Notice of Opposition, Counter-Statement, or Rectification of the Register (Form TM-O) (India) by Trade Marks Registry
This is a standardized form used under the Indian Trade Marks Act, 1999, for filing oppositions, counter-statements, or applications for rectification of the trademark register. It facilitates the formal process of challenging a trademark application or requesting changes to existing trademark records, including issues related to Geographical Indications.
FORM TM-O
The Trade Marks Act, 1999
Opposition/Application for Rectification of the Register/Counter statement / Refusal or invalidation of a trademark under Geographical Indication of Goods (Regulation and Protection) Act, 1999
[The relevant information must be filled up in coloured box against the respective head]
[In case of off line filing, the form should be fined in duplicate]
1 | Applicant or Registered Proprietor/Opponent /Third Party Making The Application/Request | |
[(a) Anyone from the above, must be chosen on whose behalf the Notice/Application/Request is being submitted. | ||
(b) 'Applicant' or 'Registered Proprietor' here means the person who is recorded as such in TMR records in respect of the referred application or registered trademark. The 'Opponent' here means the Opponent in the referred opposition proceeding or an Applicant for Rectification desiring to cancel or vary the registration of the trademark of someone else. 'Third Party' means the person who is not a party to the application/opposition/Rectification referred to.] | ||
FEE | (See First Schedule for Appropriate Fee) | |
Name* | ||
trading as: | ||
Address:* | ||
(State) (Country) | ||
Address for service: | ||
(State) (Country) | ||
Mobile No : | ||
E-mail address:* | ||
[(a) Unless otherwise specifically stated, the applicant's/opponent's/third party's address shall be the address for service of the applicant who has principal place of business in India. | ||
(b) The address for service in India must be provided, in case the applicant/opponent/third party as the case may be, does not carry on business in India] | ||
Mobile No : | ||
**E-mail address: *** | ||
2 | AGENT OF THE APPLICANT OR REGISTERED PROPRIETOR/OPPONENT/THIRD PARTY, AS THE CASE MAY BE, (if any) | |
Name:* | ||
Address:* | ||
Mobile No :* | ||
E-mail address:* | ||
Nature of the Agent: | ||
[The applicant must choose either of the following categories- | ||
1. Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney] | ||
Registration No. | ||
[In case of authorisation of agent, the address of the agent may be mentioned as the address for service of the applicant/opponent/third party as the case may be] | ||
3 | PURPOSE | |
This column is divided in three subcategories and the same is required to be chosen by the applicant as per requirement and be filled accordingly. | ||
a | In the matter of filing opposition/rectification | |
Application/Registered Trade Mark No. | Class(es) | |
Trade Mark | ||
Application published in Journal No. | ||
[The copy of the journal publication needs to be attached] | ||
GROUNDS OF OPPOSITION/RECTIFICATION | ||
[Grounds of Opposition/Application for Rectification needs to be drafted in detail and verified by the Opponent/Applicant for Rectification and the same should be attached ] | ||
b | IN THE MATTER OF (for filing Counter Statement) | |
Opposition/Rectification No. | Class(es) | |
Application/Registered Trade Mark No. | ||
Details of Counter statement | ||
[Counter Statement needs to be drafted in detail and verified by the Applicant/Registered Proprietor for Rectification and the same needs to be attached ] | ||
c | Request to refuse or invalidate a trade mark u/s 25(a) (b) of GI Act, 1999 | |
Application/Registered Trade Mark No | Class(es) |
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About this template
What is this template?
This is a multi-purpose statutory form used by the Indian Trade Marks Registry for adversarial proceedings. It is not a contract but a formal filing that initiates or responds to legal challenges regarding trademark rights. It contains specific fields for Trade Mark Application numbers, Journal numbers, and classifications required by the registry.
When should you use it?
Use this form when you need to formally object to a pending trademark registration or respond to an opposition filed against your own application. Use Form TM-M instead for miscellaneous requests that do not involve contested proceedings or rectifications.
What's inside
| Clause | Name | What it does |
|---|---|---|
| 1 | Applicant or Registered Proprietor/Opponent/Third Party | Identifies the specific party role submitting the request and establishes the address for service within India for all future correspondence. |
| 2 | Agent of the Applicant | Specifies whether the representative is a Registered Trade Marks Agent, Advocate, or Constituted Attorney and requires their official registration number. |
| 3 | Purpose | Requires selection between three subcategories: filing an opposition against a specific Journal number, submitting a counter-statement, or requesting trademark invalidation under the GI Act. |
| 3(a) | Grounds of Opposition/Rectification | Mandates that detailed grounds be drafted, verified by the Opponent or Applicant for Rectification, and attached to the submission. |
| 3(c) | Statement of Case | Compels the submission of a verified statement and a supporting affidavit when requesting refusal under Section 25(a)(b) of the GI Act, 1999. |
Who it's for
- a party seeking to oppose a trademark application published in the Trade Marks Journal
- a registered proprietor filing a counter-statement to an existing opposition
- a third party applying for the rectification or cancellation of a registered trademark
- an applicant requesting invalidation under the Geographical Indication of Goods Act 1999
How long it runs and how it's signed
Law it's drafted under
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