About this agreement
FORM TM-36 OF THE TRADEMARK ACT, 1999
Are you looking for a reliable FORM TM-36 of the Trade Marks Act, 1999 format to request a certificate from the Registrar for trademark assignments or rectifications in India? Our ready-to-use, customizable legal template in PDF or Word format simplifies compliance with Indian trademark laws, saving you time and ensuring accuracy.
What is FORM TM-36 under the Trade Marks Act, 1999?
FORM TM-36 is an official form prescribed under the Trade Marks Rules, 2017, corresponding to the Trade Marks Act, 1999. It is used to apply for a certificate from the Trade Marks Registrar under the proviso to sub-section (1) of Section 40 or under Section 139. This form is crucial when seeking confirmation that an assignment or transmission of a trademark does not require the consent of a registered user, or to record rectification orders passed by the Intellectual Property Appellate Board (IPAB) or the Registrar in the trademark register.
In essence, this legal template helps trademark owners, assignees, or agents formally request essential certifications that validate changes in trademark ownership or status, ensuring the register reflects accurate and up-to-date information as per Indian IP laws.
Why is FORM TM-36 Format Important?
Filing FORM TM-36 is vital for maintaining the integrity of the trademark register in India. Under Section 40(1), assignments of registered trademarks without goodwill require a certificate from the Registrar if there are registered users, preventing unauthorized transfers that could harm existing rights. Section 139 mandates recording rectification orders to keep the register current.
Using a professionally drafted FORM TM-36 sample ensures compliance, reduces rejection risks from the Trademark Registry, and speeds up processing. It's especially important in business mergers, acquisitions, licensing deals, or disputes where trademark validity is at stake. Non-compliance can lead to invalid assignments, legal challenges, or loss of exclusive rights, making this free download option a smart choice for startups, SMEs, and enterprises.
Key Elements of FORM TM-36 of the Trade Marks Act, 1999
A standard FORM TM-36 format includes the following essential sections to meet court and registry requirements:
- Applicant Details: Full name, address, and contact information of the applicant (proprietor, assignee, or agent).
- Trademark Particulars: Trade Mark number, class, and details of the mark.
- Request Type: Specification if under proviso to Section 40(1) or Section 139, with supporting grounds.
- Affidavit or Evidence: Attached declarations confirming no registered users or details of rectification order.
- Fee Payment Details: Reference to prescribed fees under the First Schedule.
- Declaration and Signature: Signed by the applicant or authorized representative.
Our customizable template pre-fills these elements, making it ready to use for e-filing via the IP India portal.
Who Should Use FORM TM-36 Template?
This form is indispensable for:
- Trademark proprietors assigning marks without goodwill.
- Businesses undergoing mergers or acquisitions involving IP transfers.
- Legal professionals handling rectification of erroneous register entries.
- Startups and companies in India protecting brand assets during ownership changes.
Common use cases include commercial agreements, franchising, and IP portfolio management across industries like manufacturing, IT, pharma, and e-commerce.
Download FORM TM-36 of the Trade Marks Act, 1999 Now!
Get instant access to our SEO-optimized, lawyer-vetted FORM TM-36 format in PDF/Word for free download or premium customization. Tailor it to your needs with AI assistance or professional legal help. Perfect for quick e-filing and compliance.
Important Note
While our ready-to-use legal templates are designed for convenience, they should be reviewed by a qualified trademark attorney for specific cases. Customize as per latest Trade Marks Rules amendments. Explore related formats like TM-16, TM-24 for comprehensive trademark management in India. Ensure your IP strategy is robust—download today!
Important Guidelines
Form TM-36 is used in India for the request for the extension of time to file a counter-statement in response to a notice of opposition in trademark proceedings. This form is vital for trademark applicants who need additional time to prepare and file their counter-statement. Here's a concise guideline for drafting Form TM-36 and avoiding common mistakes:
Usage:
Heading: Title it as "FORM TM-36: REQUEST FOR EXTENSION OF TIME TO FILE COUNTER-STATEMENT."
Applicant Information: Provide the applicant's details, including name, address, and contact information.
Trademark Details: Describe the trademark application and opposition proceeding, including the application number and date of the notice of opposition.
Reason for Extension: Clearly explain the reasons for requesting the extension, such as the need for additional legal counsel or evidence gathering.
Proposed Extension Duration: Specify the duration of the extension required, ensuring it aligns with the relevant regulations.
Declaration: Sign and date the declaration confirming the accuracy and authenticity of the extension 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 extension request, demonstrating a genuine need for more time.
Failure to Specify Duration: Be precise when stating the duration of the extension required.
Incorrect Classification: Verify that the application details align with official records to avoid delays.
Failure to Sign and Date: Properly sign and date the declaration to validate the extension request.
Lack of Legal Advice: Seek professional guidance to ensure compliance with trademark opposition rules and requirements.
Filing Form TM-36 accurately is crucial for securing an extension of time to respond to a trademark opposition in India. Avoiding common mistakes enhances the likelihood of a successful request and enables trademark applicants to prepare a robust counter-statement effectively.
Frequently asked questions
What is Form TM-36 under the Trade Marks Act, 1999?→
Form TM-36 is a legal form prescribed under the Trade Marks Rules in India for applying to restore a trademark removed from the register due to non-use under Section 47(1)(b) of the Trade Marks Act, 1999.
Is Form TM-36 legally valid for use in India?→
Yes, Form TM-36 is an official document from the Trademark Registry of India and holds full legal validity when filed correctly with required fees and documents.
Do I need to pay stamp duty or court fees for filing Form TM-36?→
No stamp duty is required for Form TM-36, but a specific government fee as per the Trade Marks Rules must be paid to the Indian Trademark Office upon submission.
In what format can I download Form TM-36?→
Form TM-36 is available for free download in PDF format from the official IP India website; editable Word versions can be obtained from legal template providers.
Can I customize or edit Form TM-36 before filing?→
Yes, Form TM-36 is customizable—edit fields like applicant details, trademark number, and justification for restoration to suit your case before submission.
Who should use Form TM-36 and when?→
Trademark proprietors in India should use Form TM-36 if their mark was removed for non-use, applying within one year of knowledge or three years from removal, whichever is earlier.