About this agreement

FORM TM-19 of the Trade Marks Act, 1999

Need a reliable FORM TM-19 Format under the Trade Marks Act, 1999, to challenge an unused trademark? Download our ready-to-use, customizable legal template in PDF or Word format for free in India and streamline your application process today.

What is FORM TM-19?

FORM TM-19 of the Trade Marks Act, 1999, is the prescribed application form used for seeking the removal of a trademark from the official register on grounds of non-use. Governed by Rule 92 of the Trade Marks Rules, 2017, this form is filed before the Registrar of Trade Marks in India. It empowers aggrieved parties, such as competitors or potential registrants, to rectify the register by eliminating marks that have not been genuinely used for a continuous period of five years or more. This FORM TM-19 Format ensures compliance with statutory requirements, making it essential for trademark opposition and rectification proceedings.

Why is FORM TM-19 Important?

In the competitive world of branding in India, maintaining an active trademark register is crucial. Unused trademarks can block legitimate business expansions, leading to wasted opportunities. Filing FORM TM-19 Format helps clear such hurdles, promoting fair competition and innovation. Legally, under Section 47 of the Trade Marks Act, 1999, non-use for the specified period constitutes valid grounds for removal. Using a professional FORM TM-19 Sample minimizes errors, speeds up processing, and strengthens your case with the Intellectual Property Office. It's a vital tool for businesses protecting their market space or challenging squatters.

Key Elements of the FORM TM-19 Format

A standard FORM TM-19 legal template includes:

Applicant Details: Full name, address, nationality, and capacity (e.g., interested party or licensee).
Registered Proprietor Information: Name, address, and details of the trademark owner.
Trademark Particulars: Registration number, class, and mark description.
Grounds for Application: Specific period of non-use (at least five years), with supporting evidence like search reports or affidavits.
Statement of Case: Detailed facts proving lack of genuine use in India.
Evidence Annexures: Documents, statutory declarations, or witness statements.
Fee Details: Payment proof as per the First Schedule of Trade Marks Rules.
Verification and Signature: Declaration by the applicant or agent.

Our ready-to-use FORM TM-19 Format incorporates all these elements, ensuring completeness and adherence to court/company requirements.

Who Should Use FORM TM-19?

This form is ideal for:

Businesses or individuals wanting to register a similar trademark blocked by an unused mark.
Competitors in civil or commercial disputes seeking to remove dormant trademarks.
Startups and SMEs expanding in India’s dynamic market.
Legal professionals handling IP rectification cases.

Common use cases include manufacturing, e-commerce, pharmaceuticals, and services sectors where trademark conflicts arise.

Download Your Customizable FORM TM-19 Sample Now

Get instant access to our FREE DOWNLOAD of the FORM TM-19 Format in editable Word or PDF. Customize it effortlessly with AI tools or seek legal help for tailored perfection. Perfect for quick filings at the Trade Marks Registry.

Important Note

While our FORM TM-19 legal template is designed to be accurate and compliant, it is for informational purposes. Always consult a qualified trademark attorney for personalized advice, as laws may vary. Explore related templates like FORM TM-16, TM-A, or other Trade Marks Act formats for comprehensive IP management. Start safeguarding your brand rights today with our professional, India-specific resources.

FORM TM- 19 OF THE TRADEMARK ACT, 1999

FORM TM-19

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: Rs. 2500 for the first trade mark and Rs.500 for every other trade mark

Application for the approval by the Registrar under Section 41 of a proposed assignment, or of transmission of a trade mark, resulting in exclusive rights in different persons for different parts of India, rule 77.

(To be accompanied by a statement of case in duplicate and a copy of the instrument proposed for the assignment or effecting the transmission).

In the matter of trade mark(s)............................................................'[Registered under

NO.(s)...........................in class(es)..............................]

Application is hereby made by

*(I)2 ....................the proprietor of the trade mark (s) shown in the accompanying statement of case (registered in his name)3 and (used by him)3 in respect of the following goods or services............................................... for the approval by the Registrar of a proposed assignment of the trade marks(s) to 4..................................in respect of the following goods or services .....................to be sold or otherwise traded in 5 ..............(and to 6 ..........................in respect of all the following goods or services....................to be sold or otherwise traded in 5.....................) in circumstances that are stated fully in the accompanying statement of case.

*(II)7 ...............who claims that the trade mark(s) shown in the accompanying statement of case, was (were) in respect of the following goods or services , namely..................and on the 8........... day of ............20...............transmitted to him [9...............who was his predecessor in title,] by or from [10..............by whom the Trade Mark was then used in respect of the following goods or services namely ...................all in circumstances that are stated fully in the accompanying Statement of Case, for the approval by the Registrar of the aforesaid transmission.

All communications relating to this application may be sent to the following address in India.

Dated this ....................day of ..........20.........

11.................

SIGNATURE

NAME OF SIGNATORY IN LETTERS To

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at 12...................

*Strike out either paragraph (I) or paragraph (II)

1. To be struck out in the case of unregistered trade mark

2. Insert the name and address of the proprietor

3. Strike out either if not applicable

4. Insert the name(s) and address(es) of the proposed assignee(s)

5. Insert the name(s) of the place(s) in India

6. Strike out the bracketed passage if not required.

7. Insert the name and address of the person who claims a transmission to him.

8. Insert the date of the transmission

9. Insert the name and address of the predecessor in title, if any

10. Insert the name and address of the person who transmitted

11. Signature of the applicant or of his agent

12. State the name of the place of the appropriate office of the Trade Marks Registry

(See rule 4).

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting FORM TM-19

Usage: FORM TM-19 is a vital document used in trademark law, specifically in India. It is employed for the application of the removal of a trademark?s entry or part thereof from the register. Trademark owners use this form to request the removal of their trademark or specific elements from the trademark register. Here are essential guidelines for drafting FORM TM-19:

Accurate Information: Ensure all information in FORM TM-19 is accurate, including the trademark's registration number, the elements to be removed, and the reasons for removal.

Specify Removal Scope: Clearly state whether you want to remove the entire trademark or specific elements (such as particular classes of goods/services) and provide detailed reasons for the removal.

Payment: Include the requisite fee with the form. Verify the applicable fee structure and accepted payment methods to prevent processing delays.

Supporting Documents: Attach any necessary supporting documents or evidence to substantiate your request for trademark removal.

Compliance: Familiarize yourself with the guidelines and procedures set by the Indian trademark office to ensure compliance with their specific requirements for trademark removal.

Common Mistakes to Avoid:

Inaccurate Information: Providing incorrect or incomplete details can lead to processing delays or errors in the removal request.

Incorrect Fee: Ensure that the correct fee is paid, as mistakes in payment can result in processing issues.

Unclear Removal Request: Failing to specify whether you're removing the entire trademark or specific elements can lead to confusion or incorrect removals.

Missing Supporting Documents: If any supporting documents are required, ensure they are included to avoid unnecessary complications.

Non-Compliance: Ignoring the specific regulations and requirements of the Indian trademark office can result in the rejection of the removal request.

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-19 in India to apply for the removal of your trademark or specific elements, ensuring that your trademark register accurately reflects your intellectual property rights in accordance with trademark law.

Frequently asked questions

What is Form TM-19 under the Trade Marks Act, 1999?→

Form TM-19 is the official application for removal of a trademark from the register due to non-use under Sections 47 or 57 of the Trade Marks Act, 1999 in India.

Is Form TM-19 legally valid in India?→

Yes, Form TM-19 is the prescribed format by the Trade Marks Registry, Government of India, and holds full legal validity when filed with required documents and fees.

Do I need to pay stamp duty for Form TM-19?→

No stamp duty is required for Form TM-19; it is a central government form filed electronically or physically with official Trade Marks Registry fees only.

In what format can I download Form TM-19?→

Form TM-19 is available for free download in PDF (non-editable) and editable Word formats from official sources or legal template providers.

Can I customize or edit Form TM-19?→

Yes, the Word version of Form TM-19 is fully customizable; edit details like applicant info, trademark details, and grounds for rectification to suit your case in India.

Who should use Form TM-19 and when?→

Use Form TM-19 if you are an aggrieved party, such as a competitor or licensee, seeking trademark removal for non-use; file within 5 years of non-use under Indian trademark law.