Form TM-23 Trademark Act 1999 - Free India PDF/Word Template

About this agreement

Title: FORM TM-23 Format of the Trade Marks Act, 1999

Need a compliant FORM TM-23 format under the Trade Marks Act, 1999 for India? Download our ready-to-use, customizable legal template in PDF or Word format to seek the Registrar's consent for assigning a trademark with a pending registration application.

What is FORM TM-23 under the Trade Marks Act, 1999? FORM TM-23 is an official form prescribed under the Trade Marks Rules, 2017, read with the Trade Marks Act, 1999. It is used to file an application for obtaining the consent of the Registrar of Trade Marks to assign a trademark in respect of goods or services for which an application for registration is already pending. This form ensures that the assignment process complies with legal requirements, preventing potential conflicts or invalidations during the trademark prosecution stage.

In the dynamic world of intellectual property in India, businesses often need to transfer trademarks before final registration. FORM TM-23 format becomes crucial here, acting as a safeguard to maintain the validity of the pending application post-assignment.

Why is FORM TM-23 Format Important? Filing FORM TM-23 is mandatory under Rule 44 of the Trade Marks Rules when you intend to assign a trademark subject to a pending registration application. Without the Registrar's consent, the assignment could jeopardize the trademark application, leading to objections, refusals, or even abandonment.

Key benefits of using a proper FORM TM-23 sample include:

Ensures legal compliance with Indian trademark laws.
Protects the chain of title for the trademark.
Facilitates smooth business transactions like mergers, acquisitions, or partnerships.
Saves time and reduces rejection risks with accurate formatting.

This free download FORM TM-23 format is designed for Indian courts and the Trade Marks Registry, making it ideal for startups, SMEs, and large corporations handling IP transfers.

Key Elements of FORM TM-23 Format A standard FORM TM-23 legal template must include the following sections to meet Registrar requirements:

Details of the Pending Application: Application number, date, class of goods/services, and applicant's name.
Parties Involved: Full particulars of the assignor (current owner) and assignee (new owner), including addresses and legal status.
Assignment Details: Nature of assignment (with or without goodwill), consideration amount, and date of agreement.
Supporting Documents: Affidavit confirming no adverse rights, copy of assignment deed, and proof of execution.
Declaration: Statement that the assignment won't prejudice the rights of the original applicant.
Fees and Signatures: Applicable fee payment details and signatures of parties or authorized agents.

Our customizable FORM TM-23 Word format allows easy editing of these elements to fit your specific case.

Who Should Use FORM TM-23 Sample?

Business Owners and Startups: Transferring trademarks during funding rounds or expansions.
Law Firms and IP Consultants: Preparing client filings efficiently.
Companies in Mergers/Acquisitions: Ensuring seamless IP portfolio transfers.
Exporters and Manufacturers: Assigning marks for international partnerships while complying with Indian law.

Common use cases include business restructurings, franchise agreements, and licensing deals where trademark ownership changes mid-application.

Download Your FORM TM-23 Format Today! Get instant access to our professional FORM TM-23 PDF format or editable Word template. Ready to use for Trade Marks Registry filings in India. Customize it with AI assistance or seek legal help for complex scenarios.

Important Note While this FORM TM-23 format is based on the latest Trade Marks Act, 1999 amendments and Rules, 2017, it is recommended to consult a trademark attorney for personalized advice. Not legal advice. Explore related templates like TM-A (application for registration), TM-24 (request for search), or other trademark forms for comprehensive IP management.

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FORM TM- 23 OF THE TRADEMARK ACT, 1999

FORM TM-23

THE TRADE MARKS ACT, 1999

Agents Code No:

Proprietors Code No:

Fee: See entries No.27 and 28 of the First Schedule

Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title. Section 45, rule 68.

We '................................................................and2................................... hereby request, under rule 68, that the name of 3.................................carrying on business as4 .............at5...............may be entered in the Register of Trade Marks as proprietor of the trade mark(s) No.6.....................in Class....................as from the 7......................by virtue of 8 ............ of which the original and an attested copy are enclosed herewith.

The assignment of the trade mark was 9 (not) made otherwise than in connection with the goodwill of the business in which the mark9 (had been) (was) used 9 (and there is sent herewith copy of the Registrar's direction to advertise the assignment, a copy of each of the advertisements, complying therewith, and a statement of the dates of issue of any publications containing them) .

We declare that the facts and matters stated herein are true to the best of our knowledge, information and belief.

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

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

10SIGNATURE

11SIGNATURE

NAME OF SIGNATORIES IN LETTERS

The Registrar of Trade Marks

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

1. Full name, address, and nationality of registered proprietor, or other assignor or transmitter.

2. Full name, address and nationality of transferee.

3. Name of transferee

4. Description of transferee(calling or profession)

5. Address of the principal place of business in India, if any, of the transferee. If there is no place of business in India state the address of the place of residence in India.

If there is not even a place of residence in India state the address in the home country abroad and an address for service in India.

6. Additional numbers may be given in a signed schedule on the back of the Form

7. Date of acquisition of proprietorship

8. Full particulars of the instrument of assignment or transmission, if any, or statement of case.

9. Strike out any words not applicable

10. Signature of assignor or transmitter or of his agent

11. Signature of transferee or of his agent

12. 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-23 is used in India for the application to record a registered user or registered user agreement for a trademark. It allows individuals or entities other than the registered trademark owner to use the trademark under certain conditions. Here's a concise guideline for drafting Form TM-23 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-23: APPLICATION TO RECORD REGISTERED USER OR REGISTERED USER AGREEMENT."

Applicant Information: Provide the details of the registered user or the entity entering into the agreement, including name, address, and contact information.

Trademark Details: Describe the registered trademark to be used by the registered user, including the registration number and date.

Nature of Usage: Clearly state the nature and scope of the intended usage of the trademark by the registered user.

Registered User Agreement: If applicable, attach a copy of the registered user agreement.

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

Common Mistakes to Avoid:

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

Unclear Usage Description: Clearly specify the nature and scope of the intended usage, and ensure it aligns with the registered user agreement.

Missing Registered User Agreement: If required, include a copy of the registered user agreement to support the application.

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 registered user rules and requirements.

Filing Form TM-23 accurately is crucial when recording a registered user or registered user agreement for a trademark in India. Avoiding common mistakes enhances the likelihood of a successful recording and ensures that the trademark register accurately reflects the authorized usage.

Frequently asked questions

What is the purpose of Form TM-23 under the Trade Marks Act, 1999?→

Form TM-23 is a legal application used to obtain consent from the proprietor of a registered trademark or applicant for assignment to a company formed under a scheme of arrangement, amalgamation, or merger in India.

Is Form TM-23 valid for use in trademark proceedings in India?→

Yes, Form TM-23 is a prescribed form under the Trade Marks Rules, 2017, and holds full legal validity when filed with the Indian Trademark Registry.

Does filing Form TM-23 require stamp duty or court fees in India?→

Form TM-23 requires official government fees as per the Trademark Rules but no stamp duty; any accompanying assignment deed may need stamping under the Indian Stamp Act.

In what format can I download Form TM-23?→

Form TM-23 is available for free download in PDF format from the official IP India website; editable Word versions are offered by legal template providers.

Can I customize or edit Form TM-23 before submission?→

Yes, the form is customizable—download in Word format, edit details accurately as per your trademark assignment needs, and convert to PDF for filing in India.

When and who should use Form TM-23?→

Companies or applicants undergoing mergers, amalgamations, or schemes of arrangement should use Form TM-23 to seek trademark proprietor consent for assignment in India.