Form TM-67 Trademark Act 1999 Template

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Title: Form TM-67 of the Trade Marks Act, 1999

Need a reliable Form TM-67 format under the Trade Marks Act, 1999 to request a preliminary search report from the Registrar before filing your trademark application? Our customizable legal template in PDF and Word formats is ready to download for free, ensuring compliance with Indian trademark laws.

What is Form TM-67 of the Trade Marks Act, 1999?

Form TM-67 is an essential official document prescribed under the Trade Marks Rules framed pursuant to the Trade Marks Act, 1999. It is used to request the Trade Marks Registrar to conduct a search of the trademark register and issue a report on the availability or similarity of your proposed mark with existing registered trademarks. This preliminary step is highly recommended before submitting the main application for trademark registration (Form TM-A) to avoid potential refusals or oppositions.

In India's bustling intellectual property landscape, where over 3 lakh trademarks are filed annually, using the correct Form TM-67 format can save significant time, money, and effort. It provides an official preliminary clearance report, helping you refine your mark if needed.

Why is Form TM-67 Format Important?

Securing a search report via Form TM-67 is crucial for several reasons:

Prevents Rejections: Identifies conflicting marks under Section 11 (relative grounds for refusal) early on.
Cost-Effective: Avoids fees and delays associated with full applications that get objected.
Strategic Advantage: Equips you with evidence for negotiations or modifications.
Legal Compliance: Aligns with Rule 32 of the Trade Marks Rules, 2017, promoting efficient registry processes.

Businesses ignoring this step often face oppositions post-publication, leading to prolonged litigation. Our ready-to-use Form TM-67 sample ensures you meet all court and registry requirements seamlessly.

Key Elements of Form TM-67 Legal Template

A professional Form TM-67 format under the Trade Marks Act, 1999 must include:

Applicant Details: Full name, address, nationality, and legal status (individual, company, etc.).
Trademark Representation: Clear depiction of the mark (word, logo, device) in black and white and color if applicable.
Class Specification: Nice Classification classes for goods/services (e.g., Class 25 for apparel).
Search Request: Specific instructions for search scope, including phonetic and visual similarities.
Fee Schedule: Details of prescribed fees (currently ₹10,000 per class for search).
Authorization and Signature: Power of attorney if filed by agent, with date and place.

Our downloadable PDF/Word version is pre-structured with these elements, making it fully customizable for your needs.

Who Should Use Form TM-67 Sample?

This versatile legal template is ideal for:

Startups and SMEs: Protecting new brand names and logos.
Established Companies: Expanding product lines without IP conflicts.
E-commerce Sellers: Safeguarding unique store names on platforms like Amazon/Flipkart.
Lawyers and IP Consultants: Streamlining client filings.

Common use cases include pre-filing checks for inventions, services, pharmaceuticals, and more across civil and commercial domains in India.

Download Customizable Form TM-67 Format Now

Ready to proceed? Get your free download of the Form TM-67 of the Trade Marks Act, 1999 in editable Word or printable PDF format. Use our AI-powered tool for instant customization or opt for professional legal help. Start your trademark journey confidently today!

Important Note

This Form TM-67 format is a ready-to-use legal template designed for convenience, but it does not substitute professional legal advice. Always consult a registered trademark attorney to tailor it to your specific situation and ensure adherence to the latest rules. For related documents, explore trademark opposition formats, Form TM-A samples, or India trademark search services.

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FORM-TM-67 OF THE TRADEMARK ACT, 1999

FORM TM-67

THE TRADE MARKS ACT, 1999

Agents code No:

Proprietors code No:

Fee: Rs.10,000/- for each class.

A single application for the registration of a collective trade mark in different classes from a convention country.

Section 18(2), 63(1), 154(2), rule 25(17)(b), 103,128(1)

(To be filled in triplicate accompanied by five additional representation of the collective trade mark and three copies of the draft regulation in Form TM-49)

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 Collective 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 (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 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 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

Guidelines for Drafting FORM TM-67

Usage: FORM TM-67 is a critical document used in trademark law, primarily in India. It is employed for the application of the request for the correction of a clerical error or an obvious mistake in a trademark registration certificate. Trademark owners use this form to rectify inadvertent errors in their registration certificates. Here are essential guidelines for drafting FORM TM-67:

Accurate Information: Ensure all information in FORM TM-67 is accurate, including the trademark's registration number, the details of the error, and the correct information that should replace the error.

Specify the Error: Clearly describe the nature of the clerical error or mistake in the registration certificate. Provide evidence that supports 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 that substantiate your request for the correction.

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

Common Mistakes to Avoid:

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

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

Insufficient Evidence: Inadequate or irrelevant evidence can weaken your case for correction. Ensure your evidence directly supports your request.

Unclear Error Description: Failing to specify the nature of the error or mistake clearly can lead to confusion or an incorrect correction.

Non-Compliance: Ignoring the specific regulations and requirements of the Indian trademark office can result in the rejection of the correction request.

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-67 in India to apply for the correction of clerical errors or obvious mistakes in your trademark registration certificate, ensuring that your trademark information is accurate and complies with trademark law.

Frequently asked questions

What is Form TM-67 under the Trade Marks Act, 1999?→

Form TM-67 is the official application for rectification of the Trade Marks Register or removal of a trademark from the register on grounds of non-use, as prescribed under the Trade Marks Act, 1999 in India.

Who can file Form TM-67 in India?→

Any person aggrieved by the non-use of a trademark, such as a prospective user or competitor, can file Form TM-67 before the Registrar of Trade Marks in India.

Is Form TM-67 legally valid throughout India?→

Yes, Form TM-67 is a standard legal form under the Trade Marks Rules, 2017, and holds validity across all Trade Marks Registry offices in India.

Does Form TM-67 require stamp duty or court fees?→

No, Form TM-67 does not attract stamp duty; it requires payment of prescribed government fees via the IP India online portal for e-filing.

In what format is Form TM-67 available for download?→

Form TM-67 can be downloaded in editable Word or PDF format from the official Intellectual Property India website for easy preparation of your trademark application.

Can I customize or edit Form TM-67 after downloading?→

Yes, Form TM-67 is fully customizable; edit the fields with your details, sign it digitally, and submit online as per Indian trademark filing requirements.