Series Trademark Registration in India: Section 15, Filing, and Fees

When a brand uses the same mark in slightly different versions, such as colour variants, size variants, or label variants, it may file all of them together in one application. Section 15(3) of the Trade Marks Act, 1999 permits this as a series trademark registration in India on Form TM-A.

Key facts for applicants

• Eligibility: the marks must share the same material particulars and differ only on the four grounds listed in Section 15(3)(a)–(d).
• All marks in the series must cover the same or similar goods or services.
• Filing form: Form TM-A; application fee applies per mark per class.
• Automatic consequence: registration triggers associated trade mark status under Section 16(4), which bars separate assignment of individual marks in the series.
• Division before publication: available on Form TM-M before the application is published in the Trade Marks Journal, the official publication of the Controller General of Patents, Designs and Trade Marks (CGPDTM) made available on the CGPDTM website.

What Is a Series Trademark in India

Section 15(3) of the Trade Marks Act, 1999 defines the conditions under which several marks may be registered as a series in one registration. The full text of Section 15 is available via the IPIndia portal. The proprietor must satisfy two cumulative requirements: the marks must resemble each other in their material particulars, and they may differ only in respect of one or more of the following:

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

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

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

(d)  colour.

The phrase “material particulars” is not defined in the Act, but examiner practice, as reflected in the Manual of Trade Marks Practice and Procedure (draft, Office of the Controller General of Patents, Designs and Trade Marks, 2015), treats the distinctive and dominant elements of the mark as its material particulars. In practical terms, the Registrar asks whether consumers would still perceive all versions as the same brand, not as different brands. The test is whether an average consumer of the relevant goods or services would regard the marks as the same mark appearing in variant form, rather than as distinct marks.

Sub-sections (1) and (2) of Section 15 address a separate situation: where a proprietor wants both a composite mark and a separable part of it registered, the part must satisfy all conditions of an independent trade mark. That situation is distinct from series registration under sub-section (3), which is the subject of this article.

When to Use a Series Application

File as a series when the dominant brand element is identical across all variants, only colour, size, quantity, price, quality, place name, or non-distinctive text differs, and the marks will be commercially managed together as a single portfolio.

Avoid a series application when any variant may later be sold or licensed separately (Section 44 bars individual assignment of series marks, meaning you cannot sell one variant without selling all of them), when the word or device element changes between variants, or when the Registry is likely to treat any variant as an independent mark on examination.

The Four Permissible Differences

Goods or services description. Marks that are identical in their distinctive elements but applied to related but differently described goods or services within the same class may qualify as a series. The key constraint, stated in Section 15(3) itself, is that the marks must cover “the same or similar goods or services or description of goods or description of services.”

Number, price, quality, or place names. Differences in size indicators (“100 g,” “500 g”), price bands, quality descriptors (“Premium,” “Economy”), or the name of a production location are permissible if the rest of the mark is unchanged. These elements describe a characteristic of the goods, not the origin of the mark.

Other non-distinctive matter. This residual ground covers differences such as punctuation, minor stylistic variations, or tagline text, provided the variation does not substantially affect the identity of the trade mark. The word “substantially” is operative: trivial changes pass; changes that alter the visual, phonetic, or conceptual impression of the mark fail.

Colour. A proprietor may file black-and-white and colour versions of the same mark as a series. Where colour is claimed as a distinctive feature, the application must contain a statement to that effect and be accompanied by a reproduction of the mark in that combination of colours (Rule 23(2)(d) and Rule 26(2) of the Trade Marks Rules, 2017 respectively). These requirements apply to each coloured mark in the series.

Filing a Series Trade Mark Application

Form and Fee

All trade mark applications, including series applications, are filed on Form TM-A under Rule 23(1) of the Trade Marks Rules, 2017. Rule 23(4) makes clear that an application that is not a series trade mark must be for one trade mark only; a series application is the express exception to that rule.

The application fee under the First Schedule to the Trade Marks Rules, 2017 (Entry 1) applies per mark per class:

A series of three marks in one class therefore requires payment of three times the applicable per-mark fee. A series application reduces administrative complexity by consolidating examination and prosecution into one file; it does not reduce official filing fees.

Representation Requirements

Rule 27(1) requires that where an application is made for registration of trade marks as a series under Section 15(3), copies of the representation of each trade mark in the series must accompany the application in the manner prescribed under Rule 26. The Registrar proceeds further only if satisfied that the trade marks constitute a series.

Registrar’s Discretion

The Registrar examines whether the marks satisfy the Section 15(3) criteria. Conducting a trademark search before filing reduces the risk of finding conflicting prior marks once the series application is lodged.

Where the Registrar is not satisfied that one or more marks in the application constitute a series with the rest, the applicant may be required to delete those marks from the application. Per the Manual of Trade Marks Practice and Procedure (Chapter 14.2), the examiner communicates such an objection in writing, identifying the marks that do not resemble the remaining marks in the series. The applicant may alternatively seek division of the application rather than deletion (see below).

Dividing a Series Trade Mark Application in India

Before the application is published in the Trade Marks Journal, the applicant may request the Registrar to divide the series application into separate applications under Rule 27(2). The request is made on Form TM-M, and the Registrar divides the application if satisfied that the division requested conforms with Section 15(3). The divisional fee under First Schedule, Entry 14 applies: Rs 1,800 (e-filing) or Rs 2,000 (physical filing).

The division option is relevant in two situations. First, where the Registrar raises a series-eligibility objection on some marks but not all: the applicant can divide the application, keeping the eligible marks together as a series and proceeding with the ineligible marks as separate applications. Second, where a proprietor chooses to separate marks for commercial reasons, such as to enable independent assignment, the division must be requested before publication.

Rule 108(2) of the Trade Marks Rules, 2017 confirms that each divided application is treated as a separate application for registration with the same filing date as the initial application.

Registration, Duration, and Renewal

On registration, a series application results in a single registration number covering all marks in the series. Registration is for a period of ten years from the date of the application, renewable from time to time in ten-year cycles under Section 25(1) and (2).

Renewal of a series mark registration is made on Form TM-R. Under First Schedule, Entry 3 of the Trade Marks Rules, 2017, the prescribed renewal fee is Rs 9,000 (e-filing) or Rs 10,000 (physical filing) per class. Entry 3 prescribes the fee on a per-class basis and does not carry an express per-mark qualifier of the kind that appears at Entry 1 for applications. Applicants should verify the exact amount payable for a series registration on the Trade Marks Registry filing portal at the time of renewal. For a full breakdown of trademark registration fees in India across all applicant categories, see the fees guide.

Effect of Registration: Associated Trademark Status

Section 16(4) of the Trade Marks Act, 1999 provides that all trade marks registered as a series in one registration under Section 15(3) shall be deemed to be, and shall be registered as, associated trade marks.

Associated trade mark status has one significant practical consequence: under Section 44, associated trade marks are assignable and transmissible only as a whole, not separately. A proprietor who holds a series registration cannot assign or sell one mark in the series while retaining the others; for a full account of trademark assignment in India, see the dedicated guide. The entire series must be dealt with as a single unit in any assignment or transmission.

For all other purposes, Section 44 provides that associated trade marks are deemed to have been registered as separate trade marks, so each mark in the series independently supports its own registration and infringement proceedings. Where use of a mark must be proved for any purpose under the Act, Section 55(1) provides that the tribunal may, if and so far as it thinks right, accept use of one associated trade mark as equivalent proof of use of another; this is a discretionary relief, not an automatic rule.

A proprietor who subsequently wishes to deal separately with individual marks in the series may apply to the Registrar under Section 16(5) for dissolution of the association. The Registrar may dissolve the association as respects any of the marks if satisfied that there would be no likelihood of deception or confusion if that mark were used by another person in relation to the goods or services for which it is registered, and may amend the register accordingly. The application for dissolution is made on Form TM-P under Rule 54(2) of the Trade Marks Rules, 2017. The application must include a statement of the grounds. The fee under First Schedule, Entry 9 is Rs 900 (e-filing) or Rs 1,000 (physical filing) per trade mark whose association is to be dissolved.

Examples: What Qualifies and What Does Not

Whether marks qualify as a series turns on a single question: do they share the same dominant impression while differing only in the non-distinctive elements listed in Section 15(3)?

Permissible differences (marks may constitute a series)

Colour variants. A logo mark filed in black and white and in a specified colour combination, where the logo itself is otherwise identical, qualifies under Section 15(3)(d).

Price or quality descriptors on a label. A label mark bearing the word “PREMIUM” in one version and “ECONOMY” in another, where the dominant device and word elements are identical, may qualify under Section 15(3)(b) if the descriptor is not the distinctive element of the mark.

Descriptive text about goods. Where the label carries the name of the product (for example, “SPICE BLEND” in one mark and “HERB BLEND” in another) but the device and trade mark word element are identical, this may qualify under Section 15(3)(a), because the goods name is a non-distinctive descriptor, not a source identifier.

Punctuation differences. Minor differences in punctuation, such as a hyphen or full stop between words, where the difference does not alter the pronunciation or meaning of the mark, may qualify under Section 15(3)(c).

Impermissible differences (marks do not constitute a series)

Different principal words. Marks that share a house style but use different primary words are not a series; they are independent marks, each requiring a separate application.

Different device elements. Where the device or figurative element, which is the dominant element of the mark, changes between marks, the marks differ in their material particulars and do not qualify. For an explanation of types of trade marks including device marks, see the types guide.

Different transliterations or scripts that alter phonetic identity. Marks that read differently in another script or language when the script change is the distinctive element fail the material-particulars test.

A cartoon or device mark may constitute a series if the characters depicted are the same in all material respects, for example the same figure wearing the same clothing or holding the same props, and the differences are limited to expression or minor positional variation that does not alter the dominant impression. A version that omits a feature forming part of the dominant impression, such as the absence of facial features in an otherwise identical cartoon character, typically differs in material particulars and would not be part of the series.

Comparison: Series Application vs. Multiple Separate Applications

Frequently Asked Questions

Disclaimer: This article provides general information about series trade mark registration under the Trade Marks Act, 1999 and the Trade Marks Rules, 2017. It does not constitute legal advice. Trade mark eligibility, examination outcomes, and fees are subject to the Registrar’s discretion and may change. Consult a registered trade mark attorney before filing.