Application to Register a Series of Trade Marks (Form TM-8) (India)

FORM TM-8

THE TRADE MARKS ACT, 1999

Agent's code No:

Proprietor's code No:

Fee: Rs.2,500 for each trade mark and for each separate class.

Application for registration of series trade mark for goods or services (other than a collective mark or a certification trade mark) in a class or for different classes

[Section 15(3) and rule 25(10) and 31].

(To be filed in triplicate accompanied by five additional representations of the trade mark)

One representation to be fixed within this space and others 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 of the register as a series trade mark for the accompanying trade mark in class/classes ...5... in respect of ...in the name(s) of

... whose address is ... who claim (s) to be the proprietor(s) thereof [and by whom the said mark is proposed to be used 6 or (and by whom and his (their) predecessor(s) in title 7 the said mark has been continuously used since ...] in respect of the said goods 8.

9

... . ...

All communications relating to this application may be sent to the following address in India:-

Dated this ...day of ...20... 10

...

...

To

The Registrar of Trade marks, 11

The office of the Trade Marks Registry at...

Strike out whichever is not necessary

The Registrar's direction may be obtained if the class or classes of the goods or services is not known. In the case of marks consisting of letters or numerals or any combination thereof relating to textile goods, the item number of the Fifth Schedule should be stated if the goods fall in any of the items of the said Schedule. (See Rule 144).

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, 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).

The applicant shall state the address of the principal place of business in India, if any. See rules 3 and 17 (If the applicant carries on business in the goods or services for which registration is sought at only one place in India such fact should be stated and the address of the place given. If the applicant carries on business in the goods or services concerned at more places than one in India the applicant should state fact and give the address of that place of business which he considers to be his principal place of business. If, however, the applicant does into carry on business in the goods or services concerned but carried on business in other goods or services at any one place in India this fact should be stated and the address of that place given; and where the applicant carries on such business at more places than one in India such fact should be stated and the address of the place which he considers to be his principal place of business given. Where the applicant is not carrying on any business in India the fact should be stated at and the place of his residence in India, if any, should be stated and the address of that place given. In addition to the principal place of business or of residence in India, as the case may be, an applicant may if he so desires given an address in India to which communications relating to the application may be sent). (see rule 19). Where the applicant has neither a place of business nor of residence in India the fact should be stated and an address for service in India given along with his address in his home country abroad.

Strike out if the mark is already in use

Strike out the words in if not applicable. If user by predecessor(s) in title is claimed the name(s) of such person(s) together with the date of commencement of use by the applicant himself should be stated at 9.

If there has been no use of the trade mark in respect of all the goods or services specified at 3, the items of goods or services in respect of which the mark has actually been used should be stated.

For additional matter if required, otherwise to be left blank. If colour combination is claimed, clearly indicate and state the colour. If the application is in respect of a three dimensional mark, a statement to that effect (see rule 25 and 29).

Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or person in the sole and regular employment of the applicant- See Section 123)

State the name of the place of the appropriate office of the Trade Marks Registry – (See rule 4).