Application to Register a Trade Mark with Convention Country Priority (Form TM-52) (India)
This is a standardized application form (Form TM-52) used to register a trademark in India under the Trade Marks Act, 1999. It specifically allows for priority claims based on a previous application filed in a convention country, ensuring the applicant retains their original filing date for multiple classes of goods or services.
FORM TM-52
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.2500/- for each class
A single application for registration of a trade mark for different classes of goods or services (other than a collective trade mark or certification trade mark) from a convention country.
Section 18(2) rule 25(4), 103
One representation to be fixed within this space and five 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 the register of the accompanying
trade mark in
class ${1}$ ... in respect of ${2}$ ...
class ${1}$ ... in respect of ${2}$ ...
class ${1}$ ... in respect of ${2}$ ...
in the name(s) of ${3}$ ... whose address is ${4}$ ... who claim (s) to be the proprietor(s) thereof [and by whom the said mark 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.$^{7}$
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 (alongwith, 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.
8...$^{9}$...
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)...
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, 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 specialized filing form for the Indian Trade Marks Registry specifically for convention priority claims. It contains dedicated fields for the original application number, the convention country, and the priority date, which are absent from the standard Form TM-1. It is not a notice of opposition or a renewal application.
When should you use it?
Use this form when you have filed a trade mark application in a Paris Convention member country and wish to file for the same mark in India within six months to maintain the earlier date. Use Form TM-1 instead if you are filing a standard application without a priority claim.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Convention Country | Convention Country Priority Details | The applicant must state the convention country name and the date of the first filing to claim an earlier priority date. |
| Name and Address | Particulars of Applicant | The applicant provides their full name, legal status, and address for service in India for all official correspondence. |
| Class | Class and Goods Description | The form requires the specification of goods or services using the International Classification of Goods and Services (Nice Classification). |
| Verification | Verification and Declaration | The signatory confirms the truth of the application contents and specifies the place and date of execution. |
Who it's for
- a foreign business filing a trade mark in India within six months of their home country application
- an Indian trade mark agent representing a client claiming priority under the Paris Convention
How long it runs and how it's signed
Law it's drafted under
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