FORM TM-69 Trademark Act 1999 - Free PDF/Word Template India

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FORM TM-69 of the Trade Marks Act, 1999

Searching for a reliable Form TM-69 format under the Trade Marks Act, 1999? Get instant access to our customizable legal template in PDF and Word formats, ready for download and tailored for Indian trademark filings.

What is Form TM-69?

Form TM-69 is a crucial official document prescribed under Rule 32 of the Trade Marks Rules, 2017, as per the Trade Marks Act, 1999. It serves as a request for preliminary search and issuance of a report by the Trade Marks Registrar. This form enables applicants to conduct an early trademark availability check before formally applying for registration, helping avoid rejections due to existing similar marks.

In the competitive Indian market, where thousands of trademarks are filed annually, using the correct Form TM-69 sample ensures compliance with the Intellectual Property Office requirements. Whether you're a startup, business owner, or legal professional, this ready-to-use Form TM-69 format streamlines your pre-filing process.

Why is Form TM-69 Important?

Filing a trademark without prior search can lead to objections, oppositions, or outright refusal under Sections 9, 11, or 18 of the Trade Marks Act, 1999. Form TM-69 provides a proactive report on potential conflicts, saving time and costs. It's particularly vital in India, where the Trademark Registry handles high volumes, and delays can impact business launches.

Key benefits include:

Early detection of similar marks.
Compliance with proviso to Section 18(1).
Cost-effective risk mitigation.
Faster route to successful registration.

Our customizable Form TM-69 template incorporates all legal requirements, making it ideal for free download trials or premium versions with editing features.

Key Elements of Form TM-69 Format

A standard Form TM-69 sample must include:

Applicant Details: Full name, address, nationality, and legal status (individual, company, LLP, etc.).
Trademark Representation: Clear depiction of the word mark, logo, or device mark in JPEG/PNG format.
Class Specification: International class numbers and description of goods/services per NICE Classification.
Search Request Particulars: Specific instructions for the search scope.
Fee Payment: Details of e-filing fees (currently ₹4,000 per class for search).
Declaration and Signature: Authorized signatory with date.
Supporting Documents: Power of Attorney if filed by agent.

Ensure your Form TM-69 format is error-free to prevent processing delays. Our templates are pre-formatted for PDF/Word download, fully compliant with the latest rules.

Who Should Use Form TM-69?

This form is essential for:

Businesses and Startups launching new brands in India.
Exporters protecting marks internationally via Madrid Protocol linkage.
Legal Firms handling multiple client filings.
Inventors and Artists safeguarding logos or slogans.

Common use cases span manufacturing, IT, pharmaceuticals, e-commerce, and services sectors, where brand protection is key to market success.

Download Your Form TM-69 Template Today!

Ready to secure your trademark? Download the Form TM-69 format now – opt for a free download basic version or upgrade to our premium customizable legal template with AI-assisted edits and legal help options. File confidently with the Trademark Registry in Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad.

Important Note: While our ready-to-use Form TM-69 samples are designed by experts, customize them to your specific needs. This is not a substitute for professional legal advice. Consult a trademark attorney for complex cases. Explore related resources like TM-A application format, trademark objection reply sample, India trademark registration guide, and more free downloadable templates for seamless IP protection.

FORM TM- 69 OF THE TRADEMARK ACT, 1999

FORM TM-69

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 certification trade mark in different classes from convention country.

Section 18(2), 71, 154(2), rule 25(18)(b), 103,135

(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........................

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 January 2022, there isn't a specific and widely recognized document known as "FORM TM-69" in general legal or business contexts. The designation of forms can vary between jurisdictions, organizations, or regulatory bodies, and new forms can be introduced or existing ones revised.

If "FORM TM-69" pertains to a specific legal or business context, you may want to check with the relevant jurisdiction or organization where it is used. Legal forms often have specific purposes and are associated with particular processes, such as trademarks, business registrations, or other legal filings.

Guidelines for Drafting a Legal Form:

Identify the Purpose: Clearly understand the purpose and context for which the form is intended. Accurate Information: Provide accurate and up-to-date information based on the requirements of the form. Follow Instructions: Adhere to any instructions or guidelines provided alongside the form. Legal Compliance: Ensure compliance with relevant laws, regulations, or policies. Clarity and Precision: Use clear and precise language to avoid ambiguity.

Common Mistakes to Avoid:

Incomplete Information: Fill out all required fields and provide comprehensive details. Incorrect Details: Double-check all details for accuracy before submission. Failure to Update: Use the most recent version of the form to avoid outdated information. Disregarding Guidelines: Follow any specific guidelines or instructions provided for the form. Late Submission: Submit the form within the specified timeframe, if applicable. For accurate guidance, it's recommended to consult with legal professionals or the relevant authorities associated with the form in question.

Frequently asked questions

What is Form TM-69 under the Trade Marks Act, 1999?→

Form TM-69 is the official legal form prescribed under the Trade Marks Rules, 2017, for applying to the Registrar of Trade Marks in India to rectify the register or remove a trademark on grounds of non-use after five years.

Is Form TM-69 valid for use in India?→

Yes, Form TM-69 is legally valid and mandatory for filing rectification or removal applications with the Indian Trade Marks Registry under the Trade Marks Act, 1999.

Do I need to pay stamp duty on Form TM-69?→

No stamp duty is required on Form TM-69 as it is a central government form; only the prescribed official fee as per Schedule I of Trade Marks Rules applies.

In what format can I download Form TM-69?→

Form TM-69 is available for free download in PDF format from the official IP India website; editable Word versions are also offered for easy customization.

Can I edit or customize Form TM-69?→

Yes, the Word format of Form TM-69 is fully customizable—edit details like trademark number, grounds of non-use, and evidence references before printing and filing.

When and who should use Form TM-69?→

Any aggrieved party in India, such as a prospective trademark applicant, should use Form TM-69 to oppose unused marks registered for over five years by filing with supporting evidence.