When registering a trademark in India, the form and approach depend on the nature of the mark and the intended protection. The Trade Marks Act, 1999, updated by the 2017 Rules, consolidated different filing processes into a more unified system, yet distinct application types remain based on the trademark’s purpose or structure.
1. Standard (Ordinary) Trademark Application
This is the most familiar route—used for registering a typical brand identifier such as a word, logo, or packaging design. You can file for a:
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Single class application (covering one category of goods or services), or
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Multi-class application (covering multiple categories in one go).
Both are handled via Form TM‑A, with fees charged separately for each class.
2. Collective Mark Application
Reserved for trademarks owned by associations, cooperatives, or group organizations used by their members. A collective mark signifies membership or a specific attribute set by the group. It also uses Form TM‑A, under Section 63 of the Act.
3. Certification Mark Application
This application is for marks that vouch for specific standards—like origin, material, manufacturing methods, or performance. Certification marks are managed by bodies setting these standards and can be used by anyone who complies. These applications too are filed using Form TM‑A, under Section 71.
4. Series Mark Application
A series mark refers to a family of closely related marks that share a core identity but differ in minor, non-distinctive elements (e.g., spelling variations or added figures). For ease, these can be filed as a group under one TM‑A application, provided they meet the identity criteria under Section 15.
5. Convention (Priority) Application
If you’ve already applied for a trademark in another member country of the relevant international convention, you can file an application in India within six months and claim priority from that earlier date. This too is done via Form TM‑A, whether for single or multiple classes.
| Type of Application | When to Use It | Filing Form |
|---|---|---|
| Standard (Single/Multi-class) | For ordinary trademarks like words or logos | TM-A |
| Collective Mark | For marks used by association members | TM-A |
| Certification Mark | For marks certifying quality or origin | TM-A |
| Series Mark | For batches of similar trademarks | TM-A |
| Convention (Priority) | Claiming priority from earlier filings abroad | TM-A |
Why Understanding These Matters
Choosing the correct application type ensures smooth processing and avoids procedural rejection or unnecessary delays. Whether you’re filing a regular mark, a group-based logo, a certification, or submitting priority claims—using the right path strengthens your brand’s legal foundation.
