FORM TM-1
TRADE AND MERCHANDISE MARKS ACT, 1958
APPLICATION FOR REGISTRATION OF A TRADE MARK (OTHER THAN A TEXTILE MARK OR A CERTIFICATION TRADE-MARK OR A DEFENSIVE TRADE- MARK) IN PART A/B OF THE REGISTER
[SECTION 18(1), RULE 25]
(To be filed in triplicate accompanied by ten additional representations
of the trade mark)
One representation to be fixed within this space and ten 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 affixd hereto-See rule 28.
Application is hereby made for registration in Part A1/ B of the register of the accompanying trade mark in class2
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 140. in respect of 3in the name(s) of 4 5...................whose address is 6................. who claim(s) 1,o be the proprietors) thereof (and by whom the said mark is proposed to be used) or [and by whom and his (their) Predecessor(s) in title 7 the said mark has been continuously used since…………19……………] in respect of- the said goods. 8
9 ..................................................................................................
Dated this…………day of………..19………..
10.............................................................
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at 11 …………….
1. Strike out whichever is not necessary.
2. The Registrar’s direction may be obtained if the class of the goods is not known.
3. Specify the goods. Only goods included in one and the same class should be specified. A separate application form is required for goods falling in each class. A separate application form is required for goods falling in each class.
4. 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.
5. The applicant must 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 for which registration in 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 concerned at more places than one in India the applicant should state such fact and give the address of that place of business which be considers to be his principal place of business. If, however, the applicant does not carry on business in the goods concerned but carries on business in other goods at only 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 residence in India, as the case may be, an applicant may if he so desires give 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 it the mark is already in use.
7. Strike out the words in italics 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. For additional matter if required ; otherwise to be left blank.
8. If there has been no use of the trade mark in respect of all the goods specified at, the items of goods in respect of which the mark has a actually been used should be stated.
9. For additional matter if required ; otherwise to be left blank.
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 See. 123)………
11. State the name of the place of the appropriate office of the ‘Trade Marks Registry- See rule 4.