Trademarks Form Tm 45
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FORM TM- 45
THE TRADE MARKS ACT, 1999
Age nt s Code N o:
Pr opr ie t or s Code N o:
Fee: Rs.2500/-
Application to register a textile trade mark consisting exclusively of letter or numerals
from a convention country.
section 18(1), 154(2) rule 25(6), 26, 144, and 145
(To be filled in triplicate accompanied by five additional representation of the trade mark)
One represent at ion
t o be sent separat ely.
Represent at ion of t he larger size m ay be folded but m ust t hen be m ount ed upon linen or ot her
suitable material affixed thereto. (See rule 28).
t his space and
fixed wit hin
five ot hers
t o be
Application is hereby made for registration in the register of the accompanying
trade mark in class 1 __________________________________ in respect of 2 _________________________in the name(s) of
3___________________ w hose address is 4 ________________________ w ho claim ( s) t o be t he propriet or( s) t hereof
t o be used 5 or ( and by whom and his ( t heir)
[ and by whom
predecessor( s) in t it le 6 t he said m ark has been cont inuously used since __________] in respect of t he
said goods or services.7
t he said m ark
is proposed
The application in a convention country to register the trade mark has been made in on
A cert ified copy cert ified by an official of t he convent ion count ry in which t he applicat ion was filed is
enclosed (along with its translation in English).
I / We request t hat t he t rade m ark m ay be regist ered wit h priorit y dat e based on t he 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 at 11_________________________
1.The Registrar's direction may be obtained if the class of the goods or services is not known.
2.Specify t he goods or services for t he class in respect of which applicat ion is m ade. A separat e
sheet det ailing t he goods or services m ay be used. The specificat ion of goods or services should not
ordinarily exceed five hundred charact ers. An excess space fee of Rs.10 per charact er is payable
beyond this limit. [See rule 25(16)]. The applicant must state the exact number of excess characters
w here t he specificat ion of goods or services exceeds of five hundred charact ers at t he space
provided immediately before the signature.
3. I nsert legibly t he full nam e, descript ion ( occupat ion and calling and nat ionalit y of t he 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) . I f t he applicant carries on business in t he goods or services for which regist rat ion is sought
at only one place in I ndia such fact should be st at ed and t he address of t he place given. I f t he
applicant carries on business in the goods or services concerned at more places than one in India the
applicant should st at e such fact and give t he address of t hat place of business w hich he considers t o
be his principal place of business. I f, however, t he applicant does not carry on business in t he goods
or services concerned but carries on business in ot her goods or services at any one place in I ndia
t his fact should be st at ed and t he address of t hat place given; and where t he applicant carries on
such business at m ore places t han one in I ndia such fact should be st at ed and t he address of t he
place which he considers t o be his principal place of business given. Where t he applicant is not
carrying on any business in I ndia t he fact should be st at ed and t he place of his residence in I ndia, if
any, should be st at ed and t he address of t hat place given. I n addit ion t o t he principal place of
business or of residence in I ndia, as t he case m ay be, an applicant m ay if he so desires given an
address in I ndia t o which com m unicat ions relat ing t o t he applicat ion m ay be sent ) .( see rule 19) .
Where t he applicant has neit her a place of business nor of residence in I ndia t he 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. St rike out t he words if not applicable. I f user by predecessor( s) in t it le is claim ed t he nam e( s) of
such person( s) t oget her wit h t he dat e of com m encem ent of use by t he applicant him self should be
stated at 8.
7. I f t here has been no use of t he t rade m ark in respect of all t he goods or services specified at 2,
the items of goods or 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.I f colour com binat ion is claim ed, clearly indicat e it and st at e t he colours. . I f t he applicat ion is in
respect of a three dimensional mark, a statement to that effect (see rule 25 and 29).
10. Signat ure of t he applicant or of his agent ( legal pract it ioner or regist ered t rade m arks agent or
person in the sole and regular employment of the applicant- ( See Section 145)
9. St at e t he nam e of t he pla ce of t he appropriat e office of t he Trade Marks Regist ry. ( see rule
4)