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FORM TM-21 of the Trade Marks Act, 1999

Need a reliable FORM TM-21 format under the Trade Marks Act, 1999, to restore your lapsed trademark? Our ready-to-use, customizable template in PDF or Word format simplifies the process for trademark owners in India facing removal from the Register due to unpaid renewal fees.

What is FORM TM-21?

FORM TM-21 of the Trade Marks Act, 1999, is the official application form prescribed under Rule 55 of the Trade Marks Rules, 2017. It is specifically designed for applying for the continuance of a registered trademark that has been removed from the Trade Marks Register for failure to pay the renewal fee on time. This form allows trademark proprietors to seek restoration within the stipulated period—typically six months from the date of removal, extendable by one month with condonation of delay.

In the competitive Indian market, trademarks are vital assets. Losing registration due to oversight can jeopardize brand protection. Filing FORM TM-21 correctly ensures your mark is reinstated, safeguarding your intellectual property rights against infringement.

Why is FORM TM-21 Important?

Timely submission of the FORM TM-21 format is crucial for maintaining trademark validity. Under Section 25(3) and (4) of the Trade Marks Act, 1999, removal from the Register occurs if renewal fees are not paid. Restoration via FORM TM-21 prevents permanent loss, allowing continued exclusive use of your mark.

Key benefits include:

Quick Restoration: Avoid lengthy re-registration processes.
Cost-Effective: Pay restoration fees instead of full new application costs.
Legal Compliance: Meets Trade Marks Registry requirements in India.
Brand Protection: Retain priority date and accrued goodwill.

Non-compliance risks third-party registrations, leading to disputes or rebranding expenses. Our FORM TM-21 sample ensures accuracy, reducing rejection chances.

Key Elements of FORM TM-21 Format

A complete FORM TM-21 legal template must include:

Applicant Details: Name, address, and contact information of the proprietor or agent.
Trade Mark Particulars: Registration number, class(es), and date of removal.
Renewal Fee Proof: Evidence of payment for overdue renewals.
Affidavit in Support: Sworn statement explaining delay reasons and no third-party use.
Power of Attorney: If filed by an agent.
Additional Documents: Certified copy of original registration and any prior notices.

Our customizable FORM TM-21 format in Word/PDF includes all these sections, pre-formatted for the Trade Marks Registry.

Who Should Use FORM TM-21?

This form is essential for:

Business Owners: SMEs and startups with lapsed trademarks.
Brand Managers: Protecting logos, names, and slogans in India.
Legal Professionals: Handling client IP portfolios.
Exporters/Importers: Maintaining international brand consistency.

Common use cases include accidental fee oversights, administrative delays, or during business transitions. Whether in civil disputes or routine renewals, FORM TM-21 is a must-have.

Download Your FORM TM-21 Format Today

Get instant access to our professional FORM TM-21 sample—available for free download or premium customization. Tailor it to your needs in editable Word format or print-ready PDF. Perfect for court filings or company records.

Important Note

While our FORM TM-21 of the Trade Marks Act, 1999 template is ready-to-use and compliant with Indian laws, it is advisable to consult a trademark attorney for personalized advice. Customize as per specific case requirements. Explore related legal templates like TM-12 renewal forms, opposition notices, or affidavit formats for comprehensive IP management.

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FORM TM- 21 OF THE TRADEMARK ACT, 1999

THE TRADE MARKS ACT, 1999

Agents Code No:

Proprietors Code No:

Fee : Rs.500, 1,000 or 1,500 for extension of 1, 2 or 3 months respectively

Application for extension of time in which to apply for the Registrar's direction for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business.

Section 42 rules 74(3)

Application is hereby made by ' .....................for extension of time of 2 .............month(s) in which to apply for the Registrar's directions for the advertisement of an assignment of the following trade marks otherwise than in connection with the goodwill of the business in which they 3 (had been) (were) used, namely:- (I) Registered Trade Marks:

*Registration Number Class

-------------------------- Goods or services in respect of which the mark .................................... has been or is used and is assigned.

...................................

all of which are or were registered in the name of 4..........of .........who is the assignor

(II) Unregistered trade marks all being marks which 3 (had been)(were) used in his business in respect of the goods or services stated below, by 4 .........of.............who is the assignor.

*Representation of Mark Goods or services in respect of which the mark has been or is used and is assigned

............................

The date of assignment was the ...............day of ...............20...........

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

......................

.....................

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

5..........................

SIGNATURE

NAME OF SIGNATORY IN LETTERS

The Registrar of Trade Marks

The Office of the Trade Marks Registry at 6.................

*Additional marks and registration numbers which cannot be accommodated here may be given in a signed schedule on back of the form.

1. Inert the name and address of the assignee(applicant)

2. Insert "one", "two", or "three"

3. Strike out words not applicable

4. Insert the name and address of the proprietor (assignor)

5. Signature of applicant or of his agent

6. State the name of the place of the appropriate office of the Trade Mark Registry.

(See Rule 4).

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Important Guidelines

Form TM-21 is used in India for the application to record a subsequent proprietor's interest in a registered trademark. It allows individuals or entities who have acquired the rights to a registered trademark to have their ownership officially recorded. Here's a concise guideline for drafting Form TM-21 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-21: APPLICATION TO RECORD SUBSEQUENT PROPRIETOR'S INTEREST."

Applicant Information: Provide the details of the new trademark owner, including name, address, and contact information.

Trademark Details: Describe the registered trademark, including the registration number and date.

Nature of Interest: Clearly state the nature of the subsequent proprietor's interest (e.g., assignment, transmission, merger).

Supporting Documents: Attach any relevant documents, such as a copy of the assignment deed or merger agreement, to substantiate the change in ownership.

Declaration: Sign and date the declaration, affirming the accuracy and authenticity of the application.

Common Mistakes to Avoid:

Incomplete Information: Ensure all sections are accurately filled out, with no essential details omitted.

Unclear Interest Description: Clearly specify the type of interest being recorded and provide relevant documentation.

Lack of Supporting Documents: Include all necessary documents or agreements to support the change in ownership.

Failure to Sign and Date: Properly sign and date the declaration to validate the application.

Lack of Legal Advice: Seek professional guidance to ensure compliance with trademark ownership change rules and requirements.

Filing Form TM-21 accurately is crucial when recording a subsequent proprietor's interest in a registered trademark in India. Avoiding common mistakes enhances the likelihood of a successful recording and ensures that the trademark register accurately reflects the change in ownership.

Frequently asked questions

What is Form TM-21 under the Trade Marks Act, 1999?→

Form TM-21 is the official legal form used for seeking the Registrar's approval under Section 58(1) proviso or consent under Section 58(2) for the assignment or transmission of a certification trade mark in India.

When and who should use Form TM-21?→

Trademark proprietors or applicants in India should use Form TM-21 when assigning or transmitting a certification trade mark without the original proprietor's consent, requiring Registrar's approval.

Is Form TM-21 legally valid in India?→

Yes, Form TM-21 is a legally valid document under the Trade Marks Act, 1999, recognized by the Controller General of Patents, Designs and Trade Marks in India.

Does filing Form TM-21 require stamp duty?→

No, Form TM-21 does not require stamp duty; it attracts only the prescribed government filing fees payable to the Indian Trademark Registry.

In what format can I download Form TM-21?→

Form TM-21 is available for free download in PDF format from the official IP India website; customizable Word versions are also offered for easy editing.

Can I customize or edit Form TM-21 before submission?→

Yes, Form TM-21 is fully customizable; edit the details in Word or fillable PDF format, then submit to the Trademark Office in India.