Rules 21 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 21 lets you ask the Registrar, before you apply, whether a mark appears to be distinctive. It uses Form TM-M and a stated fee. Rule 22 is a different tool: Form TM-C is a request for a search and a certificate that a mark is not registered or applied for, which is linked to the Copyright Act, 1957. Many readers expect TM-C to be something else, so it is worth reading the text closely before you plan a trademark registration strategy around either.
A request for preliminary advice under section 133(1) is made in Form TM-M, with the fee in entry 14 of the First Schedule and one representation of the mark (rule 21). A request for a search certificate under section 45(1) of the Copyright Act, 1957 is made in Form TM-C; the certificate is ordinarily issued within thirty working days, or an expedited certificate within seven working days (rule 22).
Rule 21: preliminary advice on distinctiveness
Rule 21: "An application for preliminary advice by the Registrar under sub-section (1) of Section 133 shall be made in Form TM-M in respect of any goods or services comprised as published by the Registrar under sub-rule (2) of rule 20, along with the fees specified in entry number 14 of the First Schedule and accompanied by one representation of the trademark."
| Element | Requirement |
|---|---|
| Statutory basis | Section 133(1) of the Act |
| Form | TM-M (Form TM-M has an item for "Preliminary Advice about the distinctiveness of the trademark, U/S 133") |
| Goods or services | Those comprised in the Registrar's published index under rule 20(2) |
| Fee | The fee in entry 14 of the First Schedule |
| Attachment | One representation of the trademark |
Entry 14, as notified in 2017 (check the current Schedule), covers "seeking Registrar preliminary advice" at Rs 2,000 for physical filing and Rs 1,800 for e-filing; the same entry also covers deposition of collective-mark regulations, alteration of certification-mark regulations and division of an application.
What the rule does not say: how long the Registrar takes, what form the advice takes, or whether the advice binds the Registrar later. The rule is limited to the way of asking. The nature of the advice itself comes from section 133, so read that provision for what the advice is worth.
Rule 22: request to the Registrar for a search
Sub-rule (1): the request and the thirty working days
"Any person may request the Registrar, in Form TM-C to cause a search to be made and for issue of certificate under sub-section (1) of section 45 of Copyright Act, 1957 to the effect that no trademark identical with or deceptively similar to such artistic work, as sought to be registered as copyright under the Copyright Act, 1957 has been registered as a trademark under the Trade Marks Act, 1999 in the name of, or that no application has been made under that Act for such re-registration by any person other than the applicant."
So TM-C is tied to the registration of an artistic work as copyright. The sentence is clumsy ("in the name of, or that no application has been made ... for such re-registration"), and we flag it rather than rewrite it. Read plainly, the certificate says that no identical or deceptively similar mark has been registered as a trademark, or applied for, by anyone else.
"The certificate shall ordinarily be issued within thirty working days of the date of request."
The proviso: the Registrar may call for a statement of requirements, and "if the requirements are not complied with within two months from the date of such calling of the statement, the request on Form TM-C shall be treated as abandoned."
Sub-rule (2): cancellation of the certificate
The Registrar "may cancel the certificate issued under sub-rule (1) after giving notice and stating the grounds on which the Registrar proposes to cancel the certificate and after providing reasonable opportunity of being heard."
Sub-rule (3): the expedited certificate
"Subject to proviso of sub-rule (1) or sub-rule (2), the Registrar shall ordinarily within seven working days issue an expedited search certificate under sub-section (1) of section 45 of the Copyright Act, 1957 on a request received in Form TM-C on payment of fee specified in First Schedule."
Sub-rule (4): hearing before abandonment
"Before abandoning the request in Form TM-C ... for non-compliance of the statement of requirements when called for, the Registrar shall provide an opportunity of being heard in the matter."
Summary of the TM-C timeline
| Stage | Time | Source |
|---|---|---|
| Ordinary certificate | Ordinarily within thirty working days of the request | Rule 22(1) |
| Expedited certificate | Ordinarily within seven working days | Rule 22(3) |
| Reply to statement of requirements | Two months from the calling of the statement; otherwise treated as abandoned | Proviso to rule 22(1) |
| Before abandonment | Opportunity of being heard | Rule 22(4) |
"Ordinarily" is the Rules' own word; it signals a target period, not a fixed date.
Fees for TM-C
As notified in 2017; check the current Schedule: entry 11 prescribes Rs 10,000 (physical) or Rs 9,000 (e-filing) for a request for search and a certificate under rule 22(1). Entry 12 prescribes a fee for an expedited search under rule 22(3) of Rs 30,000, and it is shown as "Not allowed" for physical filing, so the expedited route is e-filing only.
What TM-C is not
The Rules make TM-C the search request under rule 22. It is not the form for replying to an examination report; replies to the examination report are dealt with in rule 33. Some online guides still describe TM-C differently, so rely on the Rules and the Second Schedule, which lists TM-C only for "rule 22(1), rule 22(3)" and "Application for Search certificate request". Nor is TM-C a general availability search of the register. The rule links the certificate to section 45(1) of the Copyright Act. For a search of the public register before filing, see our guide to searching the IP India database.
Example: Zoya Studio has drawn a logo as an artistic work and wants to register it as copyright. It files Form TM-C with the fee to obtain the certificate that no identical or deceptively similar mark has been registered or applied for by anyone else. The Registrar asks for a statement of requirements; Zoya has two months to comply, or the request is treated as abandoned, after a hearing opportunity. Separately, before filing a trademark application for the same logo, Zoya could ask for preliminary advice on distinctiveness under rule 21 on Form TM-M.
Version note
This article reflects the Rules as notified on 6 March 2017. Later amendments to rules 21 and 22, to the forms and to the fees should be checked.
Need help with a search or a distinctiveness question?
Choosing between a preliminary advice request, a TM-C search certificate and a plain register search depends on what you want to achieve. Our trademark registration team can advise on the route before you spend on fees.
Key takeaways
- Preliminary advice on distinctiveness (section 133) is requested on Form TM-M with the entry 14 fee and one representation of the mark.
- Form TM-C is the request for a search and a certificate under section 45(1) of the Copyright Act, 1957.
- The ordinary certificate is expected within thirty working days; the expedited one within seven working days.
- Non-compliance with a statement of requirements within two months leads to abandonment, but only after a hearing opportunity.
- The Registrar may cancel the certificate after notice and a hearing.
Read next
- Rule 20: classification of goods and services
- Rule 23: form and signing of the application
- Rule 33: examination, objection to acceptance and hearing
- Trademark search before filing: how to search the IP India database
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.