Chapter XIII - Miscellaneous
Section 150
Section 150: Fees, surcharge and filing effect
Prescribed fees and surcharge apply to the stated applications, registrations and other matters; non-payment can prevent action or filing effectiveness.
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Need advice on Section 150?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) There shall be paid in respect of applications, international applications and registration and other matters under this Act such fees and surcharge as may be prescribed by the Central Government.
(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid.
(3) Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid.
Rule and business relevance
The Registrar must not perform the fee-payable act until the fee is paid. A fee-payable document is deemed not filed until the fee is paid. International applications are expressly included in subsection (1).
Limits and related provisions
Do not rely on merely uploading a document where the required fee has not been paid. Use the current official fee schedule rather than inventing an amount from this enabling provision.
Hypothetical business example
Hypothetical example: An applicant uploads a time-sensitive document but payment fails. It checks the statutory filing effect and resolves payment promptly, keeping the acknowledgement.
Practical decision flow
Confirm the correct prescribed fee or surcharge.
Complete and verify payment for the act or document.
Retain the payment and filing acknowledgement.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Confirm the correct prescribed fee or surcharge.
- Complete and verify payment for the act or document.
- Retain the payment and filing acknowledgement.
Avoid
- Do not rely on merely uploading a document where the required fee has not been paid. Use the current official fee schedule rather than inventing an amount from this enabling provision.
Glossary
- Filing effectiveness
- The effect postponed until a required filing fee is paid.
- Prescribed charge
- The amount set under the applicable official rules.
Frequently asked questions
Does uploading alone always count as filing?
Not where a required filing fee remains unpaid under subsection (3).
Does the section itself list the fee amounts?
No. They are prescribed by the Central Government.
Are international applications covered?
They are expressly mentioned.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026