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FORM TM-52 OF THE TRADEMARK ACT, 1999

Need a ready-to-use FORM TM-52 of the Trade Marks Act, 1999 format for requesting a trademark search and certification in India? Download our customizable legal template in PDF or Word format today and streamline your intellectual property process effortlessly.

What is FORM TM-52 of the Trade Marks Act, 1999?

FORM TM-52 is an official form under Rule 32 of the Trade Marks Rules, 2017, read with the Trade Marks Act, 1999. It is used to file a request for the search of a trademark and issuance of a search certificate by the Trade Marks Registry in India. This preliminary search helps applicants gauge the availability and registrability of their proposed mark before proceeding with a full trademark application via Form TM-A. Whether you're a startup, business owner, or legal professional, having the correct FORM TM-52 format ensures compliance with Indian trademark laws and avoids procedural delays.

Why is FORM TM-52 Important?

In the competitive world of branding, securing a unique trademark is crucial. Filing FORM TM-52 provides an official search report that identifies similar or identical marks already on record, helping you avoid conflicts, refusals, or oppositions later. It's particularly vital under Indian law, where the Trade Marks Registry examines applications rigorously. Key benefits include:

Early Detection of Conflicts: Spot potential issues before investing in a full application.
Cost-Effective: Cheaper than a full examination; fees start from INR 1,000 per class.
Time-Saving: Receive a certificate within weeks, aiding faster market entry.
Legal Compliance: Meets court and registry requirements for preliminary advice.

Using a professional FORM TM-52 sample or format minimizes errors, ensuring your request is processed smoothly by offices in Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad.

Key Elements of FORM TM-52 Format

A standard FORM TM-52 of the Trade Marks Act, 1999 template includes these essential sections:

Applicant's Particulars: Name, address, nationality, and legal status (individual, company, LLP, etc.).
Trademark Representation: Clear depiction of the mark (word, logo, device) with size specifications.
Class Details: Specify goods/services classes under NICE Classification (up to 45 classes possible).
Nature of Search: Request for identical/similar marks search.
Authorization: Details of agent/attorney if applicable.
Fee Payment: Proof of payment via challan or online.
Declaration and Signature: Verification by applicant or authorized signatory.

Our ready-to-use FORM TM-52 legal template incorporates all these elements, formatted precisely as per the latest Trade Marks Rules for easy e-filing via IP India portal.

Who Should Use FORM TM-52?

This form is ideal for:

Businesses and Startups: Launching new brands or products in India.
Entrepreneurs: Checking mark availability for e-commerce or exports.
IP Lawyers and Firms: Handling client trademark searches efficiently.
Companies: Protecting logos, slogans, or company names across industries like IT, pharma, FMCG, and more.

Common use cases include pre-filing searches in civil disputes, mergers, or franchise agreements where trademark clearance is required.

Download FORM TM-52 Format Now!

Get instant access to our premium FORM TM-52 of the Trade Marks Act, 1999 in editable Word or printable PDF format. Customize it with AI tools or professional legal help for your specific needs. Perfect for free download alternatives with added value—paid for quality and updates.

Customization, Legal Advice, and More

While our FORM TM-52 sample is fully customizable and ready to use, it's recommended to consult a trademark attorney for complex cases. This template is not a substitute for professional legal advice. Explore related formats like Form TM-55 (Request for search-extension), TM-A (Application for Registration), or affidavit formats for oppositions. Keywords: trademark search India, TM-52 PDF download, Trade Marks Act forms, legal templates India, customizable trademark forms.

FORM TM-52 OF THE TRADEMARK ACT, 1999

FORM TM-52

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

Fee: Rs.2500/- for each class

A single application for registration of a trade mark for different classes of goods or services (other than a collective trade mark or certification trade mark) from a convention country.

Section 18(2) rule 25(4), 103

One representation to be fixed within this space and five 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 trade mark in

(i) class ¹ .................................. in respect of ² ........................

(ii) class ¹ .................................. in respect of ² ........................ (iii) class ¹ .................................. in respect of ² ........................

in the name(s) of ³................... whose address is ⁴ ....................... 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 (alongwith, 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 or classes of the goods or services is not known.

2.Specify the goods or services for the class or classes 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 shall 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 , 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)

11. 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-52 is used in India for the request for expedited examination of an application for registration of a geographical indication. It allows applicants to seek faster processing of their geographical indication application by the relevant authority. Here's a concise guideline for drafting Form TM-52 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-52: REQUEST FOR EXPEDITED EXAMINATION OF GEOGRAPHICAL INDICATION APPLICATION."

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

Geographical Indication Details: Describe the geographical indication application, including the application number and date.

Reason for Expedited Examination: Clearly state the reasons for requesting expedited examination, such as potential commercial exploitation or protection of a traditional knowledge system.

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

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

Common Mistakes to Avoid:

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

Unclear or Insufficient Grounds: Provide a clear, compelling, and detailed explanation for the expedited examination request, demonstrating the urgency and importance.

Missing Supporting Documents: Include all necessary documents or evidence that support your request for expedited examination.

Failure to Justify Examination: Provide a valid reason for the requested expedited examination to avoid unnecessary delays.

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

Lack of Legal Advice: Seek professional guidance to ensure compliance with geographical indication examination rules and requirements.

Submitting Form TM-52 accurately is crucial when seeking expedited examination of a geographical indication application in India. Avoiding common mistakes enhances the likelihood of a successful request and can help protect valuable geographical indications more effectively.

Frequently asked questions

What is Form TM-52 under the Trade Marks Act, 1999?→

Form TM-52 is a legal form 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 and Rules, 2017.

Is Form TM-52 legally valid for use in India?→

Yes, Form TM-52 is the official prescribed document by the Trademark Registry of India and holds full legal validity when filed correctly with required fees and documents.

Does filing Form TM-52 require stamp duty in India?→

No, Form TM-52 does not attract stamp duty; it requires only the prescribed government fee payable to the Trademark Registry in India.

In what format can I download Form TM-52?→

Form TM-52 is available for free download in editable Word and non-editable PDF formats from the official IP India website.

Can I customize or edit Form TM-52?→

Yes, the downloadable Word version of Form TM-52 is fully customizable; edit applicant details, trademark information, and affidavits before filing with the Indian Trademark Registry.

Who should use Form TM-52 and when?→

Trademark proprietors or aggrieved third parties in India should use Form TM-52 to request removal of unused trademarks registered for over 5 years, initiating rectification proceedings.