Trademarks Form Tm 37
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FORM TM- 37
THE TRADE MARKS ACT, 1999
Age nt s Code N o:
Pr opr ie t or s Code N o:
Fee: Rs.2500/- for each trade mark and for each separate class.
Application for the registration of series trade mark for goods or services (other than a
collective mark or a certificate trade mark) in a class or for different classes from a
convention country under sections 154(2) and 15(3), rule 25(11), 26 and 31,
(To be filled in triplicate accompanied by five additional representation of the trade
mark)
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
trade mark in class/classes 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____________
10..SIGNATURE NAME OF SIGNATORY IN LETTERS.
To
The Registrar of Trade marks,
The office of the Trade Marks Registry at11________________________
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 pr services 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).
8. 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)
9. State the name of the place of the appropriate office of the Trade Marks Registry. (See Rule
4)