India: Types of Applications in India

Last Updated: 12 March 2018
Practice Guide by S.S. Rana & Co. Advocates

Types of Applications In India

Section 18 of the Trade mark Act, 1999 provides for application for registration of Trade marks in India and enunciates that for registration of Trade mark, application is to be made to the Registrar and a single application can be made for registration of a Trade mark for different classes of goods and services by paying prescribed fee for each such class of goods and services.

Type of Application

Application Form filed

Other conditions

Ordinary Trade mark Application


Can be filed for one Trade mark in one class

Multiclass Trade mark Application


Can be one Trade mark in more than one class

Convention/Priority Trade mark Application (claiming priority from a convention country)

TM-2 (for single class)

TM-52 (for multiclass)

Can be filed in India within 6 months from the date of filing in the convention country

Series Application


Can file more than one Trade mark (with no substantial difference) in one application

Certification Marks


Basic application to be supported with other relevant forms

Collective mark


Basic application to be supported with other relevant forms

Trade mark applications in India can be filed under the following categories:

Ordinary Trade mark Application - An ordinary Trade mark application refers to an application filed for a single class of goods or services. An ordinary application can be made on FORM TM- 1 along with the prescribed fee as mentioned in the Trade mark Rules, 2002.

Eg : Registration no. 526647 for the  NIKE in class 25

        Registration no. 593593for the mark in class 18

Multiclass Trade mark Application - A multiclass Trade mark application refers to an application filed for more than one class of goods or services. A multiclass Trade mark application can be made on FORM TM-51 which provides for filing of single application for different classes of goods or services (other than a certification or a collective Trade mark).

Eg: Application no. 1239477 for the mark in classes 41 and 42

Convention/Priority Trade mark Application (claiming priority from a convention country) - A Convention Trade mark Application refers to an application for registration of a Trade mark claiming priority from a convention country. Section 154 of the Trade mark Act embodies special provisions relating to applications for registration from citizens of convention countries. According to the said statutory provision - where a person has made an application for the registration of Trade mark in a convention country and thereafter makes an application for registration of the said Trade mark in India within six months from the date of application made in the convention country, then the mark if registered shall be registered as of the date on which the application was made in the convention country.

A convention Trade mark application for a single class of goods or services can be made on FORM TM- 2 and for more than one class of goods or services can be made on FORM TM- 52. The Paris Convention for the Protection of Industrial Property, offers national treatment to the applicant residing in the member country of the union, in other words. The Trade mark shall, if registered under the Act, will be registered as of the date as which the application was made in the Convention Country and that date shall be deemed for the purpose of the Act to be the date of registration.

  • Series Application

A series application refers to such application wherein more than one Trade mark which are not substantially distinguishable can be filed in one application. Such application can be filed on payment of requisite fee on FORM TM -8 in case of series application

In this regard, Section 15 (3) (d) of the Indian Act provides that " Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of -

 (a) statement of goods or service in relation to which they are respectively used or proposed to be used; or

(b) statement of number, price, quality or names of place; or

(c)other matter of a non-distinctive character which does not substantially affect the identity of the Trade mark; or

(d) colour,

Eg: Application no. 2561765  for the mark APPY FIZZ MASCOT IN SERIES   in class 32

Application no. 1743402 for the mark by CHIVAS HOLDINGS (IP) LIMITED in class 6.

  • Certification Marks

Section 2(1)(e) defines certification trade mark to mean “a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which is certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name as proprietor of the certification trade mark, of that person”.

Certification Trade marks guarantee that the goods or services that use the mark have been certified by to have been made of a particular material, method of manufacture, quality, accuracy or origin. This can be owned by individuals or a corporate body. Regulation governing the Certification is required to be submitted with the Trade Mark Registry along with the application on Form TM-4 and TM-68 with the Trade Marks Registry.

Eg: Application no. 2322263 for the mark

  • Collective Marks

The Indian Trade marks Act does provide for registration of collective characters. A collective Trade mark is a Trade mark owned by an organization (such as an association) , whose members use it to identify themselves with a level of quality or accuracy, geographical origin, or other characteristics set by the organization. Example the “CA device” used by the institute of Chartered Accountants.

In case of application for registration as collective mark a draft regulation under Section 63 of the Trade Marks Act 1999, governing the use of the collective mark is required to be submitted in triplicate, with the application on form TM-49 which shall include –

a) the name of the association of persons and their respective office addresses;

b) the object of the association

c) the details of members

d) the conditions for membership and relation of each member with the group;

e) the persons authorised to use the mark and the nature of control the applicant exercise over the use of the collective mark

f) the conditions governing use of the collective mark, including sanctions

g) the procedure for dealing with appeals against the use of the collective mark such other relevant particulars as may be called for by the Registrar Section 63.

This document is not intended to create an attorney-client relationship. You should not act or rely on any information in this document without first seeking legal advice. This material is intended for general information purposes only and does not constitute legal advice. If you have any specific questions on any legal matter, you should consult a professional legal services provider.

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