Form TM-8 Trademark Act 1999 Template - Free Download India PDF/Word

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Form TM-8 of the Trade Marks Act, 1999

Searching for a reliable Form TM-8 format to register a series of trademarks in India? Download our ready-to-use, customizable Form TM-8 template in PDF or Word format today and streamline your trademark application process under the Trade Marks Act, 1999.

What is Form TM-8?

Form TM-8 is the official application form prescribed under the Third Schedule of the Trade Marks Rules, 2017, for the registration of a series of trade marks as per Section 15 of the Trade Marks Act, 1999. A 'series of trade marks' allows applicants to protect multiple variations of a single mark that differ only in immaterial particulars, such as colour, size, font style, or minor wording. This form is essential for businesses aiming to safeguard their brand identity across variations without filing separate applications for each.

In India, where trademark infringement cases are rising, using the correct Form TM-8 format ensures compliance with the Controller General of Patents, Designs and Trade Marks (CGPDTM) requirements, reducing rejection risks and expediting approval.

Why is Form TM-8 Important?

Filing Form TM-8 is crucial for comprehensive brand protection. It prevents competitors from exploiting minor variations of your mark, which could otherwise dilute your brand equity. Key benefits include:

Cost Efficiency: Register multiple marks in one application, saving fees and time.
Stronger Legal Standing: Provides evidence of proprietorship for multiple formats, vital in opposition or infringement proceedings.
Flexibility for Growth: Ideal for expanding brands with evolving designs, like seasonal packaging or regional adaptations.

Non-compliance or errors in the Form TM-8 sample can lead to objections under Sections 9, 11, or 13, delaying protection by months. Our legal template adheres to all current rules, making it a trusted choice for Indian businesses.

Key Elements of Form TM-8 Format

A professional Form TM-8 format must include:

Applicant Details: Full name, address, nationality, and legal entity status (individual, company, LLP, etc.).
Mark Representations: Clear images or descriptions of each mark in the series (up to 6 marks typically allowed).
Goods/Services Specification: Detailed list under NICE Classification classes.
Priority Claim: If claiming under Paris Convention (within 6 months).
Declaration: Statement of originality and no prior publication.
Authorised Signatory: Details and signature.
Fee Schedule: As per Rule 20, currently ₹4,500 for startups/MSMEs.

Our customizable template highlights these sections for easy filling.

Who Should Use Form TM-8?

Businesses and Startups: In FMCG, fashion, pharmaceuticals, and e-commerce needing protection for product labels, logos with colour variants, or taglines.
Brand Owners: Expanding nationally or internationally.
Legal Professionals: Assisting clients with IP filings.

Common use cases: Registering 'BrandX Red/Blue/Green' labels or 'Logo in different fonts' for apparel.

Download Your Form TM-8 Template Now

Ready to secure your trademarks? Get instant access to our Form TM-8 PDF/Word format for free download or premium editable version. Customize it online with AI assistance or legal help, print-ready for submission at IP India offices or e-filing.

Important Note

This Form TM-8 legal template is designed to meet Trade Marks Registry standards but is not a substitute for professional advice. Always consult a trademark attorney to tailor it to your specific case and ensure compliance with latest amendments. Explore related resources like Form TM-A for single marks, trademark objection replies, or full trademark registration services in India.

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FORM TM-8 OF THE TRADEMARK ACT, 1999

FORM TM-8

THE TRADE MARKS ACT, 1999

Agents code No: Proprietors code No:

Fee: Rs.2,500 for each trade mark and for each separate class.

Application for registration of series trade mark for goods or services (other than a collective mark or a certification trade mark) in a class or for different classes

[Section 15(3) and rule 25(10) and 31].

(To be filed in triplicate accompanied by five additional representations of the trade mark)

One representation to be fixed within this space and 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 of the register as a series trade mark for the accompanying trade mark in class/classes ...............5................... in respect of ........................in the name(s) of

................... whose address is ....................... who claim (s) to be the proprietor(s) thereof [and by whom the said mark is proposed to be used 6 or (and by whom and his (their) predecessor(s) in title 7 the said mark has been continuously used since ........] in respect of the said goods 8.

.................................. . ...............................

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

Dated this ................day of ...........20............ 10 ............................

............................

The Registrar of Trade marks, 11

The office of the Trade Marks Registry at........................

1. Strike out whichever is not necessary

2. The Registrar's direction may be obtained if the class or classes of the goods or services is not known. In the case of marks consisting of letters or numerals or any combination thereof relating to textile goods, the item number of the Fifth Schedule should be stated if the goods fall in any of the items of the said Schedule.( See Rule 144).

3. 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.

4. 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).

5. The applicant shall state the address of the 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 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 into carry on business in the goods or services concerned but carried 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 at ed 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.

6. Strike out if the mark is already in use

7. Strike out the words in 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 9.

8. If there has been no use of the trade mark in respect of all the goods or services specified at 3, the items of goods or services in respect of which the mark has actually been used should be stated.

9. For additional matter if required, otherwise to be left blank. If colour combination is claimed, clearly indicate and state the colour. 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 123)

8. State the name of the place of the appropriate office of the Trade Marks Registry (See rule 4).

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Important Guidelines

Form TM-8 is used in India for the application for the cancellation of a registered trademark. It allows interested parties to request the removal of a registered trademark from the trademark register under certain conditions. Here's a concise guideline for drafting Form TM-8 and avoiding common mistakes:

Usage:

Heading: Title it as "FORM TM-8: APPLICATION FOR CANCELLATION OF REGISTERED TRADEMARK."

Applicant Information: Provide your details, including name, address, and contact information.

Trademark Details: Describe the registered trademark to be canceled, including the registration number and date.

Grounds for Cancellation: Clearly state the grounds for the requested cancellation, such as non-use, genericity, or other statutory reasons.

Supporting Evidence: Attach any necessary documents or evidence that substantiate your request for cancellation.

Declaration: Sign and date the declaration confirming the accuracy and authenticity of the cancellation application.

Common Mistakes to Avoid:

Incomplete Information: Ensure all sections are filled out accurately, with no essential details omitted.

Unclear Grounds for Cancellation: Clearly specify the grounds for cancellation and provide specific details to support your claim.

Lack of Supporting Evidence: Include all necessary documents or evidence that support your request for cancellation.

Failure to Justify Cancellation: Provide a valid reason for the requested cancellation, adhering to legal requirements.

Failure to Sign and Date: Properly sign and date the declaration to validate the cancellation application.

Lack of Legal Advice: Seek professional guidance to ensure compliance with trademark cancellation rules and requirements.

Filing Form TM-8 accurately is vital when requesting the cancellation of a registered trademark in India. Avoiding common mistakes enhances the likelihood of a successful cancellation process and ensures that the trademark register accurately reflects the statutory requirements.

Frequently asked questions

What is Form TM-8 under the Trade Marks Act, 1999?→

Form TM-8 is a legal document used in India for applying to rectify the trademark register or remove a trademark from the register on grounds of non-use, as prescribed under the Trade Marks Act, 1999.

Who can file Form TM-8 in India?→

Any aggrieved person, such as a trademark proprietor or licensee in India, can file Form TM-8 with the Trademark Registry to challenge non-use of a registered mark.

Is Form TM-8 legally valid for use in India?→

Yes, Form TM-8 is an official form under the Trade Marks Rules, 2017, and holds full legal validity when properly filed with the Indian Trademark Registry.

Does Form TM-8 require stamp duty or court fees?→

No stamp duty is required for Form TM-8; it attracts prescribed government fees payable to the Trademark Registry in India, not court fees.

In what format can I download Form TM-8?→

Form TM-8 is available for free download in PDF and editable Word formats, suitable for customization and e-filing with the Indian Trademark Office.

Can I customize or edit the Form TM-8 template?→

Yes, the Form TM-8 template is fully customizable; edit it to include your details while ensuring compliance with Indian trademark laws before submission.