Application for Rectification or Removal of a Trade Mark from the Register (Form TM-26) (India) by Trade Marks Registry
This document is an official form used to request the rectification or removal of a trade mark from the trade mark register. It allows an applicant to state grounds for changing or deleting a registration based on specific legal sections of the Trade Marks Act.
FORM TM-26
THE TRADE MARKS ACT, 1999
Agents Code No:
Proprietor's Code No:
Fee: Rs.3000
Application for the rectification of the register or the removal of trade mark from the register.
section 47 or 57 and rule 92.
(To be filed in duplicate/ triplicate along with the statement of case in duplicate/triplicate and accompanied by as many copies of each of them as there are registered users under the registration).
In the matter of Trade Mark No...
registered in the name of ... in Class...
I (or We) ' ... hereby apply that the entry in the register in respect of the abovementioned Trade Mark may be (removed)2 (rectified) in the following manner:-
The grounds of my (our) application are as follows:-
The 3...Office of the Trade Marks Registry has been entered in the register as the appropriate office in relation to this trade mark.
No action concerning the trade mark in question is pending in any court
All communications relating to this application may be sent to the following address in India:-
Dated this ...day of ...20...
4...
SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 3...
State full name, address and nationality. An address for service in India should be stated if the applicant has no place of business or of residence in India.
Strike out the word that is not applicable
State the name of the place of appropriate office of the Trade Marks Registry
Signature
(See Rule 4).
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About this template
What is this template?
This is a statutory filing used by the Indian Trade Marks Registry for administrative or legal challenges to registered marks. It is not a contract or a private agreement but a formal request to a government registrar. It specifically requires a Fee of Rs.3000 and a statement of case.
When should you use it?
Use this form when you need to remove a mark for non-use or rectify an entry that was made without sufficient cause. Use Form TM-M instead for miscellaneous requests that do not involve formal rectification under Section 57.
What's inside
| Clause | Name | What it does |
|---|---|---|
| In the matter of | Registration Details | Requires the applicant to specify the Trade Mark Number and the Class under which the mark is currently registered. |
| hereby apply | Nature of Application | Requires the applicant to select whether the entry in the register should be removed or rectified. |
| The grounds | Grounds for Application | Mandates the submission of a statement of case in duplicate or triplicate outlining the legal basis for the request. |
| No action concerning | Pending Litigation Declaration | Confirms that no existing court proceedings regarding the specific trade mark are currently active. |
Who it's for
- a person seeking to cancel or amend a third-party trade mark registration in India
- an aggrieved party filing under section 47 or 57 of the Trade Marks Act 1999
How long it runs and how it's signed
Law it's drafted under
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