Application to Register a Registered User of a Trade Mark (Form TM-28) (India) by Trade Marks Registry
This document is an official form used to register a person or entity as a registered user of a trademark. It formalizes the agreement between the trademark owner and the authorized user, specifying the goods or services covered and any applicable restrictions.
FORM TM-28
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entries Nos. 32 and 33 of the First Schedule.
Application for registration of registered user.
Section 49 rule 80
(to be filed in triplicate accompanied by the agreement in writing between the registered proprietor and the proposed registered user or a duly authenticated copy thereof, the other documents mentioned in rule 80(1), an affidavit setting forth particulars and statements as required by rule 80(2) and by two copies of each of the aforesaid documents).
Application is hereby made by '...who is (or are) the registered proprietor(s) of Trade Mark(s)2...registered in class ... in respect of 3...and by4... that the said5 ...may be registered as a registered user of the above mentioned registered trade mark(s) in respect of6 ...subject to the following conditions and restrictions7:-
8(The proposed permitted use is to end on the ...day of ...20...)
(The proposed permitted use is without limit of period).
All communications relating to this application may be sent to the following address in India:-
Dated this ...day of ...20...
9... .
10...
NAME OF SIGNATORIES
NAME IN BLOCK LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 11...
Insert full name, address and nationality of the registered proprietor
Additional numbers may be given in a signed schedule on the back of the Form
Here Insert the specification as in the register
Here insert the full name, description(calling or occupation, nationality and address of the principal place of business in India, if any, of the proposed registered user. If there is no place of business in India, state the address of the place of residence in India, if any. If there is not even a place of residence in India, state the address in the home country abroad and an address for service in India
Insert name of proposed registered user
Insert designation of goods or services (which must be comprised within the specification)
Write none if there are no conditions or restrictions
Strike out the words that are not applicable
Signature of registered proprietor or of his agent
Signature of proposed registered user or of his agent
State the name of the place of the appropriate office of the Trade Marks Registry (See Rule 4).
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About this template
What is this template?
This is a statutory filing form used to notify the Indian Trade Marks Registry of a licensed user arrangement. It is not the trademark license agreement itself, but a formal application that must be accompanied by that agreement and a supporting affidavit. It contains specific fields for Proprietor's Code and Agent's Code mandated by the Registry.
When should you use it?
Use this form when you have already executed a trademark license agreement and need to record the user on the official register in India. If you are assigning ownership of the mark rather than just licensing use, use Form TM-23 or Form TM-24 instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Sections 1 and 4 | Identification of Parties | Identifies the registered proprietor and the proposed registered user by name, address, and nationality. |
| Sections 2 and 3 | Trademark Particulars | Specifies the trademark registration numbers and the class of goods or services as recorded in the register. |
| Section 7 | Conditions and Restrictions | Allows the parties to specify any limitations or rules governing the permitted use of the trademark. |
| Section 8 | Period of Permitted Use | Defines whether the trademark use has a fixed end date or is granted without a limit of period. |
Who it's for
- a trademark owner in India authorizing another party to use their mark officially
- parties filing a statutory application under Section 49 of the Trade Marks Act 1999
How long it runs and how it's signed
Law it's drafted under
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