Notice of Opposition, Counter-Statement, or Rectification of the Register (Form TM-O) (India)
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) |
STATEMENT OF CASE | [Statement of Case needs to be drafted in detail and verified by the Applicant; and an affidavit of the applicant in support, needs to be attached.] | |
4 | DETAIL OF THE PERSON SUBMITTING THE APPLICATION | |
Signature | ||
Name | ||
Authority | ||
5 | LIST OF DOCUMENTS ATTACHED, IF ANY |
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