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Form TM-5 Format under Trade and Merchandise Marks Act, 1958

Need a reliable Form TM-5 Format under the Trade and Merchandise Marks Act, 1958 for registering your textile mark in India? Download our ready-to-use, customizable template today and streamline your trademark application process.

What is Form TM-5 under the Trade and Merchandise Marks Act, 1958?

Form TM-5 is the official prescribed format used for filing an application to register a textile mark with the Registrar of Trade Marks in India. Governed by the Trade and Merchandise Marks Act, 1958 (now largely superseded by the Trade Marks Act, 1999, but still relevant for certain legacy or specific textile mark registrations), this form is essential for businesses in the textile sector seeking legal protection for their distinctive marks on fabrics, yarns, and related products.

Textile marks differ from conventional trademarks as they denote the characteristics of textiles, such as thread count, weave type, color combinations, or other identifiable features. Using the correct Form TM-5 format ensures your application complies with the legal requirements set by the Indian Patent Office, minimizing the risk of rejection.

Why is Form TM-5 Important?

Registering a textile mark via Form TM-5 provides exclusive rights to use your mark, preventing competitors from copying it. In India's booming textile industry—valued at billions and employing millions—this protection is crucial for maintaining brand integrity, especially for exports to international markets.

Key benefits include:

Legal Safeguard: Shields against infringement and unauthorized use.
Market Advantage: Builds consumer trust and differentiates your products.
Compliance Assurance: Meets court and company requirements under Indian trademark law.
Cost-Effective: Avoids penalties from improper filings.

Without proper registration using the Form TM-5 format, your business risks losing intellectual property rights, leading to financial losses and legal disputes.

Key Elements of Form TM-5 Format

A standard Form TM-5 legal template includes the following essential sections:

Applicant Details: Full name, address, nationality, and legal status (individual, firm, company).
Mark Representation: Clear depiction or description of the textile mark, including specifications like yarn type, color codes, and dimensions.
Goods Specification: Details of textiles covered, classified under Schedule IV (e.g., cotton fabrics, silk, etc.).
Priority Claim: If claiming convention priority from foreign applications.
Declaration and Signature: Affidavit-like statement verifying the originality of the mark.
Power of Attorney: If filed through an agent.
Fee Details: Payment proof for the prescribed government fee.

Our Form TM-5 sample in PDF or Word format is fully editable, ensuring you can fill it accurately for submission.

Who Should Use Form TM-5 Format?

This form is ideal for:

Textile manufacturers and weavers in India.
Garment exporters dealing in marked fabrics.
Fashion brands protecting proprietary textile designs.
Small businesses entering the competitive textile market.

Whether you're in civil disputes over mark usage or expanding commercially, the Form TM-5 format is a must-have for trademark filings under the 1958 Act provisions.

Download Your Customizable Form TM-5 Today!

Get instant access to our professional Form TM-5 format for free download in India—available in PDF and Word formats. Ready-to-use and customizable with AI tools or legal assistance, it's designed for quick preparation and filing.

Important Note

While our Form TM-5 template under Trade and Merchandise Marks Act, 1958 is legally compliant and ready to use, it's recommended to consult a trademark attorney for personalized advice. Customize it further for your specific needs, and explore related legal templates like TM-1, TM-16, or other trademark forms for comprehensive IP protection.

Protect your textile brand now—download the Form TM-5 sample and secure your rights! (Word count: 528)

FORM TM - 5 TRADE AND MERCHANDISE MARKS ACT, 1958

Non-Judicial

Form TM - 5

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of Opposition to Application for registration of a Trade Mark, Section 21 (1), Rules 51 (2)

IN THE MATTER of Application No?????..(??????.) in Class ??? in the name of ????????. and ???????.., ?????????.

AND

In the matter of Opposition thereto by ??????????????????.

We, Rallis India Limited, a Company incorporated under the Indian Companies Act, 1913 and having its registered office at ??????????. in the State of ????????., hereby give notice of our intention to oppose the Trade Mark advertised under the above number in Class 5 in the Trade Marks Journal No.1143 dated ??? 20 ?????.. at Page No.1414.

The grounds of opposition are as follows :

1. That we are the well known manufacturers and merchants of Medicinal and Pharmaceutical preparations for past many years.

2. We are carrying on a well established business as manufacturers, marketers and distributors of interalia medicinal and pharmaceutical preparations from over more than 3 decades and herbal formulations from last several years.

3. We are marketing and distributing our whole range of products through our wide net work of dealers, chemists and stockists in India and abroad under various Trade Marks. Our products bearing the various trade marks enjoy high reputation and goodwill throughout the country.

4. The applicants have applied for registration of trade mark ............... in class 5 in respect of medicinal and Pharmaceutical preparations which is deceptively similar to our trade mark ................ The adoption by the applicants of the impugned trade mark ............... is dishonest and fraudulent, actuated by malafide intention. It is apparent that the applicants have adopted the trade mark ............... solely with the intention of coming as close as possible to our trade mark ................ The registration of the impugned mark would, therefore, be a negation of the mandate enshrined in the Preamble to the Act which reads as follows;

?An Act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise?.

The mark applied for registration is neither adapted to distinguish nor capable of distinguishing the applicants? goods.

5. As the trade mark for which registration is being sought by the applicants is deceptively similar to our trade mark ............... and the goods are also identical and/ or of the same description for which our trade mark is applied, registration of the impugned trade mark would be prohibited under Section 12 (1) of the Act.

6. The use of the trade mark ............... would cause confusion and deception in the minds of the medical practitioners, chemists and the consuming public. The prefix RAL used in the mark resembles the prefix of the corporate name of our Company Moreover, the Company is using and is the proprietor of the Trade Marks commencing with the prefix RAL :

SR. NO.	TRADE MARK NAME	REGISTRATION NO.
1	2	3

The suffix BEN is phonetically similar to the suffix of our trade mark ................ The overall impression of the Trade Mark for which the applicants are seeking registration is such that it can easily be mistaken and confused with our aforesaid Trade Mark. Alternatively, it is likely to be mistaken as another Trade Mark of our Company.

6. The impugned mark does not qualify for registration under section 9 of the Act as the same is neither distinctive nor capable of distinguishing the goods of the Applicants. The applicants cannot claim any proprietorship in respect of the impugned mark as the same has been copied and adopted by the applicants with a dishonest intention which would cause confusion amongst the medical practitioners, chemists, stockists and the consuming public leading to passing off.

7. That the goods in respect of which the applicants are seeking Registration are the goods of the same and/ or similar description to the goods in respect of which our Trade Mark aforesaid is pending for registration.

8. That the mark in respect of which the Applicants are seeking registration consists of the word ............... and is identical in class 05 in respect of Medicinal and Pharmaceutical preparations which is deceptively similar to our Trade Mark ................

9. The channels of trade of the applicants? goods and the goods in respect of which our Trade Mark will be used would be the same.

10. The applicants are not the proprietors of the mark applied for registration within the meaning of Section 18(1) of the Act.

11. The mark now sought to be registered is not adopted to distinguish the applicants? goods and is also not capable of distinguishing the applicants? goods.

12. The registration of the applicants? mark which forms the subject of the present application, will be contrary to the provisions of Section 9, 11(a), 11(e), 12(1) and 18(1) of the Act.

13. The mark applied for registration was admittedly proposed to be used as on the date of advertisement of the mark and therefore, no hardship will be caused to the Applicants if the application is withdrawn and they give an undertaking not to use the mark in future.

14. The foregoing constitutes sufficient grounds for the exercise of the Registrars? discretion in our favour.

15. For the reasons stated in the preceding paragraphs, we pray:

(a) That the Application No.591620 in class 5 be refused.

(b) We also ask for costs.

All communications in connection to these proceedings may be sent to the following address in India:-

Address ?????..

?????????

????????..

To:

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ????..

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Important Guidelines

Form TM-5 is used in India under the Trade and Merchandise Marks Act, 1958 for the purpose of requesting a search and preliminary advice regarding a trademark. Here's a guideline for filling out Form TM-5 and

Common Mistakes to Avoid:

Applicant Details: Start by providing the applicant's name, address, and nationality. Ensure this information is accurate and up to date.

Proposed Trademark: Describe the proposed trademark in detail, including any specific logo or stylization if applicable. Ensure that the trademark is unique and not infringing on existing marks.

Goods/Services Description: Clearly list the goods or services for which you intend to use the trademark. Be precise and specific to avoid any ambiguity.

Class of Trademark: Specify the class or classes under which you want to register your trademark. It's essential to select the correct class to protect your mark in the relevant category.

Preliminary Advice: If you are seeking preliminary advice on the registrability of your trademark, be clear about the issues or concerns you want to address.

Common Mistakes to Avoid:

Inaccurate Information: Ensure that all the details provided are accurate and current, as incorrect information can lead to registration issues.

Lack of Uniqueness: Conduct a thorough trademark search before filing Form TM-5 to ensure that your proposed trademark is unique and does not infringe on existing trademarks.

Incorrect Classification: Choosing the wrong class can result in your trademark not being protected in the intended category.

Vague Description: Avoid vague descriptions of goods or services, as it can lead to difficulties in the registration process.

Incomplete Forms: Ensure that all sections of the form are filled out completely. Incomplete forms may lead to delays or rejections.

Filling out Form TM-5 accurately and ensuring your proposed trademark is distinctive and appropriately classified is crucial to securing trademark protection in India. Seeking legal counsel or conducting a comprehensive trademark search can be beneficial to avoid potential issues during the registration process.

Frequently asked questions

What is Form TM-5 under the Trade and Merchandise Marks Act, 1958?→

Form TM-5 is a legal form used for requesting a search of the trademark register and issuance of a certificate under the Act in India. It helps in verifying trademark availability before formal application.

Is Form TM-5 still valid for trademark filings in India?→

The 1958 Act was replaced by the Trade Marks Act, 1999. Use updated forms like TM-M for current use; this customizable template is ideal for reference or historical legal purposes in India.

Does Form TM-5 require stamp duty or court fees in India?→

No stamp duty or court fees are applicable for Form TM-5. Only prescribed government fees are payable to the Trademark Registry upon filing.

In what format can I download Form TM-5?→

Download Form TM-5 as an editable Word document or PDF format, suitable for printing and immediate use in India.

Can I edit and customize Form TM-5?→

Yes, this legal agreement template is fully customizable. Edit details like applicant information and mark description in Word before submission.

Who should use Form TM-5 under the Trade and Merchandise Marks Act?→

Businesses, individuals, or agents in India planning trademark registration and needing a preliminary search certificate should use this downloadable form.