Form TM-69 Trademark Act 1999 Template Free PDF India

About this agreement

Title: Form TM-69 of the Trade Marks Act, 1999 Format

Need a reliable Form TM-69 of the Trade Marks Act, 1999 format for your trademark proceedings in India? Download our ready-to-use, customizable legal template in PDF or Word format today.

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

Form TM-69 is a prescribed form under the Trade Marks Rules, 2017, framed pursuant to the Trade Marks Act, 1999. It is specifically used for requesting the Registrar of Trade Marks to provide particulars of the advertisement of a mark. This form is crucial in trademark opposition or rectification proceedings where an applicant or opponent needs to verify the publication details of a trademark in the Trade Marks Journal. Whether you're handling a trademark dispute or ensuring compliance in intellectual property matters, having the correct Form TM-69 format ensures your request is processed efficiently by the Trademark Registry in India.

Why is Form TM-69 Important?

In the competitive landscape of intellectual property protection in India, Form TM-69 plays a vital role in maintaining transparency and accuracy during trademark examinations and oppositions. Submitting an accurate Form TM-69 helps in obtaining official certification of advertisement particulars, which is often required to challenge or support a trademark application. Non-compliance with the prescribed format can lead to delays, rejections, or additional costs. By using a professionally drafted Form TM-69 format, you safeguard your rights, meet court and registry requirements, and expedite your legal processes. It's an essential tool for businesses, lawyers, and IP professionals navigating the Trade Marks Act, 1999.

Key Elements of Form TM-69 Format

A standard Form TM-69 of the Trade Marks Act, 1999 includes the following critical sections:

Applicant Details: Full name, address, and contact information of the person requesting the particulars.
Trademark Details: Trade Mark number, class, and details of the mark in question.
Request Specifics: Clear statement requesting particulars of the advertisement, including journal number and page reference if known.
Authorization: Details of the authorized agent or advocate, if applicable.
Fee Payment: Reference to the prescribed fee and proof of payment via challan or online.
Declaration and Signature: Verification by the applicant or agent.

Our customizable template ensures all these elements are included, making it ready to use for Indian trademark filings.

Who Should Use Form TM-69?

This form is indispensable for:

Trademark Opponents: To gather evidence for opposition proceedings under Section 21 of the Trade Marks Act.
Applicants in Rectification: For applications under Sections 47 or 57 to rectify the register.
Law Firms and IP Consultants: Handling multiple trademark matters efficiently.
Businesses in India: Protecting brand identity amid rising IP disputes.

Common use cases include opposition filings, pre-litigation verifications, and compliance checks in civil courts or the IPAB (Intellectual Property Appellate Board).

Download Your Form TM-69 Format Now

Get instant access to our SEO-optimized, lawyer-vetted Form TM-69 of the Trade Marks Act, 1999 sample in editable Word or PDF format. Perfect for free download previews or premium customizable versions tailored to your needs. Save time and avoid errors with this legal template designed for Indian regulations.

Customize and Seek Professional Advice

While our Form TM-69 format is ready to use and compliant with the Trade Marks Act, 1999, we recommend consulting a trademark attorney for case-specific modifications. Pair it with related documents like Form TM-8 (Statement of Case) or opposition notices for comprehensive IP protection. Explore more trademark forms, agreements, and legal templates for India today!

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)

0 PDF downloads

0 Word downloads

Download PDF₹99 Download Word₹99

Important Guidelines

Guidelines for Drafting FORM TM-69

Usage: FORM TM-69 is an essential document used in trademark law, particularly in India. It is employed for the application of the restoration of a removed trademark from the register. Trademark owners use this form to request the restoration of a previously removed trademark registration. Here are crucial guidelines for drafting FORM TM-69:

Accurate Information: Ensure all information in FORM TM-69 is accurate, including the trademark's registration number, the reasons for removal, and the justifications for restoration.

Specify Restoration Grounds: Clearly state the legal grounds for requesting restoration, such as unintentional removal, rectification of errors, or other valid reasons. Provide supporting evidence for 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 to substantiate your request for trademark restoration.

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

Common Mistakes to Avoid:

Inaccurate Information: Providing incorrect or incomplete details can lead to processing delays or errors in the restoration 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 restoration. Ensure your evidence directly supports your claim.

Unclear Restoration Grounds: Failing to specify the legal grounds for restoration 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 restoration request.

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-69 in India to apply for the restoration of a previously removed trademark registration. This ensures that your trademark is reinstated in the register, maintaining your intellectual property rights and compliance with trademark law.

Frequently asked questions

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

Form TM-69 is an official application form used for rectification of the trademark register or removal of a trademark due to non-use under Section 47 of the Trade Marks Act, 1999 in India.

Is Form TM-69 legally valid in India?→

Yes, Form TM-69 is a prescribed legal form under the Trade Marks Rules, 2017, and is valid for filing with the Trademark Registry in India.

Does Form TM-69 require stamp duty?→

No stamp duty is required for Form TM-69 as it is an official government form filed electronically or physically with the Trademark Registry; only official fees apply.

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, suitable for printing and filing.

Can I edit or customize Form TM-69?→

Yes, you can download Form TM-69 in editable Word format if available, or edit the PDF; ensure compliance with Trademark Rules before submission.

Who should use Form TM-69 and when?→

Use Form TM-69 if you wish to apply for removal of an unused trademark from the register in India; typically filed by interested parties like competitors facing trademark opposition.