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Trademarks Form Tm M

· 5 min read
Priyansh Khodiyar
Vaquill co-founder
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FORM TM-M The Trade Marks Act, 1999 Application/Request for any miscellaneous function in respect of a trademark Application/ Opposition/Rectification  under the Trade Marks Act  This form is divided into three Parts i.e. A, B & C. Part A and C are required to be filled compulsorily. Part B is further divided into several subcategories and the same is required to be chosen by the applicant as per requirement and be filled accordingly. [Note:  One form is meant for one request only. Different forms should be submitted for different requests. In case more than one request is claimed in one form the first one will be entertained and rest of the requests will be ignored.] PART A [applicants details] 1                         FEE  (See First Schedule for Appropriate Fee) Applicant or Registered Proprietor/Opponent/Third Party Making the Application/Request  [(a) Anyone from the above, must be chosen on whose behalf the application/request is being submitted.  (b) 'Applicant' or 'Registered Proprietor' here means the person who is recorded as such in TMR records in respect of the referred application or registered trademark. The 'Opponent' here means the Opponent in the referred opposition proceeding or an Applicant for Rectification desiring to cancel or vary the registration of the trademark of someone else. 'Third Party' means the person who is not a party to the application/opposition/Rectification referred to.]  Name: *   Trading as   Address:*     (State)                          (Country)                       Address for service:       (State)                           (Country) [(a) Unless otherwise specifically stated, the applicant's/opponent's/third party’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 above person does not carry on business in India] Mobile No :   E-mail address: *   2                   Agent of the applicant or registered proprietor/opponent/third party, as the case may be,  (if any) Name:    address   Mobile No:   E-mail address:    Nature of the Agent   [One of the following categories must be chosen - 1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney] Registration No.   [In case of authorisation of agent, the address of the agent may be mentioned as the address for service of the Applicant or Registered Proprietor/Opponent/Third Party as the case may be.] 3        REQUEST/ APPLICATION IN THE MATTER OF Application / Opposition/ Rectification No Reference No    [Anyone of the above must be chosen]     Additional Reference, if required     PART B: PURPOSE  OF REQUEST [application column required to be ticked as filled in] a   For correction of clerical error or for amendment under rule 37   Details of corrections   b     Statement of grounds of Registrar’s decision under rule 36 Hearing Date   Order No. and date   c         For certificate of the Registrar or certified copy of a document under rule 122                  If request is for EXPEDITED certificate  YES or NO [In case of request for expedited certificate, the fee will be ordinarily five times of normal request]  Details of certified copy required   No of copies of document required     d For particulars of advertisement of a trade mark under rule 41   e Request for Review of Registrar’s decision     Hearing Date  Order No. and date  [Number of associated applications/registered trademark numbers and fee in Rs are to be entered here] f   Request for extension of time under rule 109 Reason for extension of time period period of extension of time requested  g Preliminary Advice about the distinctiveness of the trademark, U/S 133 mark to be entered/pasted here h   Request of expedited examination of an application under rule 34 Declaration of reason for expedited examination   i     Division of an  Application under rule 108 Class to be divided   Trademark(s) (in case of series marks)  to be divided     j Request for duplicate Registration Certificate under rule 56 (3)     k  Request for Inclusion of Trademark in the list of Well- Known Trademarks Registration Certificate under rule 124 Representation of the Mark (paste here)  Fee in Rs. Is requested mark is registered with Trademark Registry, India – if Yes (details there off   l Request for the inspection of the document under rule 121 Purpose Fee in Rs m Amendment of regulation for governing the use of a collective trademark or a certification trademarks under section 66 Purpose Fee in Rs n A request to enter in the register and advertise a note of certificate of validity, under rule 127 Purpose Fee in Rs o On Petition (not otherwise charged) for obtaining Registrar’s order for any interlocutory matter in a contesting proceeding Purpose Fee in Rs p For payment of Misc. fee(s) for other purpose(s) apart from above Purpose Fee in Rs q Regulation for governing the use of a collective trademark or a certification trademarks   Copy of the draft regulation should be attached   r For submitting Authorization of Agent under rule 19  [The copy of the Power of Attorney must be attached]  PART C [details of the person making application/request and details of documents submitted]  a DETAILS OF THE PERSON SUBMITTING THE APPLICATION   Signature     Name     Authority   b LIST OF DOCUMENTS ATTACHED, IF ANY      
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