Application to Refuse or Invalidate a Trade Mark Containing a Geographical Indication (Form TM-73) (India)
This form is used to request the refusal of a pending trademark or the invalidation of an existing trademark that contains a geographical indication. It is specifically designed for cases where a trademark may mislead the public about the true geographical origin of the goods.
FORM TM-73
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
[ See section 25(a) rule 74(2)]
(To be filed in triplicate along with the statement of case in triplicate together with an affidavit)
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 abovementioned trade mark may be removed/rectified in the following manner...
The ground(s) of my/our request is/are as follows:...
The appropriate office of the Trade Marks Registry at ...is the appropriate office.
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 not originating the territory of a country, or a region or locality in that territory with such geographical indication indicates and which is likely to cause confusion or mislead persons as to the true place of origin of such goods or class or classes of goods within the meaning of section 25(a) of the Geographical Indication 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 whichever 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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