and late restoration for how renewal timing works in practice.
Practical points
- Pay the fee and file together; do not treat payment as a later formality.
- Check the current fee schedule and any surcharge before filing, because the Act leaves amounts to the Central Government.
- Keep proof of payment with the filing.
- For every deadline-sensitive filing, count from the date the fee is paid, not from the date you started the form.
Need help getting filings and fees right?
A filing that lacks its fee is treated as not filed, which can cost you a deadline. Our trademark registration team checks the prescribed fee and files with proof of payment, so the date of filing is clear.
Key takeaways
- The Central Government must place a report on the Registrar's execution of the Act before both Houses of Parliament once a year.
- Fees and surcharge for applications, international applications, registration and other matters are as prescribed by the Central Government.
- The Registrar does not do an act until the fee payable for it is paid.
- A document with a fee payable is deemed not filed until the fee is paid.
- The Act states no amount; see the Trade Marks Rules, 2017.
Read next
- Sections 147–148: indexes and documents open to public inspection
- Sections 151–153: savings, declarations of ownership and Government bound
- Trademark registration fees and government charges
- Trademark renewal: process, fees and late restoration
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.