Nowadays Intellectual Property Rights (IPR), trademarks play an important role in protecting brand identities, makes sure exclusive rights to use, and preventing unauthorized use by third parties. The Indian Trade Marks Act, 1999, governs trademark registration, opposition, rectification, and related proceedings. One of the key procedural tools in the Indian trademark framework is Form TM-P. This article provides an in-depth exploration of TM-P, covering its purpose, applicability, fee structure, process, merits, demerits, and practical examples.
What is TM-P in IPR?
TM-P is a specific form under the Trade Marks Rules, 2017, used in various trademark-related proceedings before the Trade Marks Registry of India. It is a multi-purpose form that allows applicants and third parties to file requests related to the following actions:
- Expedited Examination of a Trademark Application – This is an optional service for applicants who want their trademark examined faster than the standard timeline.
- Correction or Amendment of a Trademark Application – TM-P is used to rectify errors, update applicant details, or make necessary modifications.
- Filing Opposition Against a Trademark – Third parties can oppose a trademark application that they believe conflicts with their existing rights.
- Assignment and Transmission of Trademark Ownership – Used for legal transfers of trademark rights.
- Trademark Renewal and Restoration – Makes sure the continued protection of a registered trademark beyond its expiration period.
Legal Basis for TM-P
TM-P is governed under the following provisions of the Trade Marks Act, 1999:
- Section 18(3) – Provides for expedited examination.
- Section 21 – Allows for opposition proceedings.
- Section 45 – Governs assignment and transmission of trademarks.
- Section 47 – Deals with rectifications of the register.
- Section 57 – Allows for corrections in trademarks.
- Section 25 – Governs renewal of trademarks.
These sections ensure that TM-P serves as a legally valid mechanism for applicants and third parties to interact with the trademark registration process.
Work and Purpose of TM-P
TM-P plays a vital role in trademark procedures, enabling businesses and individuals to effectively manage their trademarks. The following are its primary uses:
1. Expedited Examination of a Trademark
- Under normal circumstances, the examination of a trademark application takes 6-12 months.
- By filing TM-P, an applicant can request fast-track examination, reducing the wait time to approximately 3 months.
- Expedited processing is useful for startups and businesses that require urgent trademark registration.
2. Amendment or Rectification of Trademark Application
- If an applicant has made a typographical error, such as misspelled brand name, incorrect address, or misclassified goods/services, TM-P can be used to correct these errors.
- Rectification can be sought before or after publication in the trademark journal.
3. Opposition Against a Trademark Application
- If a party believes a trademark is similar to an existing registered trademark, they can file an opposition under TM-P.
- The opponent must submit valid reasons and evidence to support the opposition.
4. Assignment and Transmission of Trademark Rights
- If a trademark is being sold or transferred, TM-P is used to update ownership details in the records.
- The assignment must be accompanied by a legally executed assignment deed.
5. Trademark Renewal and Restoration
- A trademark is valid for 10 years, and renewal must be filed before expiry.
- If the trademark is not renewed within 6 months, restoration can be requested using TM-P.
Fee Structure for TM-P
The official government fees for TM-P vary based on the purpose of filing:
| Nature of Request | Fee (INR) (E-filing) |
| Expedited Examination | ₹20,000 per class |
| Opposition/Rectification | ₹3,000 per class |
| Renewal of Trademark | ₹10,000 per class |
| Restoration of Trademark | ₹5,000 + ₹10,000 (late fee) |
| Assignment/Transmission | ₹9,000 per class |
Note: Fees may be subject to changes as per IP India regulations.
Merits and Demerits of TM-P
Merits (Advantages)
✔ Faster Trademark Processing – Expedited processing ensures quicker brand protection.
✔ Error Correction – Helps applicants rectify errors and avoid rejection.
✔ Opposition Facility – Protects brand owners from conflicting trademark applications.
✔ Smooth Assignment – Ensures legally compliant trademark ownership transfer.
✔ Continued Protection – Allows timely renewal or restoration to maintain brand exclusivity.
Demerits (Disadvantages)
❌ Higher Costs – Expedited processing and rectifications come with additional costs.
❌ Complex Process – Requires proper legal documentation and compliance.
❌ Risk of Rejection – Incomplete or incorrect applications may lead to delays or denials.
Example Scenarios Where TM-P is Used
Example 1: Expedited Examination
A Bangalore-base startup applying for a trademark in Class 30 (Food Products) wants to protect. Its brand quickly before launching in the market. By filing TM-P, they get their trademark examined within 3 months instead of waiting for a year.
Example 2: Opposition Against a Similar Trademark
An established Delhi-based garment brand notices a new trademark application resembling its registered logo. To prevent brand confusion, the company files TM-P for opposition, citing prior use and market reputation.
Example 3: Assignment of Trademark Rights
A Hyderabad-based IT firm selling its software product division to a multinational corporation must transfer the registered trademark ownership. They file TM-P with the assignment deed and NOC documents.
Process for Filing TM-P
- Identify the Purpose – Determine whether TM-P is require for expedited examination, rectification, opposition, assignment, or renewal.
- Prepare Documents – Gather supporting documents (see list below).
- File the Form Online – Submit TM-P through the IP India e-filing portal.
- Pay the Fees – Based on the request, pay applicable government fees.
- Await Examination or Processing – The registrar reviews the request and takes action accordingly.
Documents Required for TM-P
| Purpose | Required Documents |
| Expedited Examination | Trademark application details, Business incorporation certificate, Power of attorney (if applicable) |
| Opposition Filing | Copy of published trademark, Grounds for opposition, Evidence of prior use |
| Rectification/Amendment | Proof of required changes, Original application details |
| Assignment/Transmission | Assignment deed, NOC from both parties, Identity proof |
| Renewal/Restoration | Existing trademark registration certificate, Renewal request letter |
Final Remarks
TM-P is a vital tool in Intellectual Property Rights (IPR), offering solutions for expedited processing, rectifications, opposition, assignments, and renewals. While it provides quicker approvals and better legal control. The applicants check proper documentation and compliance to protecting from delays or rejections. Businesses should carefully evaluate their trademark strategy and, where necessary, seek professional legal assistance to make the most of TM-P’s advantages and read more