About this agreement
FORM-TM-39 OF THE TRADEMARK ACT, 1999
Need a precise Form TM-39 format under the Trade Marks Act, 1999 for handling partial trademark assignments in India? Download our customizable legal template in PDF or Word format today – ready to use, professionally drafted, and optimized for quick filing with the Trademark Registry.
What is Form TM-39 under the Trade Marks Act, 1999?
Form TM-39 is an essential official form prescribed in the Third Schedule of the Trade Marks Rules, 2017, corresponding to the Trade Marks Act, 1999. It is specifically used when a registered trademark is assigned partially – that is, the assignment does not cover all the goods or services for which the trademark is registered. Under Section 40(2) of the Act, the Registrar of Trademarks must provide directions on how such a partial assignment should be advertised to protect public interest and notify potential third parties of the change in ownership for specific goods/services only.
This Form TM-39 format ensures compliance with legal requirements for advertising partial assignments, preventing disputes and ensuring smooth transfer of rights. Whether you're a business owner, IP lawyer, or startup, having the correct Form TM-39 sample saves time and reduces errors during the trademark assignment process.
Why is Form TM-39 Important?
In India, trademarks are valuable intellectual property assets, and partial assignments are common in mergers, licensing deals, or business expansions. Filing Form TM-39 is crucial because:
- It mandates Registrar's approval for advertisement, safeguarding against invalid assignments.
- Non-compliance can lead to rejection of the assignment or legal challenges from affected parties.
- It provides legal certainty, essential for due diligence in commercial transactions.
- Helps maintain the integrity of the Trade Marks Register, benefiting all stakeholders.
Using a ready-to-use Form TM-39 format minimizes risks, ensures all statutory fees and enclosures are correctly referenced, and accelerates approval from the Trademark Office.
Key Elements of the Form TM-39 Format
Our professional Form TM-39 template includes all mandatory sections for seamless submission:
- Details of the Trade Mark: Registration number, class, and goods/services covered.
- Parties Involved: Full particulars of assignor (seller) and assignee (buyer), including addresses and legal status.
- Scope of Assignment: Clear description of goods/services being assigned (partial) and those not assigned.
- Registrar's Directions Sought: Request for specific advertisement instructions.
- Fee Payment: Reference to prescribed fees (check current IP India rates).
- Supporting Documents: Space for attaching deed of assignment, affidavits, or other proofs.
- Declaration and Signature: Verification by parties or authorized agents.
This comprehensive structure aligns with court and registry requirements, making it ideal for India-based filings.
Who Should Use Form TM-39?
- Business Owners and Companies: Engaging in partial trademark sales or transfers during partnerships or divestitures.
- IP Lawyers and Consultants: Handling client assignments efficiently.
- Startups and SMEs: Protecting brand assets while expanding product lines selectively.
- M&A Professionals: Conducting due diligence for partial IP transfers in corporate deals.
Common use cases include licensing trademarks for specific categories (e.g., assigning 'XYZ' mark for apparel but retaining for electronics) or settling business disputes via partial transfers.
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Important Note
While our Form TM-39 sample under the Trade Marks Act, 1999 is designed as a legal template for India, it is for informational purposes. Always consult a qualified trademark attorney for personalized advice, as laws may update (check ipindia.gov.in). Customize further with our AI tools or professional services. Explore related templates like Form TM-24 (Assignment Application), Form TM-16 (Renewal), or other trademark forms for comprehensive IP management.
Important Guidelines
Guidelines for Drafting FORM TM-39
Usage: FORM TM-39 is an essential document used in trademark law, primarily in India. It is employed for the application of the request for the amendment or alteration of a registered user agreement. Trademark owners and registered users use this form to request changes or alterations to their registered user agreements. Here are essential guidelines for drafting FORM TM-39:
Accurate Information: Ensure all information in FORM TM-39 is accurate, including the trademark's registration number, the details of the registered user agreement, and the specifics of the requested change.
Specify Amendment Type: Clearly state the type of amendment or alteration you are requesting in the registered user agreement, such as changes in the scope of use, territory, or other terms. Be precise and avoid ambiguity.
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 amendment or alteration of the registered user agreement.
Compliance: Familiarize yourself with the guidelines and procedures set by the Indian trademark office to ensure compliance with their specific requirements for registered user agreement amendments.
Common Mistakes to Avoid:
Inaccurate Information: Providing incorrect or incomplete details can lead to processing delays or errors in the amendment or alteration request.
Incorrect Fee: Ensure that the correct fee is paid, as mistakes in payment can result in processing issues.
Unclear Request: Failing to specify the type of amendment or alteration clearly can lead to confusion or incorrect changes.
Missing Supporting Documents: If any supporting documents are required, ensure they are included to avoid unnecessary complications.
Non-Compliance: Ignoring the specific regulations and requirements of the Indian trademark office can result in the rejection of the registered user agreement amendment or alteration request.
By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-39 in India to apply for amendments or alterations to your registered user agreement, ensuring that it accurately reflects the terms and conditions of trademark use and complies with trademark law.
Frequently asked questions
What is Form TM-39 under the Trade Marks Act, 1999?→
Form TM-39 is a legal document used to request search services, such as preliminary trademark availability search, from the Indian Trademark Registry under the Trade Marks Rules, 2017.
Is Form TM-39 legally valid in India?→
Yes, Form TM-39 is an official form prescribed under the Trade Marks Act, 1999, and holds full legal validity when submitted to the Trademark Registry in India.
Does filing Form TM-39 require stamp duty?→
No, Form TM-39 does not attract stamp duty; it requires only the official government fee payable to the Trademark Registry in India.
In what format can I download Form TM-39?→
Form TM-39 is available for download in editable Word and PDF formats, suitable for customization and direct use in India.
Can I edit or customize Form TM-39?→
Yes, this customizable Form TM-39 template allows editing of applicant details, search criteria, and other fields before filing with the Indian Trademark Office.
Who should use Form TM-39 and when?→
Trademark applicants, businesses, or agents in India should use Form TM-39 prior to filing a trademark application to check for similar existing marks.