FORM TM-1

 

FORM TM-1

THE TRADE MARKS ACT, 1999


Agent’s code No:
Proprietor’s code No:

Fee: Rs.2500/-


Application for registration of a trade mark for goods or
services (other than a collective mark or a certification trade mark)in
the register

Section 18(1), rule 25(2).
(To be filed in triplicate accompanied by five additional representations of the trade mark)

  One representation to be fixed within this space and five others to be sent separately.
Representation of a larger size may be folded but must then be
mounted upon linen or other suitable material and affixed hereto. (See
rule 28).

Application is hereby made for registration in the register of the accompanying trade mark in class 1 ……………………………. in respect of 2 ……………………in the name(s) of 3………………. whose address is 4 ………………….. who claim (s) to be the proprietor(s) thereof [and by whom the said mark is proposed to be used 5 or (and by whom and his (their) predecessor(s) in title 6 the said mark has been continuously used since ..........]
in respect of the said goods or services.7

8……………………………. 9…………………………..
All communications relating to this application may be sent to the following address in India:-

Dated this …………….day of ………..20…………

10..SIGNATURE

NAME OF SIGNATORY IN LETTERS.

To
The Registrar of Trade marks,
The office of the Trade Marks Registry at.(11)…………………..

  1. The Registrar’s direction may be obtained if the class of the goods or services is not known.
  2. Specify the goods or services for the class in respect of which
    application is made. A separate sheet detailing the goods or services
    may be used. The specification of goods or services should not
    ordinarily exceed five hundred characters. An excess space fee of Rs.10
    per character is payable beyond this limit. See rule 25(16) The
    applicant shall state the exact number of excess characters where the
    specification of goods or services exceeds of five hundred characters at
    the space provided immediately before the signature.
  3. Insert legibly the full name, description (occupation, calling
    and nationality of the applicant). In the case of a body corporate or
    firm the country of incorporation or the names and descriptions of the
    partners composing the firm and the nature of registration, if any, as
    the case may be, should be stated. (See rule 16).
  4. The applicant shall state the address of his principal place of
    business in India. if any. (See rules 3 and 17) If the applicant carries
    on business in the goods or services for which registration is sought
    at only one place in India such fact should be stated and the address of
    the place given. If the applicant carries on business in the goods or
    services concerned at more places than one in India the applicant should
    state such fact and give the address of that place of business which he
    considers to be his principal place of business. If, however, the
    applicant does not carry on business in the goods or services concerned
    but carries on business in other goods or services at any one place in
    India this fact should be stated and the address of that place given;
    and where the applicant carries on such business at more places than one
    in India such fact should be stated and the address of the place which
    he considers to be his principal place of business given. Where the
    applicant is not carrying on any business in India the fact should be
    stated and the place of his residence in India, if any, should be stated
    and the address of that place given. In addition to the principal place
    of business or of residence in India, as the case may be, an applicant
    may if he so desires given an address in India to which communications
    relating to the application may be sent). (see rule 19). Where the
    applicant has neither a place of business nor of residence in India the
    fact should be stated and an address for service in India given along
    with his address in his home country abroad.
  5. Strike out if the mark is already in use
  6. Strike out the words if not applicable. If user by
    predecessor(s) in title is claimed, the name(s) of such person(s)
    together with the date of commencement of use by the applicant himself
    should be stated at 8.
  7. If there has been no use of the trade mark in respect of all the
    goods or services specified at 2, the items of goods or services in
    respect of which the mark has actually been used should be stated.
  8. For additional matter if required, otherwise to be left blank.
  9. If colour combination is claimed, clearly indicate it and state the
    Colour. If the application is in respect of a three dimensional mark, a statement to that effect (see rule 25 and 29).
  10. Signature of the applicant or of his agent (legal practitioner
    or registered trade marks agent or person in the sole and regular
    employment of the applicant- See Section 145)
  11. State the name of the place of the appropriate office of the Trade Marks Registry (see rule 4)
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