Form TM-24 Trademark Act 1999 Template

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Form TM-24 of the Trade Marks Act, 1999

Need a reliable Form TM-24 format under the Trade Marks Act, 1999 for India? Get your ready-to-use, customizable legal template in PDF or Word format to streamline your trademark joint applicant approval process.

Form TM-24 is an official document prescribed under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, specifically for filing an application seeking the Registrar's approval for a joint applicant in trademark registration proceedings. In the competitive world of intellectual property protection in India, this form plays a crucial role when multiple parties wish to apply for a trademark jointly but require explicit permission from the Trade Marks Registry. Whether you're partnering with another entity for branding or expanding your business collaborations, using the correct Form TM-24 format ensures compliance and avoids procedural delays.

Why is Form TM-24 Important?

Submitting Form TM-24 is essential for legally validating joint trademark applications. Under Section 23 of the Trade Marks Act, 1999, joint applicants must obtain prior approval from the Registrar if they are not already co-proprietors. This prevents unauthorized joint filings and upholds the integrity of the registration process. Failing to use the proper Form TM-24 format can lead to rejection of your trademark application, costly reapplications, or even loss of priority dates. It's particularly vital in business scenarios involving partnerships, franchises, or licensing agreements where shared trademark rights are involved. By downloading our free Form TM-24 sample in India-compliant PDF/Word format, you save time and ensure your application meets all court and registry requirements.

Key Elements of Form TM-24 Format

A standard Form TM-24 under the Trade Marks Act, 1999 includes the following critical sections:

Applicant Details: Full name, address, nationality, and status of each joint applicant.
Trademark Details: Reference to the trademark application number, class, and goods/services covered.
Joint Applicant Information: Particulars of the proposed joint applicant, including their relationship with the original applicant.
Grounds for Approval: Justification for joint application, such as business partnership or mutual interest.
Declaration and Verification: Signed statement affirming the accuracy of information and consent for joint filing.
Fee Details: Payment particulars as per the schedule (currently INR 1,000 for e-filing).
Supporting Documents: Attachments like power of attorney, partnership deeds, or affidavits if required.

Our customizable Form TM-24 template incorporates all these elements, making it ready to use for immediate filing via the IP India portal.

Who Should Use Form TM-24?

This legal template is ideal for:

Business Partnerships: Companies entering joint ventures needing shared trademark rights.
Franchisors and Franchisees: For collaborative branding initiatives.
Licensing Agreements: Parties formalizing trademark usage terms.
Startups and MSMEs: Scaling operations with co-applicants in India.
Law Firms and IP Consultants: Offering efficient client services.

Common use cases span industries like manufacturing, e-commerce, FMCG, and IT, where protecting brand identity collaboratively is key.

Download Your Form TM-24 Format Today

Don't let procedural hurdles delay your trademark protection. Download our free Form TM-24 sample in PDF or editable Word format now. Customize it effortlessly to fit your specific needs and file confidently with the Trade Marks Registry.

Important Note

While our Form TM-24 format is designed to meet all legal requirements under the Trade Marks Act, 1999, it's recommended to consult a trademark attorney for personalized advice. This template serves as a starting point for your India-specific filings. Explore related resources like Form TM-A, Form TM-M, or other trademark legal templates for comprehensive IP management. Keywords: Form TM-24 free download India, TM-24 format PDF, Trade Marks Act 1999 sample, customizable trademark forms.

FORM TM- 24 OF THE TRADEMARK ACT, 1999

FORM TM-24

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: See entries Nos. 27 and 28 of the First schedule.

Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title

Section 45, rule 68.

I, (or We)'

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

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

hereby request that my (or our ) name may be entered in the Register of Trade Marks as proprietor of trade (s) No.(s)2........... in class ....................... as from the 3..................

I am (or we are) entitled to the trade mark (s) by virtue of 4

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

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

of which the original and an attested copy are enclosed herewith.

The assignment of the trade mark was 5 (not) made otherwise than in connection with the goodwill of the business in which the mark (had been)(was) used 5(and there is sent herewith a copy of the Regsitrar's direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of the issue of any publications containing them).

I (or We) declare that the facts and matters stated herein are true to the best of my (or 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.........

6...........................

SIGNATURE

NAME OF SIGNATORY IN LETTERS

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at 7...............

1. Insert full name, address of the principal place of business in India, if any, nationality and description of the applicant. If there is no place of business in India, state the address of the place of residence in India if any. 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.

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

3. State the date of acquisition of proprietorship

4. Insert full particulars of the instrument of assignment or transmission, if any, or statement of case

5. Strike out any words not applicable (see rule 75)

6. Signature of transferee or of his agent

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

See Rule 4

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Important Guidelines

Guidelines for Drafting FORM TM-24

Usage: FORM TM-24 is a crucial document used in trademark law for the assignment or transmission of trademark rights. It is typically filed with the relevant trademark office to record changes in ownership or the transfer of trademark rights from one party to another. Here are some essential guidelines for drafting FORM TM-24:

Accurate Information: Ensure that all details provided in FORM TM-24 are accurate, including the names and addresses of the parties involved, the trademark details (including registration number), and the nature of the assignment (whether it's a full or partial assignment).
Clear Language: Use clear and concise language. Avoid ambiguity or jargon that could lead to misunderstandings or complications in the future.
Signature and Date: Obtain the signatures of both the assignor (current owner) and the assignee (new owner) on the form. Include the date when the assignment was executed.
Witness and Notarization: Depending on jurisdictional requirements, you may need to have the form witnessed by a notary public or other authorized personnel. Check your local trademark office's rules and regulations for specific requirements.
Submit on Time: Be aware of deadlines for filing FORM TM-24. Missing deadlines can result in the rejection of the assignment or additional fees.

Common Mistakes to Avoid:

Incomplete Information: Missing or inaccurate details on the form can lead to delays or rejections. Double-check all information before submission.
Failure to Notify: Some jurisdictions require notifying the other party involved in the assignment. Failure to do so may result in legal issues.
Incorrect Filing: Ensure you file FORM TM-24 with the correct trademark office that holds the registration.
Ignoring Local Regulations: Different jurisdictions may have varying rules and requirements for trademark assignments. Research and comply with local regulations.
Consult Legal Counsel: For complex assignments or in case of doubts, consult legal counsel experienced in trademark law to avoid costly mistakes.

Following these guidelines and avoiding common mistakes will help streamline the trademark assignment process and protect the interests of all parties involved.

Frequently asked questions

What is Form TM-24 under the Trade Marks Act, 1999?→

Form TM-24 is a legal document used in India to apply for restoration of a trademark removed from the register for non-payment of renewal fee, as per the Trade Marks Rules, 2017.

When should I use Form TM-24 for trademark restoration in India?→

Use Form TM-24 if your trademark was removed from the Indian register due to unpaid renewal fees and you wish to restore it within one year from the removal date.

Is Form TM-24 legally valid across India?→

Yes, Form TM-24 is an official form under the Trade Marks Act, 1999, legally valid for filing with the Trademark Registry in India.

Does Form TM-24 require stamp duty in India?→

No, Form TM-24 does not attract stamp duty; only official government fees apply for filing the restoration application.

Can I download Form TM-24 in PDF or editable Word format?→

Yes, download Form TM-24 in PDF from the IP India website; customizable Word templates are available for editing before filing.

How do I customize and file Form TM-24?→

Fill in trademark details, applicant information, and grounds for restoration in the customizable form, then file online via the IP India portal with fees and documents.