Forms for Trademark Registration in India

A Trademark is a term, phrase, symbol, or design, or a combination of phrases, words, symbols, or designs, used in commerce to identify and differentiate the source of one enterprise's products or services from those of another. A Service Mark is similar to a trademark, except it is used to identify and differentiate the provider of a service rather than a product.

Who can apply for a Trademark Registration?

Any individual can file a trademark registration application with the Trademark Registry, whose jurisdiction includes the applicant's primary place of business in India. Anyone can apply in his or her name for a future assignment of the registration on the company's behalf if a business is scheduled to be founded.

Requirements to be fulfilled for Trademark Registration Form

• The name of the trading style, the name of the firm, or the name of the company.
• The proprietor's name or the names of the partners
• The Business Location's Address
• 20 trade mark logo labels in visiting card size, font style, or device
• A list of the items to which the mark can be applied. 
• In the event that the applicant wishes to retain the services of a Trademark Attorney, an Authorization Form on Form TM-48 must be completed and signed by the authorised signatory on stamp paper.
• Please provide the Memorandum and Articles of Association (MOA) if it is a Private Limited Company or a Public Limited Company.

Trademark Application Forms

Trademark Form TM-1 

Application for trademark registration for any class of goods or services.

Form TM-2 (Trademark Application)

Application for trademark registration for any class of goods or services with a priority claim as per Section 154.

Form TM-3 (Trademark Application)

Application for trademark registration of a collective mark for any class of products or services.

Form TM-4 (Trademark Application)

Application for trademark registration of a certification mark for any class of products or services.

Form TM-8 (Trademark Application)

An application to register a number of trademarks under a certain class or classifications of products or services.

TM-37 is a trademark application form.

An application to register a set of trademarks for a certain class or classes of products or services, with a priority claim as per Section 154.

TM-51 is a trademark application form.

One application for trademark registration for many kinds of products or services.

TM-52 is a trademark application form.

One application for trademark registration for many types of products or services, including a claim of priority under Section 154.

TM-64 is a trademark application form.

Application for trademark registration of a collective mark for products or services in any class with a Section 154 priority claim.

TM-65 is a trademark application form. 

Application for trademark registration of a certification mark for products or services in any class with a Section 154 priority claim.

TM-66 is a trademark application form.

One application for collective mark registration for many kinds of products or services.

TM-67 is a trademark application form.

One application for trademark registration of a collective mark for many kinds of products or services with a Section 154 priority claim.

TM-68 is a trademark application form.

One application for certification mark registration for many kinds of products or services.

TM-69 is a trademark application form.

One application for trademark registration of a Certification mark for many types of products or services with a Section 154 priority claim.

Which Form is compulsory for Trademark Registration?

The Form TM-1 was needed when seeking trademark registration under the Trademarks Rules, 2002. The Trademark Rules, 2017 have replaced the Trademarks Rules, 2002 in terms of trademark law. Before submitting Form TM-A to the Trademark Registry Office online or in person through the Intellectual Property India website, applicants must fill out and sign it.

How do I file for a Trademark Form?

When filling out Form TM-A, keep the following papers and information on hand: 

• The applicant's name  
• The applicant's address, 
• Phone number, and e-mail ID 
• Legal status, if the application is a company. 
• Affidavit from a previous user (if applicable) 
• If the application is being submitted online, a letter of authorisation is required.

Which Procedure do I need to follow for Trademark Registration?

The method that you should follow for Trademark Registration has been discussed below. They are:-

Pick a trademark.

To identify your products and services in this business, your trademark should be unique, non-descriptive, and unique.

In order to find a trademark, you must first do a trademark search.

This search will reveal whether or not any trademarks are similar to yours. You can see if they are registered or not. As a consequence, you'll be able to avoid trademark infringement lawsuits.

Completed Application

You must submit a trademark registration application with the correct class and details. The required forms must be submitted to the Controller General's Office of Designs, Patents, and Trademarks.

When a trademark application is filed, the Trademarks Registry will assign it an application number.

By using the online trademark search option, the application may then be followed up on.

After obtaining the application number, the applicant may use the TM symbol next to the registered mark.

Vienna Codification Application

After the application is submitted, the Indian Trade Marks Registry issues a Vienna code if the trademark contains symbolic elements/logos.

Examination of a Trademark Application

In accordance with the Trade Marks Act of 2016, the Examiner is required to give a relevant examination report following a thorough investigation of the trademark application.

The authority's examination report may or may not reveal any issues, whether basic, subjective, or procedural in character. The Trademark Authority issues this examination report thirty days after the application for trademark registration is lodged.

Trademark Registration

The last phase in the process is registration, which occurs once the application has been cleared of any objections and/or opposition to trademark registration.

Furthermore, if no opposition to the trademark's registration were raised throughout the four-month advertisement/publication phase, the trademark will acquire an auto-generated registration certificate within one week. The registration is valid for ten years after completion, after which it should be renewed within a certain deadline.

A Certificate of Trademark Registration has been issued.

If no objections are filed during the 90 day period, or if your trademark application is accepted following a trademark opposition hearing, the Registrar will authorise your trademark application. After that, the Registrar will provide you with a Registration Certificate with the Trademark Registry stamp on it.

You can use the registered trademark sign (®) with your brand name as soon as you receive your certificate.

Conclusion

Therefore, from the above details in this article, you have come to know about the different categories of Trademark Registration Forms through which you can register for a trademark. Online legal India and its team will help you with all type of services related to registration of trademark and also provides you with the necessary information.