Application to Register a Certification Trade Mark with Convention Country Priority (Form TM-65) (India) by Trade Marks Registry
This is an official form used to apply for the registration of a certification trade mark in India when the applicant has already filed in a convention country. It allows the applicant to claim priority based on the original filing date under the Trade Marks Act, 1999.
FORM TM-65
THE TRADE MARKS ACT,1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.10,000/-
Application under section 71 to register a certification trade mark for specification of goods or services included in a class from a convention country under section 154(2) rule 25(8)(b), 135(1)
(to be filed in triplicate accompanied by three copies of the draft regulation with Form TM-49)
One representation is to be fixed within this space and five others is to be sent separately. Representation of a larger size may be folded but must then be mounted upon linen or other suitable material and affixed hereto. See rule 28.
Application is hereby made for registration in the Register of Trade Mark of the accompanying certification trade mark in class 1... in respect of 2... in the names of 3...whose address is 4 ...who claims(s) to be the proprietor(s) thereof [and by whom the said is proposed to be used 5 or (and) by whom and his (their) predecessor(s) in title 6 the said mark has been continuously used since...in respect of the said goods or services 7]...8...9
The application in a convention country to register the trade mark has been made in ...on ...
A certified copy certified by an official of the convention country in which the application was filed is enclosed (along with its translation in English)
I(we request that the trade mark may be registered with priority date based on the above mentioned application in a convention country under the provisions of Section 154 of the Act.
All communications relating to this application may be sent to the following address in India:-
Dated this ... Day of ...20... 10...
SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 11
1.The Registrar's direction may be obtained if the class or classes of the goods or services is not known.
Specify the goods or services for the class or classes in respect of which application is made. A separate sheet detailing the goods or services may be used. The specification of goods or services should not ordinarily exceed five hundred characters. An excess space fee of Rs.10 per character is payable beyond this limit. See rule 25(16). The applicant shall state the exact number of excess characters where the specification of goods or services exceeds of five hundred characters at the space provided immediately before the signature.
Insert legibly the full name, description (occupation and calling and nationality of the applicant). In the case of a body corporate or firm the country of incorporation or the names and descriptions of the partners composing the firm and the nature of registration, if any, as the case may be, should be stated. (See rule 16).
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About this template
What is this template?
This is a statutory filing form for the Indian Trade Marks Registry and is not a private contract. It specifically handles certification marks with convention priority rather than standard collective or individual trademarks.
When should you use it?
Use this form when you have already applied for a certification mark in a Paris Convention country and wish to file in India within six months to retain the original priority date. Use Form TM-4 if applying for a standard trademark without convention priority.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 2 | Goods or Services Specification | Requires the applicant to specify the goods or services within a class, limited to 500 characters before excess fees apply. |
| Convention Priority Section | Convention Country Details | The applicant must state the convention country and date where the original trademark application was filed to claim priority. |
| Enclosure Section | Certified Copy Requirement | Requires a certified copy of the convention country application and an English translation to be enclosed with the filing. |
| 4 | Address for Service | Mandates a principal place of business or an address for service in India for all official communications. |
Who it's for
- an international entity seeking to register a certification mark in India while claiming priority from a foreign filing
How long it runs and how it's signed
Law it's drafted under
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