Form TM-68 Trademark Act 1999 Template

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FORM TM-68 OF THE TRADEMARK ACT, 1999

Are you a registered trademark owner in India looking to modify your mark without starting the registration process anew? Our FORM TM-68 Format under the Trade Marks Act, 1999, provides a ready-to-use, customizable legal template to apply for permission to add or alter your registered trade mark efficiently.

What is FORM TM-68?

FORM TM-68 is the official prescribed form under Section 59(1) of the Trade Marks Act, 1999, used to seek the Registrar of Trade Marks' approval for alterations or additions to a registered trade mark. This includes changes like correcting spelling errors, updating designs, adding new elements, or making minor modifications to keep your brand relevant in a dynamic market. Filing FORM TM-68 ensures compliance with Indian trademark laws, avoiding potential invalidation or opposition issues.

In India, where trademarks are crucial for brand protection, this form streamlines the process for post-registration amendments, saving time and costs compared to fresh applications.

Why is FORM TM-68 Important?

Alterations to registered trademarks must have Registrar's consent to remain legally valid. Without proper filing via FORM TM-68 Format, unauthorized changes can lead to infringement claims, loss of exclusivity, or even cancellation of the mark. It's essential for businesses adapting to market changes, such as rebranding, logo refreshes, or correcting clerical errors during initial registration.

Key benefits include:

Legal Compliance: Meets Trade Marks Rules, 2017 requirements.
Cost-Effective: Avoids full re-registration fees.
Quick Processing: Registrar typically processes within months if uncontested.
Brand Protection: Keeps your IP rights intact amid business evolution.

Using a professional FORM TM-68 Sample minimizes rejection risks due to incomplete submissions.

Key Elements of FORM TM-68 Format

A complete FORM TM-68 legal template must include:

Applicant Details: Name, address, and status as registered proprietor or licensee.
Trade Mark Particulars: Registration number, class, and current mark representation.
Description of Proposed Alteration: Precise details of addition or change (e.g., 'Change vowel in word mark from 'A' to 'E').
Evidence: Supporting documents like affidavits, new representations, or justification letters.
Fee Payment: Details of challan or online payment under the First Schedule.
Declaration: Statement that the alteration won't substantially affect the identity of the mark.
Address for Service: For communication from the Trade Marks Registry.

Our ready to use FORM TM-68 Format in PDF/Word ensures all sections are pre-filled and compliant.

Who Should Use FORM TM-68?

Business Owners: Updating logos or names due to mergers, expansions, or rebranding.
Startups and SMEs: Correcting errors from initial filings.
Corporates: Adapting marks for new product lines in classes 1-45.
Exporters: Aligning Indian marks with international variations.

Common use cases: Minor design tweaks in Class 25 apparel marks or word changes in service trademarks under Class 35.

Download FORM TM-68 Format Now

Get instant access to our free download FORM TM-68 Format in editable Word or PDF for India. For premium options, choose AI-customized versions or legal-vetted templates tailored to your specifics. Paid downloads include step-by-step filing guides and attorney consultation links.

Customize and File with Confidence

While our customizable FORM TM-68 template is designed for ease, always consult a trademark attorney for complex cases. Not legal advice—verify with the latest Trade Marks Registry guidelines. Explore related resources: Trademark Registration India, Form TM-48 Opposition, TM-A Application Format, and more legal templates for your IP needs.

Protect your brand today—download your FORM TM-68 of the Trade Mark Act, 1999 Format!

FORM TM-68 OF THE TRADEMARK ACT, 1999

FORM TM-68

THE TRADE MARKS ACT, 1999

Agents Code No: Proprietors Code No:

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

A single application for registration of a certification trade mark for different classes.

Section 18(2),71. rule 25(18)(a),103, 135.

(To be filed in triplicate accompanied by five additional representations of the collective 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 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 Certification 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

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-68

Usage: FORM TM-68 is a critical document used in trademark law, particularly in India. It is employed for the application of the cancellation of a registered trademark. Trademark owners, interested parties, or authorities use this form to request the cancellation of a registered trademark under specific grounds as stipulated in trademark law. Here are essential guidelines for drafting FORM TM-68:

Accurate Information: Ensure all information in FORM TM-68 is accurate, including the trademark's registration number, the grounds for cancellation, and the evidence supporting your claim.

Specify Cancellation Grounds: Clearly state the legal grounds for seeking trademark cancellation, such as non-use, genericity, prior rights, or misleading registration.

Payment: Include the requisite fee with the form. Verify the applicable fee structure and accepted payment methods to avoid processing delays.

Comprehensive Evidence: Provide robust and relevant evidence that substantiates your grounds for cancellation. Include documents, dates, and specifics to support your claim.

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

Common Mistakes to Avoid:

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

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

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

Unclear Cancellation Grounds: Failing to specify the legal grounds for cancellation clearly can lead to confusion or an incorrect outcome.

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

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-68 in India to apply for the cancellation of a registered trademark, ensuring that the trademark register accurately reflects the legal status of the trademark in accordance with trademark law.

Frequently asked questions

What is Form TM-68 under the Trade Marks Act, 1999?→

Form TM-68 is an official application form used for rectification of the trade mark register, removal of a trade mark, or expunction of an entry under Sections 47 and 57(4) of the Trade Marks Act, 1999, in India.

Is Form TM-68 legally valid for use in India?→

Yes, Form TM-68 is a prescribed statutory form under the Trade Marks Rules, 2017, and is legally valid for filing with the Indian Trade Marks Registry to seek rectification or removal of trade marks.

Do I need to pay stamp duty on Form TM-68?→

No stamp duty is required for Form TM-68 as it is a government-prescribed form for submission to the Trade Marks Registry; only official fees apply as per the schedule.

In what format can I download Form TM-68?→

Form TM-68 is available for free download in editable Word (.doc) and PDF formats from official sources like the IP India website, suitable for customization before filing.

Can I edit or customize Form TM-68?→

Yes, the downloadable Word version of Form TM-68 is fully customizable; fill in your details accurately and ensure compliance with Trade Marks Rules before submission.

Who should use Form TM-68 and when?→

Use Form TM-68 if you are an aggrieved party seeking rectification, removal, or expunction of a trade mark entry from the register; file it with the Registrar of Trade Marks in India when grounds like non-use or incorrect entry exist.