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The Trademark Act, 1999 deals with the protection, registration and prevention of fraudulent use of trademarks. The Trademarks Act, 1999 provides the procedure for trademark registration.
The provisions relating to the application for trademark registration is provided under The Trademarks Rules, 2017.The Form prescribed under the Trademark Rules, 2017 to apply for trademark registration is Form TM-A. The applicant (owner of the trademark) should fill and sign the Form TM-4 before submitting it to the Trademark Registry Office physically or online on the IP India website. In this article, we will discuss trademark form TM-A in detail.
Contents of Form TM-A:
The Form TM-4 is divided into several segments. The major ones:-
i) Nature of the application
- Standard trademark: A normal application to be filed for a word, device or any such combination.
- Collective mark: This is in cases where the mark belongs to a collective group or association of persons.
- Certification trademark: A certification trademark on a commodity pertains to a mark of excellence, tangibility, or a confirmation of the fact that the factory has assessed the commodity, and fulfils the necessary standards.
- Series mark: The primary component of the trademark can be utilized in different ways by the owner, and rather than filing different applications, they can be documented as a series.
ii) Nature of 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
ii) Applicant details
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 –
- Individual
- Partnership firm
- Body-incorporate including private limited/limited company
- Limited Liability Partnership (LLP)
- Society
- Trust
- Government department
- Statutory organization
- Association of persons
- Hindu undivided family
iv) Details of Agent of the applicant, if any
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:
- Registered Trade Marks Agent
- Advocate
- Constituted Attorney
v) Details of Trademark
Category of the mark can be any one of the following:
- Word
- Device
- Colour
- Three-dimensional trademark
- Sound
vi) Class and description of goods/services
The class of the particular goods or services that the trademark belongs to has to be specified clearly.
vii) Statement of use/proposed to be used
viii) Priority claim of any
ix) Verification and Signature
Documents to be Submitted Along With Form TM-A:
The following documents have to be submitted while filing Form TM-A:
- Business Registration Proof such as incorporation certificate or company registration certificate, in case of a company
- Address proof of the applicant or authorised signatory, in case of a company
- Identity proof of the applicant or authorised signatory, in case of a company
- Copy of trademark that is to be registered
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Note: This Post was last updated on January 19, 2023
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