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FORM-TM-4 OF THE TRADEMARK ACT, 1999

Need a reliable FORM-TM-4 format for registering your collective or certification trademark in India? Our ready-to-use legal template simplifies the process, ensuring compliance with the Trade Marks Act, 1999.

What is FORM-TM-4?

FORM-TM-4 is the prescribed application form under Rule 125 of the Trade Marks Rules, 2017, for registering a collective mark or certification trade mark as per the Trade Marks Act, 1999. A collective mark identifies goods or services of members of an association, while a certification trade mark guarantees specific characteristics like quality, origin, or material. This FORM-TM-4 format is essential for businesses, associations, or certifying bodies filing with the Indian Trademark Registry to protect their intellectual property.

Using a standardized FORM-TM-4 sample ensures your application meets all statutory requirements, avoiding rejections due to incomplete or incorrect details. Whether you're an industry group standardizing products or a body certifying organic produce, this form is your gateway to trademark protection in India.

Why is FORM-TM-4 Important?

In today's competitive market, protecting collective and certification marks is crucial for brand integrity and consumer trust. Filing FORM-TM-4 correctly under the Trade Marks Act, 1999, grants exclusive rights, prevents misuse, and enhances market value. Non-compliance can lead to application refusals, delays, or oppositions, costing time and money. Our SEO-optimized FORM-TM-4 format in PDF or Word is designed for quick preparation, saving you hours of drafting.

Key benefits include:

Legal Compliance: Adheres to latest rules from the Intellectual Property India office.
Efficiency: Ready-to-use structure accelerates filing via e-filing portal.
Cost-Effective: Avoid lawyer fees for basic drafting with our customizable template.
Versatility: Suitable for diverse sectors like agriculture, textiles, handicrafts, and certifications (e.g., ISO, GI tags linkage).

Key Elements of FORM-TM-4 Format

A complete FORM-TM-4 sample must include:

Applicant Details: Name, address, legal status (association/body), nationality.
Type of Mark: Specify collective or certification trade mark.
Representation of Mark: Clear depiction or description, including color claims if any.
Goods/Services List: Class-wise classification under NICE Agreement.
Regulations Governing Use: Detailed rules for members' usage, quality control, supervision.
Declaration: Statement on proprietor's competence to certify goods/services.
Documents: Affidavit, regulations copy, consent if applicable, power of attorney.
Fee Details: Appropriate class fees as per schedule.

Our downloadable FORM-TM-4 format incorporates all these sections with placeholders for easy customization.

Who Should Use FORM-TM-4?

Trade associations or cooperatives launching collective marks (e.g., 'Darjeeling Tea' style).
Certification agencies for quality marks (e.g., ISI, Agmark, organic labels).
Businesses expanding into group branding or standardization.
Startups or SMEs in India seeking IP protection without heavy legal costs.

Common use cases span civil disputes prevention, business expansion, export compliance, and court recognitions.

Download Your FORM-TM-4 Format Today!

Get instant access to our professional FORM-TM-4 of the Trade Marks Act, 1999 template in editable Word or PDF format. Free download preview available—upgrade for full customization with AI assistance or legal expert review. Perfect for India-specific filings.

Important Note

While our FORM-TM-4 legal template is ready-to-use and customizable, it is not a substitute for professional legal advice. Consult a trademark attorney to tailor it to your unique needs and ensure compliance with current amendments. Explore related templates like FORM-TM-1, TM-3, or affidavit formats for comprehensive IP filings. Keywords: FORM-TM-4 free download India, TM-4 sample PDF, Trade Marks Act 1999 forms, customizable trademark application template.

FORM-TM-4 OF THE TRADEMARK ACT, 1999

FORM TM-4

THE TRADE MARKS ACT, 1999

Agents code No: Proprietors code No:

Fee Rs.10,000/-

Application for registration of a certification trade mark

( see section 71. rule 25(8) (a), 135

(To be filed in triplicate accompanied by five representation of the certification trade mark and three copies of the draft regulation in Form TM-49).

One representation to be fixed within this space and four others to be sent separately. Representation of a larger size may be folded but must then be mounted upon linen or other suitable material and affixed hereto: (see rule 28).

Application is hereby made for registration in the register of the accompanying certification trade mark in class[1] ...............in respect of[2] ......................in the name of [3]

.................... whose address is [4] ...................................................... The applicant(s) is (are) not carrying on business in the goods or services of the kind for which registration of the said Certification Trade Mark is sought.

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

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

5 .................

SIGNATURE

NAME OF SIGNATORY IN

LETTERS

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at [6]

1. Registrar's direction may be obtained if the class is not known.

2. Specify the goods or services.

1. Insert the full name, description (occupation, calling and nationality) of the applicant. If the applicant is a body corporate, the nature and country of incorporation should be stated. (See rule 16).

2. Insert the full address of the applicant. [Address of the principal place of business or of residence in India, if any or address for service in India together with the address in the home country abroad].

5. 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).

6. State the name of the place of the appropriate office of the Trade Marks Registry-( See rule 4).

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Important Guidelines

Form TM-4 is used in India for the application to restore a removed trademark to the register. It allows trademark owners to request the reinstatement of their trademark after it has been removed due to non-renewal. Here's a concise guideline for drafting Form TM-4 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-4: APPLICATION FOR RESTORATION OF REMOVED TRADEMARK TO THE REGISTER."

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

Trademark Details: Describe the removed trademark, including the registration number and date.

Reason for Restoration: Clearly state the reasons for requesting the restoration, such as unintentional non-renewal.

Supporting Documents: Attach any relevant documents or evidence that support your request for restoration.

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

Common Mistakes to Avoid:

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

Unclear Restoration Reason: Clearly specify the reasons for requesting restoration and provide supporting evidence.

Missing Supporting Documents: Include all necessary documents or evidence to substantiate your request for restoration.

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

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

Filing Form TM-4 accurately is essential when requesting the restoration of a removed trademark in India. Avoiding common mistakes enhances the likelihood of a successful restoration process and allows your trademark to regain its protection status.

Frequently asked questions

What is Form TM-4 under the Trade Marks Act, 1999?→

Form TM-4 is a legal form used in India for applying for registration of a trademark as a subsequent proprietor on the same or substantially the same goods or services under the Trade Marks Act, 1999.

Is Form TM-4 valid for trademark applications in India?→

Yes, Form TM-4 is an official statutory form prescribed by the Trade Marks Rules, 2017, and is legally valid for filing with the Trademark Registry in India.

Who should use Form TM-4 and when?→

Subsequent proprietors or assignees of a trademark should use Form TM-4 when seeking registration of the transferred trademark for identical or similar goods/services in India.

In what format is Form TM-4 available for download?→

Form TM-4 can be downloaded in editable Word and non-editable PDF formats from the official IP India website for free.

Can I edit or customize Form TM-4?→

Yes, the Word version of Form TM-4 is fully customizable; edit your details, sign, and submit to the Trademark Registry in India.

Does filing Form TM-4 require stamp duty in India?→

Form TM-4 itself does not require stamp duty, but any accompanying trademark assignment deed must be stamped as per Indian Stamp Act provisions.