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The Trademarks Act, 1999 and the Trademarks Rules regulate the law relating to trademarks in India. The Trademarks Act, 1999 provides the procedure for trademark registration.
The Trademarks Rules, 2017 (‘Rules’) provides the provisions relating to the application for trademark registration. The Form prescribed under the Rules to apply for trademark registration is Form TM-A. In this article, we will discuss trademark form TM-A in detail.
A trademark is a visual symbol that represents a company or the products or services provided by an individual. It can be depicted by way of a word signature, name, device, label, numerals or a combination of symbols.
The purpose of having a trademark is to distinguish the goods and services of one entity/individual from that of the others. A trademark is generally used to brand products or services rendered so that they are easily identifiable. ClearTax helps you with trademark registration. Know more here.
Under the Trademarks Rules, 2002, the Form TM-1 had to be submitted to the Registrar of Trademarks for trademark registration. However, the Trademark Rules, 2017 replaced the Trademarks Rules, 2002. Thus, currently, the Form TM-A is the application to be filed for registering trademarks as per the Trademarks Rules, 2017.
The Form TM-A must be filled and signed by the applicant (owner of the trademark) before submitting it to the Trademark Registry Office physically or online on the IP India website. The applicant can be an individual or company. In the case of a company, the authorised signatory or director should sign the form.
The form comprises the following information that needs to be filled by the applicant:
The details to be filled here are with respect to whether the entity comes under the category of an individual/start-up/small enterprise/others. The fee levied will differ depending on the constitution of the application.
The basic details such as the name, trade name and address of the principal place of business, mobile number, the e-mail address of the applicant and the nature of the applicant must be entered appropriately.
The applicant must choose the appropriate category and fill it under the nature of the applicant. The category of the applicant must be any one of the following –
The basic details of the agent are to be provided in the prescribed form. Additionally, the nature of the agent needs to be specified too. The nature of the agent given in the form include the following:
Here, category and description of the mark need to be mentioned clearly.
Category of the mark can be any one of the following:
Description of the mark
Firstly, the language has to be mentioned. Additionally, the translation of the mark in English has to be provided, if the trademark is a language other than English or Hindi.
Any condition or limitation placed with regard to the use of the trademark has to be mentioned here in detail.
The class of the particular goods or services that the trademark belongs to has to be specified clearly.
When the trademark is not yet in use and is proposed to be used after its registration, the applicant must select the ‘Proposed to be used’ option. When the applicant is already providing goods or services under the trademark, the option ‘The mark is used by the applicant or its predecessor in title’ must be selected and the date from which it is being used is to be mentioned.
In case the trademark to be registered is already being used by the applicant prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents. The statement as to use of the mark once made shall be binding and final.
When a specific trademark is filed for the first time, the owner is granted a six month period from the date of first filing in order to be filed in any other country as well. This is done to ensure that the priority claim can be made on a specific trademark over the world to avoid future conflict. The specified fields mentioned in the application must be filled accordingly.
Any additional information in relation to this statement, which is required or that the applicant feels is necessary may be provided here.
The name, signature and authority of the person submitting the application have to be mentioned in the boxes provided in the application.
The following documents have to be submitted while filing Form TM-A:
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