Application for Refusal or Invalidation of a Trade Mark Registration Involving a Geographical Indication (Form TM-74) (India) by Trade Marks Registry
This form is used to request the refusal or invalidation of a trade mark registration in India specifically when it involves a Geographical Indication. It allows a party to challenge a pending or registered mark that conflicts with protected geographical indicators under the relevant 1999 Acts.
FORM TM-74
THE TRADE MARKS ACT, 1999
Agents Code No:
Proprietor's Code No:
Fee Rs.3,000/-
Request for refusal or invalidation of registration of a trade mark.
The Geographical Indications of Goods (Registration and Protection) Act, 1999.
[Section 25(b), rule 75(2)]
(To be filed in triplicate along with the Statement of Case in triplicate together with an affidavit accompanied by as many copies of them as there may be registered user under registration).
In the matter of trade mark No...pending/registered in the name of ... In class...
I/We...hereby apply that the pending trade mark No...in class...in the name of...be refused registration on the following grounds:...
I/We...hereby apply that the entry in the register in respect of the above mentioned trade mark may be removed/rectified in the following manner...
The grounds of my(our request are as follows...
The ...Office of Trade Marks Registry has been entered in the register as the appropriate office in relation to the trade mark 3.
The affidavit to accompany the Statement of Case shall declare that the particulars set out in the statement are true and comprise every material facts concerning the trade mark which contains or consists of a geographical indication identifying goods or class or classes of goods notified under sub-section (2) of section 22 of the Geographical Indications of Goods (Registration and Protection) Act, 1999.
to the best of knowledge, information and belief of the deponent
All communication to this request may be sent to the following address in India...
Dated this... day...of ...20
SIGNATURE...
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks...
The Office of the Trade Marks Registry at...
State the full name, address and nationality. An address for service in India should be stated if the applicant has no place of business or residence in India
Strike out the word which is not applicable
State the name of the place of the appropriate office of the Trade Marks Registry – see Rule 4.
The affidavit should be made by the persons filing the request to refuse or invalidate the registration of the trade mark.
Signature
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About this template
What is this template?
This is a prescribed statutory form used under the Indian Trade Marks Act for challenging trademarks based on geographical indications. It is not a general opposition form; it specifically targets trademarks that infringe upon protected geographical indications under Section 25(b). The document contains sections for either refusing a pending application (Section A) or removing an existing entry (Section B).
When should you use it?
Use this form when you identify a trademark that improperly uses a geographical indication for goods not originating from that region. Use Form TM-O for general oppositions not specifically tied to the Geographical Indications of Goods Act.
Who it's for
- a party seeking to refuse registration of a pending trademark number in a specific class
- an entity applying to remove or rectify a trademark entry that contains a geographical indication
- a person notifying the Registrar of goods notified under section 22(2) of the GI Act
How long it runs and how it's signed
Law it's drafted under
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