Form TM-22 Trademark Act 1999 Template

About this agreement

Title: FORM TM-22 OF THE TRADEMARK ACT, 1999

Struggling with a clerical error in your trademark registration? Secure our ready-to-use FORM TM-22 format under the Trade Marks Act, 1999, for seamless corrections. Download this customizable TM-22 sample in PDF or Word format, perfect for India-based businesses and individuals.

What is Form TM-22 under the Trade Marks Act, 1999?

Form TM-22 is a prescribed application form as per Rule 23 of the Trade Marks Rules, 2017, governed by the Trade Marks Act, 1999. It is specifically designed for requesting the Registrar of Trade Marks to rectify clerical errors or amend entries in the Trade Marks Register. Whether it's a misspelled name, incorrect address, or outdated goods/services classification, this form ensures your trademark records remain accurate and enforceable.

This legal template is essential for maintaining the integrity of your intellectual property rights in India. Filing Form TM-22 promptly avoids complications during trademark enforcement, licensing, or renewal processes.

Why is FORM TM-22 Format Important?

Accuracy in the Trade Marks Register is non-negotiable. Errors can lead to disputes, invalidation challenges, or even loss of trademark rights. Using a precise FORM TM-22 format ensures compliance with statutory requirements, including the mandatory fee (currently INR 1,000 per class for e-filing) and supporting evidence.

Key benefits include:

Quick Resolution: Registrar typically processes within 1-2 months if complete.
Cost-Effective: Avoids costly litigation or re-application.
Legal Protection: Keeps your trademark valid for oppositions, infringements, or assignments.

Our SEO-optimized FORM TM-22 sample is crafted by legal experts, incorporating all court and registry requirements for hassle-free submission via the IP India portal.

Key Elements of the FORM TM-22 Template

A compliant FORM TM-22 format must include:

Applicant Details: Full name, address, nationality, and status (proprietor, licensee, etc.).
Trade Mark Particulars: Registration number, class, and mark details.
Nature of Request: Clear description of the clerical error or amendment sought (e.g., "Correction of proprietor's name from ABC Pvt Ltd to ABC Private Limited").
Evidence/Documents: Affidavit, supporting proofs like amended MoA, or Gazette notifications.
Fee Details: Proof of payment via challan or online.
Declaration: Verification by applicant or agent.
Index of Documents: List of enclosures.

Our downloadable TM-22 format comes pre-filled with these sections, making it ready-to-use and fully customizable.

Who Should Use FORM TM-22 Sample?

Trademark Proprietors: To fix errors post-registration.
Businesses: Updating details after mergers, name changes, or address shifts.
Legal Agents/Attorneys: For client filings.
Startups & SMEs: Ensuring clean IP portfolio for funding or expansion.

Common use cases: Correcting spelling mistakes, updating legal entity names, revising address post-relocation, or amending goods/services descriptions in civil or commercial matters.

Download Customizable FORM TM-22 Format Now

Don't let minor errors jeopardize your brand. Get instant access to our premium FORM TM-22 template in editable Word or print-ready PDF format. Options include:

Basic Download: Ready-to-use legal template.
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Free preview available—paid plans start affordably for unlimited edits. Filed across India, from Mumbai to Delhi registries.

In conclusion, our FORM TM-22 format saves time, ensures accuracy, and boosts your SEO with keywords like "TM-22 free download India", "Trade Marks Act forms", and "trademark correction template". While this is a professional, customizable sample, it's not a substitute for personalized legal advice. Consult a trademark attorney for complex cases. Explore related templates like Form TM-16 (renewal) or TM-21 (legal entity change) for complete IP management.

FORM TM-22 OF THE TRADEMARK ACT, 1999

FORM TM-22

THE TRADE MARKS ACT, 1999

Agents code No: Proprietors code No:

Fee: Rs.2,500. See entry No. 2 of First Schedule

Application to register a textile trade mark consisting exclusively of numerals or letters

Section 18(1), rule 25(5), 144 and 145.

(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 1 is hereby made for registration in the register of the accompanying

trade mark in class 2 .................................. in respect of 3 ........................in the name(s) of4

................... whose address is5 ....................... who claim (s) to be the proprietor(s) thereof [and by whom the said mark is proposed to be used 6 or (and by whom and his (their) predecessor(s) in title7 the said mark has been continuously used since .......20...] in respect of the said goods or services.8

.9................................. ..............................

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

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

.....Signature.10................

Name of the Signatory ....................

The Registrar of Trade marks,

The office of the Trade Marks Registry at...11.....................

1. Strike out whichever is not necessary. The duly signed additional representation by the applicant or his agent should bear the mark, the name, address and description of the applicant, the description of goods or services, the class, the period of use of the trade mark, the trade description and address of service in India.

2. The Registrar's direction may be obtained if the class of the goods or services is not known.

3.Specify the goods or services for 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 the prescribed limit. 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.

4. 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).

5. 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 carried 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.

6. Strike out if the mark is already in use

7. 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 9.

8. If there has been no use of the trade mark in respect of all the goods or services specified at 3, the items of goods or services in respect of which the mark has actually been used should be stated.

9.For additional matter if required, otherwise to be left blank.. If colour 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 123) to be also accompanied by the name in block letter.

11. State the name of the place of the appropriate office of the Trade Marks Registry (See rule 4).

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Important Guidelines

Form TM-22 is used in India for the request for the expedited examination of a trademark application. It allows trademark applicants to request a quicker review of their trademark application by the trademark office. Here's a brief guideline for drafting Form TM-22 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-22: REQUEST FOR EXPEDITED EXAMINATION OF TRADEMARK APPLICATION."

Applicant Information: Provide the applicant's details, including name, address, and contact information.

Trademark Details: Describe the trademark to be examined, including the application number and date.

Grounds for Expedited Examination: Clearly state the reasons for requesting expedited examination. Common grounds include the threat of infringement, imminent product launches, or legal proceedings.

Supporting Documents: Attach any relevant documents or evidence supporting the grounds for expedited examination.

Power of Attorney: If an attorney is representing you, include a power of attorney.

Declaration: Sign and date the declaration confirming the accuracy and authenticity of the request.

Common Mistakes to Avoid:

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

Unclear or Insufficient Grounds: Provide a clear and compelling explanation for the request, demonstrating the urgency of the situation.

Missing Supporting Documents: Include any necessary documents or evidence to substantiate your request.

Improper Classification: Ensure the correct classification of goods/services, which may impact the request.

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

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

Submitting Form TM-22 accurately and with strong grounds for expedited examination can lead to a quicker review of your trademark application in India. Avoiding common mistakes enhances the likelihood of a successful request and helps protect your brand more effectively.

Frequently asked questions

What is the purpose of Form TM-22 under the Trade Marks Act, 1999?→

Form TM-22 is a legal document used to request the Registrar for particulars of the advertisement of an accepted trademark mark before registration, as per the Trade Marks Rules in India.

Is Form TM-22 legally valid for use in India?→

Yes, Form TM-22 is an official form prescribed under the Trade Marks Act, 1999 and applicable Trade Marks Rules, ensuring full legal validity across India when filed correctly.

Does filing Form TM-22 require stamp duty or court fees?→

No, Form TM-22 does not attract stamp duty or court fees; only the prescribed government filing fee is applicable at the Trademark Registry in India.

In what format is Form TM-22 available for download?→

Form TM-22 can be downloaded in editable Word and non-editable PDF formats from the official IP India website for convenient use.

Can I edit or customize Form TM-22?→

Yes, the Word version of Form TM-22 is fully customizable; modify it to suit your specific trademark details while adhering to Indian legal guidelines.

When and who should use Form TM-22?→

Trademark applicants or their authorized agents should use Form TM-22 after acceptance of their mark to obtain advertisement particulars from the Registrar in India.