FORM TM-55

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for Registrar’s preliminary advice as to distinctiveness or capability of distinguishing, by a person proposing to apply for the registration of a trade mark.
1 (or We) 1 ……………………..hereby request the Registrar to advise me (or us) whether the accompanying trade mark2 appears to him prima-facie to be inherently adapted to distinguish or capable of distinguishing my (or our) goods so as to comply with the requirements of Sec. 9 of the Act for registrability in Part A or Part B of the register.
The goods in respect of which I (or we) propose to apply for registration of the said trade mark are3……………. in Class4…………..
The Registrar’s advice may be sent to the following address in India5:
Dated this……….. day of ……..19 ……..
6……………….
To
The Central Government,
Through the Registrar of Trade Marks,
The Office of the Trade Marks Registry at7……………
FOOTNOTE. -If and when an application is made to register the trade mark, objection may arise if identical or deceptively similar marks are found on the records of the Trade Marks Registry. A prior notification of any such relevant marks (if they are to be found) can be obtained by a request to the Registrar on Form TM-54.
1. State the name and address in full.
2. To be sent in triplicate each representation being mounted on a sheet of strong paper approximately 13 inches by 8 inches (or 33 centimetres by 20 centimetres) in size.
3. Here specify the goods. Only goods included in one and the same class should be specified. A separate form of request is required for each class.
4. Insert the number of class (if known). In case of doubt the Registrar’s direction may be obtained.
5. State only if the address give at 3is not of a place of India.
6. Signature.
7. State the name of the place of the office of the Trade Marks Registry within whose territorial limits the place in the address in India stated in this request is situate.