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FORM TM-28 of the Trade Marks Act, 1999

Need the Registrar's consent to assign your trademark to a company not yet formed? Get our customizable FORM TM-28 format under the Trade Marks Act, 1999, ready for instant download in PDF or Word format.

What is FORM TM-28?

FORM TM-28 of the Trade Marks Act, 1999, is an official application form prescribed under Rule 75 of the Trade Marks Rules, 2017. It is specifically designed for situations where a registered proprietor or applicant seeks the Registrar's approval to assign a trademark to a company that is either not yet incorporated or proposed to be formed. This form ensures compliance with Section 39 of the Act, preventing unauthorized assignments and protecting intellectual property rights in India.

In the fast-paced business environment, startups and entrepreneurs often need to transfer trademarks before their corporate entity is fully established. The FORM TM-28 format streamlines this by providing a structured way to request consent, avoiding delays or rejections in trademark registry proceedings.

Why is FORM TM-28 Important?

Obtaining the Registrar's consent via FORM TM-28 is crucial to validate trademark assignments involving unincorporated entities. Without it, the assignment could be deemed invalid, leading to loss of rights, disputes, or challenges during enforcement. Key legal requirements include demonstrating that the assignment is bona fide and in the public interest.

Using a professionally drafted FORM TM-28 sample ensures your application meets Trade Marks Registry standards, reducing processing time from months to weeks. It's essential for maintaining continuity of trademark protection during business restructuring, mergers, or pre-incorporation transfers.

Key Elements of FORM TM-28 Format

A complete FORM TM-28 legal template includes:

Applicant Details: Name, address, and status of the registered proprietor or applicant.
Trademark Particulars: Registration number, class, and mark description.
Assignee Information: Details of the proposed company, including name, proposed incorporation date, and promoters.
Assignment Details: Nature of assignment (with or without goodwill), consideration, and effective date.
Affidavit/Support Documents: Declaration affirming no adverse effects and supporting evidence like board resolutions.
Fee Payment: Reference to the prescribed fee under the First Schedule.

Our ready-to-use FORM TM-28 format incorporates all these sections, formatted precisely as per Indian trademark office guidelines.

Who Should Use FORM TM-28 Sample?

This form is ideal for:

Startups assigning trademarks pre-incorporation.
Businesses undergoing restructuring or mergers.
Investors transferring IP to new venture entities.
Legal professionals handling trademark portfolios in civil and commercial matters across India.

Whether for Delhi, Mumbai, or any regional Trade Marks Office, this versatile template suits pan-India use cases.

Download Your FORM TM-28 Template Now

Don't risk delays—download our premium, customizable FORM TM-28 format today. Available in editable Word and print-ready PDF formats for free preview or paid full access. Tailor it with AI assistance or consult our legal experts for personalized modifications.

Important Note

While our FORM TM-28 sample is crafted by experts to meet court and registry requirements, it's recommended to seek professional legal advice for your specific situation. Customize as needed and ensure all facts are accurate. Explore related templates like TM-23 (Joint Request for Assignment), TM-24 (Application for Directions), or other trademark forms for comprehensive IP management in India.

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FORM TM- 28 OF THE TRADEMARK ACT, 1999

FORM TM-28

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: See entries Nos. 32 and 33 of the First Schedule.

Application for registration of registered user.

Section 49 rule 80

(to be filed in triplicate accompanied by the agreement in writing between the registered proprietor and the proposed registered user or a duly authenticated copy thereof, the other documents mentioned in rule 80(1), an affidavit setting forth particulars and statements as required by rule 80(2) and by two copies of each of the aforesaid documents).

Application is hereby made by '.....................who is (or are) the registered proprietor(s) of Trade Mark(s)2....................registered in class .............. in respect of 3...............and by4.......... that the said5 ................may be registered as a registered user of the above mentioned registered trade mark(s) in respect of6 .................subject to the following conditions and restrictions7:-

8(The proposed permitted use is to end on the ..............day of ..........20..........) (The proposed permitted use is without limit of period).

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

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

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

10....................

NAME OF SIGNATORIES

NAME IN BLOCK LETTERS

The Registrar of Trade Marks

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

1. Insert full name, address and nationality of the registered proprietor

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

3. Here Insert the specification as in the register

4. Here insert the full name, description(calling or occupation, nationality and address of the principal place of business in India, if any, of the proposed registered user. 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

5. Insert name of proposed registered user

6. Insert designation of goods or services (which must be comprised within the specification)

7. Write none if there are no conditions or restrictions

8. Strike out the words that are not applicable

9. Signature of registered proprietor or of his agent

10.Signature of proposed registered user or of his agent

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

Guidelines for Drafting FORM TM-28

Usage: FORM TM-28 is a crucial document used in trademark law, primarily in India. It is employed for the application of the request for the removal of a trademark's collective mark or certification mark. Trademark owners and authorized users use this form to request the removal of a collective mark or certification mark from the trademark register. Here are essential guidelines for drafting FORM TM-28:

Accurate Information: Ensure all information in FORM TM-28 is accurate, including the trademark's registration number, the mark to be removed, and the reasons for removal.

Specify Removal Grounds: Clearly state the legal grounds for requesting removal, such as non-use, abandonment, or other valid reasons. Provide supporting evidence for your claim.

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

Supporting Documents: Attach any necessary supporting documents or evidence to substantiate your request for the removal of the collective mark or certification mark.

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.

Insufficient Evidence: Inadequate or irrelevant evidence can weaken your case for removal. Ensure your evidence directly supports your claim.

Unclear Removal Grounds: Failing to specify the legal grounds for removal clearly can lead to confusion or an incorrect outcome.

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-28 in India to apply for the removal of a collective mark or certification mark, ensuring that the trademark register accurately reflects the status of your intellectual property rights and complies with trademark law.

Frequently asked questions

What is Form TM-28 under the Trade Marks Act, 1999?→

Form TM-28 is a legal form prescribed under the Trade Marks Act, 1999 in India, used to request the Registrar of Trade Marks to furnish the address of the proprietor or registered user of a registered trade mark.

Is Form TM-28 legally valid for use in India?→

Yes, Form TM-28 is an official form under the Trade Marks Rules in India and holds full legal validity when filed correctly with the Trade Marks Registry.

Do I need to pay stamp duty or any fee for Form TM-28?→

No stamp duty is required for Form TM-28; only the prescribed government fee as per the Trade Marks Rules must be paid upon submission to the Registry in India.

In what format can I download Form TM-28?→

Form TM-28 is available for free download in PDF and editable Word formats from the official IP India website or trusted legal template providers.

Can I edit or customize Form TM-28 after downloading?→

Yes, the Word version of Form TM-28 is fully customizable; edit it to include specific trade mark details while ensuring compliance with Indian trademark laws.

Who should use Form TM-28 and when?→

Any individual or business in India seeking the address of a trade mark owner or licensee should use Form TM-28 when filing a formal request with the Registrar.