About this agreement

FORM TM-42 OF THE TRADEMARK ACT, 1999

Are you preparing a certification trade mark application in India and need a precise FORM TM-42 format under the Trade Marks Act, 1999? Get our ready-to-use, customizable legal template in PDF or Word format for quick download and effortless compliance.

What is FORM TM-42?

FORM TM-42 of the Trade Marks Act, 1999, is the official request form prescribed under the Trade Marks Rules, 2017. It is used to request the Registrar of Trade Marks to conduct a search and issue a mandatory certificate under the proviso to sub-section (1) of Section 45. This section pertains specifically to certification trade marks, which distinguish goods or services certified by the proprietor regarding origin, material, quality, accuracy, or other characteristics.

Without this certificate, your certification trade mark application cannot proceed to advertisement or registration. Our FORM TM-42 format ensures you submit all required details accurately, saving time and reducing rejection risks.

Why is FORM TM-42 Important?

In India, certification trade marks require prior Registrar approval via this form to verify compliance with legal standards. Key benefits include:

Legal Compliance: Meets Trade Marks Registry requirements under the 1999 Act.
Efficiency: Pre-filled structure speeds up preparation.
Risk Reduction: Avoids procedural errors that lead to objections or delays.
Professional Presentation: Enhances credibility with the Registrar.

Using a reliable FORM TM-42 sample or format is crucial for businesses establishing quality certifications, preventing costly refilings.

Key Elements of FORM TM-42 Format

Our customizable FORM TM-42 template includes all essential sections:

Applicant Details: Name, address, nationality, and legal status.
Trade Mark Representation: Clear depiction or description of the mark.
Class Specification: Goods/services classes covered by the certification.
Regulations Governing Use: Attached copy detailing certification criteria, testing, fees, and supervision.
Request for Certificate: Specific request under Section 45(1) proviso.
Fee Payment Details: Space for e-filing fees and proof.
Declaration and Signature: Authorized signatory verification.
Supporting Documents: Index for regulations and other annexures.

This ready-to-use structure aligns perfectly with court and Registry expectations in India.

Who Should Use FORM TM-42 of the Trade Marks Act, 1999?

This form is ideal for:

Businesses launching certification marks (e.g., ISI, AGMARK).
Organizations certifying product quality, organic standards, or geographical indications.
Startups and MSMEs entering the certification space.
Legal professionals handling IP portfolios for clients.

Common use cases include fair trade certifications, eco-labels, and industry standards in civil and commercial contexts.

Download FORM TM-42 Format Now

Ready for instant use? Download our professional FORM TM-42 legal template in editable Word or printable PDF format. Customize it with AI assistance or legal help, pay securely, and file confidently with the Trade Marks Registry.

Important Note

While our FORM TM-42 sample is designed for accuracy based on the latest Trade Marks Act, 1999, and Rules, 2017, it is a customizable template—not legal advice. Consult a trademark attorney for case-specific guidance. Explore related templates like TM-41, TM-43, or other trademark forms for comprehensive IP protection in India.

Keywords: FORM TM-42 free download India, TM-42 PDF Word format, certification trade mark request, Trade Marks Act 1999 template, ready to use TM-42.

FORM TM-42 OF THE TRADEMARK ACT, 1999

FORM TM-42

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: See entry No.47 of the First Schedule.

Request to amend or amend the deposited regulations governing the use of a collective mark or to alter the deposited regulation of a certification trade mark.

Section 66 or 74(2) rule 132(a), 140

(To be accompanied by two duplicates of the application and four copies of the regulations having the proposed amendment or alterations shown in red therein)

Application is made by' ...............................................................who is ( or are) the proprietor(s) of the Collective mark/Certification Trade Mark(s) Nos.[2 .........3 registered in class ........in respect of [4 ....... that the deposited regulations governing the use of the said marks may be amended or altered in the manner shown in red in the accompanying copies of the regulations as proposed to be amended or altered.

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. State name and address of the proprietor(s) as registered

2. If the same regulations apply to more than one registration of Collective Marks or Certification Trade Marks entered in the Register as associated marks, the numbers of all the registrations should be stated.

3. Additional numbers and specifications may be given in a signed schedule on the back of the form

4. State the specifications of the respective registrations

5. Signature

6. State the name of the place of the appropriate office of the Trade Marks Registry

(See rule 4).

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting FORM TM-42

Usage: FORM TM-42 is a significant document used in trademark law, primarily in India. It is employed for the application of the removal of a trademark's registration. Trademark owners use this form to request the cancellation or removal of their registered trademark from the trademark registry. Here are essential guidelines for drafting FORM TM-42:

Accurate Information: Ensure all information in FORM TM-42 is accurate, including the trademark's registration number, details of the registered owner, and the reasons for cancellation.

Specify Cancellation Reason: Clearly state the grounds for requesting the trademark's cancellation, such as non-use, abandonment, or other legal reasons. Provide evidence to support 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 cancellation.

Compliance: Familiarize yourself with the guidelines and procedures set by the Indian trademark office to ensure compliance with their specific requirements for trademark cancellation.

Common Mistakes to Avoid:

Inaccurate Information: Providing incorrect or incomplete details can lead to processing delays or errors in the cancellation request.

Incorrect Fee: Ensure that the correct fee is paid, as mistakes in payment can result in processing issues.

Unclear Cancellation Reason: Failing to specify the grounds for cancellation clearly can lead to confusion or incorrect cancellations.

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 cancellation request.

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-42 in India to apply for the cancellation or removal of your registered trademark, ensuring that your trademark registry accurately reflects the current status of your intellectual property rights and complies with trademark law.

Frequently asked questions

What is Form TM-42 under the Trade Marks Act, 1999?→

Form TM-42 is a legal form prescribed under the Trade Marks Act, 1999 in India for filing an application for rectification of the trademark register or removal of a trademark due to non-use under Section 47.

Is Form TM-42 legally valid in India?→

Yes, Form TM-42 is an official form notified by the Trademark Registry in India and holds full legal validity when properly filed with required fees and documents.

Does Form TM-42 require stamp duty or court fees?→

No, filing Form TM-42 does not require stamp duty; it involves official government fees paid online to the Intellectual Property India office via the e-filing portal.

In what format is Form TM-42 available for download?→

Form TM-42 can be downloaded in PDF format from the official IP India website; editable Word versions are available from legal template providers for easy customization.

Can I customize or edit Form TM-42?→

Yes, the Word format of Form TM-42 is fully customizable. Edit your details, ensure compliance with Indian trademark rules, and upload via the IP India portal.

Who should use Form TM-42 and when?→

Any aggrieved party or trademark owner in India should use Form TM-42 when applying to remove unused trademarks from the register to prevent misuse or clean the registry.