TM-37 Form Trademark Act 1999 Template

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FORM TM-37 OF THE TRADEMARK ACT, 1999

Need a reliable FORM TM-37 format under the Trade Marks Act, 1999 for seeking Registrar's approval for permitted use of your trademark? Download our ready-to-use, customizable FORM TM-37 sample in PDF or Word format today and ensure compliance with Indian trademark laws effortlessly.

What is FORM TM-37?

FORM TM-37 is an official application form prescribed under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017. It is used to obtain the Registrar of Trade Marks' approval under the proviso to Section 44(1). This provision allows a registered proprietor to permit the use of their registered trademark by another person or entity for the same or similar goods or services, without it being deemed an infringement. In essence, FORM TM-37 format is crucial for trademark licensing arrangements where the owner wants to authorize others to use their mark legally.

This form is particularly relevant in India, where trademark protection is governed by the Trade Marks Act, 1999. Businesses often require this approval to formalize agreements like franchise models, quality control setups, or exclusive distributorships, ensuring the permitted user doesn't face legal challenges.

Why is FORM TM-37 Important?

Submitting FORM TM-37 of the Trade Marks Act, 1999 is vital for protecting your intellectual property rights while enabling controlled use by third parties. Without the Registrar's approval, such use could lead to infringement claims, dilution of the mark's distinctiveness, or complications in enforcement. Key benefits include:

Legal Compliance: Meets statutory requirements under Section 44(1), avoiding penalties or opposition.
Risk Mitigation: Provides documented permission, safeguarding against disputes.
Business Expansion: Facilitates licensing, franchising, and partnerships seamlessly.
Court Validity: Registrar-approved permissions hold strong evidentiary value in legal proceedings.

In the competitive Indian market, using a precise FORM TM-37 sample ensures your application is processed efficiently by the Trade Marks Registry.

Key Elements of FORM TM-37 Format

A standard FORM TM-37 format must include the following essential sections to be accepted:

Applicant Details: Name, address, and status of the registered proprietor.
Trademark Particulars: Registration number, class of goods/services, and mark representation.
Permitted User Details: Name, address, and nature of relationship with the proprietor.
Nature of Use: Description of goods/services for which permission is sought, including conditions like quality control.
Affidavit: Supporting declaration verifying the facts.
Fee Payment: Details of prescribed fee (e.g., INR 1,000 for e-filing).
Supporting Documents: Copy of trademark certificate, agreement draft, etc.

Our customizable FORM TM-37 template incorporates all these elements, making it ready-to-use for Indian businesses.

Who Should Use FORM TM-37?

FORM TM-37 is ideal for:

Trademark owners planning to license their marks.
Companies entering franchise agreements.
Manufacturers authorizing distributors or affiliates.
Businesses in sectors like FMCG, pharmaceuticals, apparel, and IT services.

Whether you're a startup scaling operations or an established firm outsourcing production, this legal template streamlines compliance.

Download Your FORM TM-37 Format Now

Get instant access to our professional FORM TM-37 format in PDF/Word – free download available for basic version, with premium customizable options for just a few clicks. Tailor it to your needs and file confidently with the Indian Trade Marks Registry.

Final Note

While our FORM TM-37 sample is designed by legal experts to meet court and registry requirements, it's recommended to consult a trademark attorney for personalized advice. Customize as per your specifics and stay updated with any amendments to the Trade Marks Rules. Explore related formats like TM-16, TM-A, or trademark license agreements for comprehensive IP protection in India.

FORM TM- 37 OF THE TRADEMARK ACT, 1999

FORM TM-37

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: Rs.2500/- for each trade mark and for each separate class.

Application for the registration of series trade mark for goods or services (other than a collective mark or a certificate trade mark) in a class or for different classes from a convention country under sections 154(2) and 15(3), rule 25(11), 26 and 31,

(To be filled in triplicate accompanied by five additional representation of the trade mark)

One representation to be fixed within this space and five others to be sent separately. Representation of the larger size may be folded but must then be mounted upon linen or other suitable material affixed thereto.( See rule 28).

Application is hereby made for registration in the register of the accompanying

trade mark in class/classes ¹ .................................. in respect of ² ........................in the name(s) of

3 4

................... whose address is ....................... who claim (s) to be the proprietor(s) thereof

[and by whom the said mark is proposed to be used ⁵ or (and by whom and his (their) predecessor(s) in title ⁶ the said mark has been continuously used since ..........] in respect of the said goods or services.7

The application in a convention country to register the trade mark has been made in on

A certified copy certified by an official of the convention country in which the application was filed is enclosed (along with its translation in English).

I/We request that the trade mark may be registered with priority date based on the above mentioned application in a convention country under the provisions of Section 154 of the Act.

8.................................. ⁹................................

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

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

..SIGNATURE NAME OF SIGNATORY IN LETTERS.

The Registrar of Trade marks,

The office of the Trade Marks Registry at11.......................

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

2.Specify the goods or services for the class or classes 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 this limit. See rule 25(16). 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.

3. Insert legibly the full name, description (occupation and 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).

4. 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 carries 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.

5. Strike out if the mark is already in use

6. 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 8.

7. If there has been no use of the trade mark in respect of all the goods or services specified at 2, the items of goods pr services in respect of which the mark has actually been used should be stated.

8.For additional matter if required, otherwise to be left blank.

9.If colour combination is claimed, clearly indicate it and state the colours. If the application is in respect of a three dimensional mark, a statement to that effect (see rule 25 and 29).

8. 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 145)

9. State the name of the place of the appropriate office of the Trade Marks Registry. (See Rule

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Important Guidelines

Form TM-37 is used in India for the application for the rectification or correction of a clerical error in a registered trademark. It allows trademark owners to correct minor mistakes or inaccuracies in their registered trademark details. Here's a concise guideline for drafting Form TM-37 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-37: APPLICATION FOR RECTIFICATION/CORRECTION OF CLERICAL ERROR IN REGISTERED TRADEMARK."

Applicant Information: Provide your details, including name, address, and contact information.

Trademark Details: Describe the registered trademark requiring rectification, including the registration number and date.

Nature of Error: Clearly state the nature of the clerical error, specifying the incorrect and correct details.

Justification: Provide a valid justification or reason for the requested rectification.

Supporting Evidence: Attach any necessary documents or evidence that support your request for rectification.

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

Common Mistakes to Avoid:

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

Unclear Error Description: Clearly specify the nature of the clerical error and the correct information.

Failure to Justify Rectification: Provide a compelling reason for the requested rectification to avoid unnecessary delays.

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

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

Filing Form TM-37 accurately is crucial when requesting the rectification or correction of a clerical error in a registered trademark in India. Avoiding common mistakes enhances the likelihood of a successful rectification process and ensures that the trademark registration accurately reflects the intended details.

Frequently asked questions

What is Form TM-37 under the Trade Marks Act, 1999?→

Form TM-37 is the official application form used for renewing a registered trademark in India after the expiration of the grace period, as prescribed under the Trade Marks Rules, 2017.

When should I use Form TM-37 for trademark renewal?→

Use Form TM-37 if you are renewing your trademark registration more than 6 months after its expiry date. It allows late renewal with additional fees to the Trade Marks Registry.

Is Form TM-37 legally valid for trademark renewal in India?→

Yes, Form TM-37 is a legally valid and mandatory form issued by the Indian Trade Marks Registry for late renewals under the Trade Marks Act, 1999.

Do I need to pay stamp duty on Form TM-37?→

No stamp duty is required on Form TM-37. Renewal fees are paid online via the IP India portal or through challan, based on the trademark class and additional late fees.

In what format can I download Form TM-37?→

Form TM-37 is available for free download in editable Word/PDF format from the official IP India website, making it easy to customize before submission.

Can I edit or customize Form TM-37?→

Yes, the downloadable Form TM-37 is customizable. Fill in details like trademark number, class, and applicant information, then e-file it through the Trade Marks portal.