On application to register a trade mark for a specification of goods or services included in one class [Section 18(1)].
Text Version of the Form
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FORM TM- 1
THE TRADE MARKS ACT, 1999
Age nt s code No :
Propr iet or s code No :
Fee: Rs.2500/
Application for registration of a trade mark for goods or services (other than
a co lle ct iv e m a r k o r a ce rt if icat io n t ra de m a r k) in t he re g ist e r se ct io n 1 8 ( 1 ) ,
25(2).( To be f ile d in t r iplicat e a cco m pa n ie d by f iv e a dd it io na l re pre se nt at io ns of
the trade mark)O ne re pre se nt at io n t o be f ix e d w it h in t h is spa ce a nd f iv e ot he rs t o be se nt
separately.Re pre se nt at io n of a la rge r siz e m ay be f o lde d b ut m ust t he n be m o u nt e d
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 4
………………. whose address is ………………….. 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 continuouslyused 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.———————– Page 2———————–
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———————– Page 3———————–
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)