TM-45 Form Template - Free PDF/Word Download India

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FORM TM-45 of the Trade Marks Act, 1999

Need the precise FORM TM-45 format under the Trade Marks Act, 1999 for your certification trade mark application? Our ready-to-use FORM TM-45 sample in PDF and Word formats simplifies your submission to the Indian Trade Marks Registry, ensuring compliance and saving you time.

What is FORM TM-45?

FORM TM-45 is an official form prescribed under the Trade Marks Rules, 2017, for applicants seeking to register a certification trade mark. It is used to request the Registrar of Trade Marks to conduct a search and issue a certificate under the proviso to sub-section (1) of Section 45 of the Trade Marks Act, 1999. Certification trade marks are unique identifiers that certify the origin, material, quality, accuracy, or other characteristics of goods or services, such as ISI marks or organic certifications.

This FORM TM-45 format is crucial in the initial stages of certification trade mark registration, helping proprietors like standards bodies, industry associations, or quality certification agencies verify mark availability before full application.

Why is FORM TM-45 Important?

Filing FORM TM-45 correctly is vital for avoiding procedural rejections and expediting the registration process. Under Indian trademark law, certification marks require this preliminary search certificate to proceed, ensuring no conflicting marks exist. It demonstrates due diligence, protects your brand's certifying authority, and upholds consumer trust. Non-compliance can lead to delays, additional costs, or outright refusal by the Registry, making a accurate FORM TM-45 format indispensable for businesses in competitive markets.

Key benefits include:

Legal compliance with Trade Marks Act requirements.
Quick search verification for mark viability.
Customizable template for easy adaptation to your specifics.
Ready-to-use for immediate e-filing via IP India portal.

Key Elements of the FORM TM-45 Format

A standard FORM TM-45 sample includes:

Applicant's Particulars: Name, address, nationality, and contact details of the person/body requesting the search.
Trade Mark Details: Representation of the certification mark (word, logo, or device) and class of goods/services.
Request Clause: Specific request for search and certificate issuance under Section 45(1) proviso.
Fee Details: Payment reference for the prescribed fee (check current IP India fees).
Verification/Declaration: Signed statement affirming the details and intent to use as certification mark.
Supporting Documents: Space for attaching mark representation and authorization if through agent.

Our downloadable FORM TM-45 legal template ensures all these sections are perfectly formatted for Registry acceptance.

Who Should Use FORM TM-45?

This form is essential for:

Quality certification organizations (e.g., BIS for ISI marks).
Industry associations certifying standards.
Businesses launching collective or certification marks in India.
Startups or companies entering regulated sectors like food (FSSAI), textiles, or organics.

Common use cases span civil filings for IP protection, business expansions, and compliance with court/company requirements in trademark disputes.

Download FORM TM-45 Format Now

Get instant access to our professional, customizable FORM TM-45 of the Trade Marks Act, 1999 in PDF/Word format. Perfect for free download seekers, but upgrade to premium for AI-customization or legal review options. Prepare your documents effortlessly and file confidently with the Trade Marks Registry.

Disclaimer and Next Steps

While this FORM TM-45 sample is designed as a ready-to-use legal template for India, it is recommended to consult a trademark attorney for personalized advice. Customize it further using AI tools or professional services. Explore related resources like other Trade Marks forms (TM-46, TM-A), trademark assignment agreements, or certification mark registration guides for comprehensive IP protection.

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FORM TM-45 OF THE TRADEMARK ACT, 1999

FORM TM-45

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: Rs.2500/-

Application to register a textile trade mark consisting exclusively of letter or numerals from a convention country.

section 18(1), 154(2) rule 25(6), 26, 144, and 145

(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 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 at 11........................

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

2.Specify the goods or services for the class 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 must 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 or 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).

10. 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-45 is used in India for the application for the removal of a trademark from the Register of Trademarks. It's typically employed when a trademark has been registered but is no longer in use or has become generic. Here's a concise guideline for drafting Form TM-45 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-45: APPLICATION FOR REMOVAL OF TRADEMARK FROM REGISTER."

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

Trademark Details: Describe the trademark you wish to remove from the register, including the registration number and date.

Reason for Removal: Clearly state the reasons for requesting the removal, such as non-use, genericity, or abandonment.

Supporting Evidence: Attach supporting documents or evidence that substantiate your claim for removal.

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

Common Mistakes to Avoid:

Incomplete Information: Fill out all sections accurately, ensuring no essential details are omitted.

Unclear Reasons for Removal: Clearly explain the reasons for requesting removal, providing specific details.

Lack of Supporting Evidence: Include all necessary documents or evidence that support your request for removal.

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

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

Filing Form TM-45 accurately is essential when seeking the removal of a trademark from the register in India. Avoiding common mistakes enhances the likelihood of a successful removal process and ensures the accurate representation of the trademark register.

Frequently asked questions

What is Form TM-45 under the Trade Marks Act, 1999?→

Form TM-45 is a legal document used in India to apply for rectification of the trademark register or removal of a trademark from the register on grounds of non-use, as prescribed under the Trade Marks Act, 1999.

Is Form TM-45 legally valid in India?→

Yes, Form TM-45 is an official form under the Trade Marks Rules, 2017, and holds legal validity when properly filed with the Trademark Registry in India.

Do I need to pay stamp duty for filing Form TM-45?→

No, stamp duty is not required for Form TM-45. It is filed with official fees payable to the Trademark Office in India, either online or offline.

In what format can I download Form TM-45?→

Form TM-45 is available for download in PDF and editable Word formats from official sources for convenient use in India.

Can I customize or edit Form TM-45?→

Yes, Form TM-45 is fully customizable. Download the Word version, edit details as needed, and save as PDF for submission to the Indian Trademark Registry.

Who should use Form TM-45 and when?→

Use Form TM-45 in India if you are an interested party seeking to rectify the register or remove an unused trademark after 5 years of non-use under Section 47 of the Trade Marks Act, 1999.