Form TM-A Trademark Act 1999 Template

FORM-TM-A OF THE TRADEMARK ACT, 1999

FORM TM-A

The Trade Marks Act, 1999

Application for registration of a trademark

[The relevant information must be filled up in coloured box against the respective head]

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About this agreement

FORM-TM-A of the Trade Marks Act, 1999

Need a precise and ready-to-use FORM-TM-A of the Trade Marks Act, 1999 format for trademark registration in India? Download our customizable legal template in PDF or Word format today and streamline your application process with confidence.

What is FORM-TM-A of the Trade Marks Act, 1999?

FORM-TM-A is the official application form prescribed under the Trade Marks Act, 1999, and the Trade Marks Rules, 2017, for registering a new trademark in India. This form is essential for individuals, businesses, or entities seeking exclusive rights to a brand name, logo, or symbol. Whether you're a startup launching a product or an established company protecting its intellectual property, the FORM-TM-A format ensures compliance with the Intellectual Property Office requirements. Our ready-to-use FORM-TM-A of the Trade Marks Act, 1999 sample simplifies the filing process, saving you time and reducing errors that could lead to rejections.

Why is FORM-TM-A Format Important?

In India, trademark registration grants legal protection against infringement, allowing you to build brand equity without fear of copycats. Filing via FORM-TM-A is the first critical step, mandated by Section 18 of the Trade Marks Act, 1999. Incorrect or incomplete submissions often result in objections or delays from the Trademark Registry. Using a professional FORM-TM-A format ensures all mandatory details are accurately captured, meeting court and company requirements for validity. It's particularly vital in competitive markets where first-to-file principle applies, giving you priority rights.

Key Elements of FORM-TM-A of the Trade Marks Act, 1999

A standard FORM-TM-A format includes:

Applicant Details: Full name, address, nationality, and legal status (individual, proprietorship, company, etc.).
Trademark Representation: Clear depiction of the mark (word, device, logo) with up to 50 items for multiple classes.
Goods/Services Classification: Specification under NICE Classification for up to 45 classes.
Priority Claim: Details if claiming convention priority from foreign applications.
Legal Entity and Agent: Authorization for trademark attorney if applicable.
Fee Payment and Declaration: Schedule of fees and MSME declaration.
Supporting Documents: References to POA, user affidavit if needed.

Our customizable template highlights these sections, making it easy to fill and submit online via the IP India portal.

Who Should Use FORM-TM-A Format?

This form is ideal for:

Entrepreneurs and startups registering brand names or logos.
Businesses expanding into new product lines or markets.
Exporters protecting marks internationally with Indian priority.
Legal professionals handling IP portfolios for clients. Common use cases span manufacturing, e-commerce, services, and pharmaceuticals across civil and commercial disputes.

Download FORM-TM-A of the Trade Marks Act, 1999 Now

Get instant access to our premium FORM-TM-A format in editable Word or PDF for quick customization. Perfect for India-specific trademark filings, this legal template is designed for efficiency. Paid options include AI-assisted personalization or expert legal review to ensure 100% compliance.

Customization, Legal Advice, and More

While our FORM-TM-A of the Trade Marks Act, 1999 sample is ready-to-use and free to preview, professional customization is recommended. Consult a trademark attorney for complex cases, as this template does not substitute legal advice. Explore related formats like FORM-TM-M for series marks, opposition forms, or renewal templates. Search for 'FORM-TM-A free download India', 'trademark application format PDF', 'customizable TM-A Word template' to find us easily. Protect your brand—download today! (Word count: 528)

Important Guidelines

Guidelines for Drafting FORM TM-A

Usage: FORM TM-A is a crucial document used in trademark law, specifically in India. It is employed for the application of a trademark registration with the Office of the Controller General of Patents, Designs, and Trademarks in India. Individuals, businesses, or organizations use this form to initiate the process of registering their trademarks, including brand names, logos, or symbols, to secure legal protection and exclusive rights. Here are essential guidelines for drafting FORM TM-A:

Accurate Information: Ensure all information in FORM TM-A is accurate, including the applicant's details, the mark's description, and the list of goods or services associated with the mark.

Clear Mark Description: Provide a clear and concise description of the trademark you wish to register. Include any stylization or design elements if applicable.

Correct Classification: Choose the appropriate class of goods or services under which your trademark falls. Refer to the Indian Trade Marks Act's classification system for guidance.

Comprehensive Search: Conduct a thorough trademark search to ensure that your proposed mark is not already registered or in use by others, preventing potential conflicts.

Legal Basis: Select the correct legal basis for filing. In India, this could be "proposed to be used" or "already in use."

Common Mistakes to Avoid:

Incomplete Information: Providing incomplete or inaccurate details can lead to processing delays or rejection of your trademark application.

Improper Classification: Selecting the wrong class of goods or services can result in registration difficulties or potential legal issues.

Neglecting Search: Failing to conduct a comprehensive trademark search can lead to trademark conflicts and application rejections.

Incorrect Basis: Choosing the wrong legal basis for filing can result in issues during the registration process.

Ignoring Office Actions: If the trademark office issues office actions with requirements or corrections, address them promptly to avoid application rejection.

By adhering to these guidelines and avoiding common mistakes, you can effectively use FORM TM-A in India to apply for trademark registration, providing valuable legal protection for your brand identity and intellectual property.

Frequently asked questions

What is Form TM-A under the Trademark Act, 1999?→

Form TM-A is the official legal form used for filing a trademark application in India under the Trade Marks Act, 1999. It captures essential details like applicant information, trademark representation, and goods/services covered.

Is Form TM-A valid for trademark registration in India?→

Yes, Form TM-A is a statutory form prescribed by the Trade Marks Rules, 2017, and is legally valid for trademark applications across all Indian Trademark Registry offices.

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

No stamp duty is required for Form TM-A, as it is an application document submitted to the Trademark Registry. Only government fees based on trademark classes apply.

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

Form TM-A is available for free download in PDF format from the official IP India website. Editable Word templates are also provided for easy customization.

Can I edit or customize Form TM-A before submission?→

Yes, Form TM-A is fully customizable in Word format. Edit applicant details, mark description, and class details, then save as PDF for online or physical submission.

Who should use Form TM-A and when?→

Form TM-A should be used by businesses, startups, or individuals applying for a new trademark registration in India, right at the start of the legal application process.

1.	NATURE OF THE APPLICATION:
	[(a) The applicant must choose either of the following categories-
	1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
	Standard trademark here means an application for registration of a trademark not being a Collective or Certification trademark or Series of marks
	(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-M must be submitted.]
2.	Whether application filed as (Please choose and specify) In case of startup/ Small Enterprise, requisite certificate should be provided.	(Individual / startup / Small Enterprise/others)
	FEE:	(See First Schedule for Appropriate Fee)
3.	APPLICANT
	Name: *
	Trading as:
	Address:*
		(State) (Country)
	[ This address should be the address of the applicant's principal place of business in India]
	Address for service:
		(State) (Country)
	[(a) Unless otherwise specifically stated, the applicant's address shall be the address for service of the applicant who has principal place of business in India.
	(b) The address for service in India must be provided, in case the applicant does not carry business in India]
	Mobile No.:
	*E-mail address:**
	Nature of the applicant:
	[The applicant must choose either of the following categories- 1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership, 5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of persons 10. Hindu Undivided Family
4.	APPLICANT'S AGENT (if any):
	*Name:**
	*Address:**
	[In case of authorization of agent, the address of the agent may be mentioned as the applicant's address for service]
	*Mobile No. :**
	*E-mail address:**
	Nature of the Agent:
	[The applicant must choose either of the following categories-
	1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
	Registration No.:
5.	TRADEMARK:	(trademark to be mentioned here)
	Category of mark:
	[The applicant must choose either of the following categories-
	1. Word mark (it includes one or more words, letters, numerals or anything written in standard character), 2. Device mark (it includes any label, sticker, monogram, logo or any geometrical figure other than word mark), 3. Colour (when the distinctiveness is claimed in the combination of colours with or without device), 4. Three dimensional trademark (it includes shape or packaging of goods), 4. Sound
	Description of the mark:
	[(a) Description of mark must be provided in terms of Rule 26.
	(b) In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.
	(c) In case of colour marks the description may be like ?The trade mark consists of three vertical stripes in the colours PURPLE, GREEN and YELLOW applied to the fascias of buildings and to doors as shown in the representation of the mark."
	(d) In case of sound marks representation of specific musical notes must be submitted at the place provided for the trademark. The applicant is also required to submit sound clipping in MP3]
6.	IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH:
	Language:
	Transliteration of the mark in roman script:
	[Transliteration of the mark in roman script must be provided in case the mark is in a language other than Hindi or English
	Translation of the mark in English:
	[Translation of the mark in English must be provided in case the mark is in a language other than Hindi or English

7.	Conditions or Limitations to use the trademark, if any
8.	CLASS OF GOODS OR SERVICE:	DESCRIPTION OF GOODS AND SERVICE:

9.	STATEMENT AS TO USE OF MARK:	[ ] Proposed to be used
		[ ] The mark is used by the applicant or its predecessor in title Since____________. in respect of all the goods and/or service mentioned in the application.
	[(a) The applicant must select either of the above
	(b) The date of use must be given in the format (DD/MM/YYYY) and shall refer to all items mentioned in the application.
	(c) In case the use of the Trade Mark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents
	(d ) The statement as to use of the mark once made shall be final]
10.	PRIORITY CLAIM, IF ANY:

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1.	NATURE OF THE APPLICATION:
	[(a) The applicant must choose either of the following categories-
	1. Standard trademark, 2. Collective Mark, 3. Certification Mark, 4. Series Marks
	Standard trademark here means an application for registration of a trademark not being a Collective or Certification trademark or Series of marks
	(b) In case of Collective Mark or Certification Mark the draft regulations with form TM-M must be submitted.]
2.	Whether application filed as (Please choose and specify) In case of startup/ Small Enterprise, requisite certificate should be provided.	(Individual / startup / Small Enterprise/others)
	FEE:	(See First Schedule for Appropriate Fee)
3.	APPLICANT
	Name: *
	Trading as:
	Address:*
		(State) (Country)
	[ This address should be the address of the applicant's principal place of business in India]
	Address for service:
		(State) (Country)
	[(a) Unless otherwise specifically stated, the applicant's address shall be the address for service of the applicant who has principal place of business in India.
	(b) The address for service in India must be provided, in case the applicant does not carry business in India]
	Mobile No.:
	*E-mail address:**
	Nature of the applicant:
	[The applicant must choose either of the following categories- 1. Individual, 2. Partnership Firm, 3. Body-incorporate including Private Limited/limited Company, 4. Limited Liability Partnership, 5. Society 6. Trust 7. Government Department 8. Statutory Organization. 9. Association of persons 10. Hindu Undivided Family
4.	APPLICANT'S AGENT (if any):
	*Name:**
	*Address:**
	[In case of authorization of agent, the address of the agent may be mentioned as the applicant's address for service]
	*Mobile No. :**
	*E-mail address:**
	Nature of the Agent:
	[The applicant must choose either of the following categories-
	1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]
	Registration No.:
5.	TRADEMARK:	(trademark to be mentioned here)
	Category of mark:
	[The applicant must choose either of the following categories-
	1. Word mark (it includes one or more words, letters, numerals or anything written in standard character), 2. Device mark (it includes any label, sticker, monogram, logo or any geometrical figure other than word mark), 3. Colour (when the distinctiveness is claimed in the combination of colours with or without device), 4. Three dimensional trademark (it includes shape or packaging of goods), 4. Sound
	Description of the mark:
	[(a) Description of mark must be provided in terms of Rule 26.
	(b) In case of trademarks submitted in specific combination of colours other than black and white, it shall be presumed that the distinctiveness of the mark is claimed in that combination of colours and application will be considered accordingly.
	(c) In case of colour marks the description may be like ?The trade mark consists of three vertical stripes in the colours PURPLE, GREEN and YELLOW applied to the fascias of buildings and to doors as shown in the representation of the mark."
	(d) In case of sound marks representation of specific musical notes must be submitted at the place provided for the trademark. The applicant is also required to submit sound clipping in MP3]
6.	IF MARK IN A LANGUAGE OTHER THAN HINDI OR ENGLISH:
	Language:
	Transliteration of the mark in roman script:
	[Transliteration of the mark in roman script must be provided in case the mark is in a language other than Hindi or English
	Translation of the mark in English:
	[Translation of the mark in English must be provided in case the mark is in a language other than Hindi or English

7.	Conditions or Limitations to use the trademark, if any
8.	CLASS OF GOODS OR SERVICE:	DESCRIPTION OF GOODS AND SERVICE:

9.	STATEMENT AS TO USE OF MARK:	[ ] Proposed to be used
		[ ] The mark is used by the applicant or its predecessor in title Since____________. in respect of all the goods and/or service mentioned in the application.
	[(a) The applicant must select either of the above
	(b) The date of use must be given in the format (DD/MM/YYYY) and shall refer to all items mentioned in the application.
	(c) In case the use of the Trade Mark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents
	(d ) The statement as to use of the mark once made shall be final]
10.	PRIORITY CLAIM, IF ANY: