Form TM-65 Trademark Act 1999 Free PDF/Word Template India

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Title: Form TM-65 Format under Trade Marks Act, 1999

Struggling to comply with trademark assignment rules in India? Get our ready-to-use Form TM-65 format under the Trade Marks Act, 1999, for seamless Registrar consent – available for free download in PDF/Word!

What is Form TM-65 under the Trade Marks Act, 1999?

Form TM-65 is a crucial legal document prescribed under Rule 75 of the Trade Marks Rules, 2017. It is used to seek the Registrar of Trade Marks' consent for assigning a registered trademark more than six months after acquiring goodwill in that trademark. Alternatively, it serves as a request for directions on advertising an assignment of a trademark without associated goodwill, as per the proviso to sub-section (2) of Section 40 of the Trade Marks Act, 1999. This form ensures that all trademark transfers in India adhere to statutory timelines and procedures, preventing potential invalidation of assignments.

In the competitive Indian market, proper documentation is key to protecting intellectual property during business transitions, mergers, or sales. Our Form TM-65 format sample provides a professionally drafted, customizable legal template that's ready to use for your trademark needs.

Why is Form TM-65 Important?

Trademark assignments without Registrar's approval after the six-month window can render the transfer void, exposing businesses to disputes, loss of rights, or legal challenges. Filing Form TM-65 demonstrates good faith and compliance, safeguarding your brand's value. It's essential for maintaining the validity of your trademark portfolio under Indian law. Key benefits include:

Legal Compliance: Meets exact requirements of the Trade Marks Registry.
Time-Saving: Pre-filled structure reduces errors and speeds up approval.
Cost-Effective: Avoid hefty penalties or re-filings.
Professional Edge: Enhances credibility in IP transactions.

Whether you're a startup transferring assets or a corporation restructuring, this Form TM-65 sample format ensures smooth processing at the Indian Patent Office.

Key Elements of Form TM-65 Format

A standard Form TM-65 legal template includes:

Application Details: Number, filing date, and applicant (assignor/assignee) information.
Trademark Particulars: Registration number, class, and mark description.
Assignment Details: Date of assignment agreement, consideration, and whether goodwill is transferred.
Justification for Delay: Explanation if assignment is post six months, with supporting evidence.
Advertisement Request: If without goodwill, seek directions for public notice.
Declarations and Verification: Signed by applicant or authorized agent.
Fee Schedule: As per First Schedule of Trade Marks Rules (e.g., ₹5,000 for natural persons/MSMEs).

Our downloadable Form TM-65 format in PDF/Word is fully editable, incorporating these elements for court/company compliance in India.

Who Should Use Form TM-65 Template?

Business Owners: Assigning trademarks during sales, mergers, or franchising.
IP Lawyers/Agents: Handling client trademark portfolios.
Startups/SMEs: Transferring IP amid funding rounds or expansions.
Corporates: In M&A deals requiring clean IP transfers.

Common use cases span civil IP disputes, business restructuring, and international licensing adapted for India.

Download Your Customizable Form TM-65 Now!

Ready to secure your trademark assignment? Download the free Form TM-65 sample or opt for our premium customizable version. Tailor it instantly with AI tools or professional legal help. Available in PDF and Word formats for easy editing – perfect for Indian Trade Marks Registry filings.

Important Note

While our Form TM-65 format under Trade Marks Act, 1999, is a reliable legal template, it's recommended to consult a qualified trademark attorney for case-specific advice. Customize as per your needs, ensure accurate fee payment, and stay updated with any rule amendments. Explore related resources like Trademark Assignment Agreement, Form TM-16, or other TM formats for comprehensive IP management in India.

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FORM-TM-65 OF THE TRADEMARK ACT, 1999

FORM TM-65

THE TRADE MARKS ACT,1999

Agents Code No: Proprietors Code No:

Fee: Rs.10,000/-

Application under section 71 to register a certification trade mark for specification of goods or services included in a class from a convention country under section 154(2) rule 25(8)(b), 135(1)

(to be filed in triplicate accompanied by three copies of the draft regulation with Form TM49)

One representation is to be fixed within this space and five others is 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 Trade Mark of the accompanying certification trade mark in class 1.. in respect of 2 in the names of 3.whose address is 4 who claims(s) to be the proprietor(s) thereof [and by whom the said 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] 9

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.

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

Dated this . Day of ..20 10

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 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 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

As of my last knowledge update in September 2021, there is no specific information available regarding a "FORM TM-65" in trademark law or any official documentation. Trademark forms and procedures can vary by country and jurisdiction, and new forms or updates may have been introduced since my last update.

To ensure you have the correct and up-to-date information, I recommend visiting the official website of the trademark office in your respective jurisdiction or consulting with a qualified trademark attorney. They can provide you with the latest forms, guidelines, and requirements specific to your trademark application or any related processes.

It's essential to use the right forms and follow the proper procedures to avoid common mistakes and ensure a smooth trademark registration process. Relying on official sources and seeking professional legal advice can help you navigate the trademark registration process effectively and minimize errors.

Frequently asked questions

What is Form TM-65 under the Trade Marks Act, 1999?→

Form TM-65 is a legal form prescribed under the Trade Marks Rules, 2017 in India, used to request the Registrar of Trade Marks to provide a certified copy of an entry in the register or certified copies of any trademark-related documents.

Is Form TM-65 legally valid for use in India?→

Yes, Form TM-65 is an official and legally valid form under the Trade Marks Act, 1999, recognized by the Indian Trademark Registry for all trademark proceedings across India.

Do I need to pay stamp duty or court fees for Form TM-65?→

No stamp duty or court fees are required for Form TM-65; it attracts only the prescribed official fee payable to the Trademark Registry in India upon filing.

In what format can I download Form TM-65?→

Form TM-65 can be downloaded for free in editable PDF or Word format from the official IP India website, ideal for quick customization and e-filing.

Can I edit or customize Form TM-65 before filing?→

Yes, Form TM-65 is customizable; edit the fields with your trademark details accurately to ensure it remains legally compliant under Indian trademark law.

Who should use Form TM-65 and when?→

Trademark applicants, owners, or agents in India should use Form TM-65 when needing certified copies of register entries or documents for legal verification, opposition, or record purposes.