Notice of Opposition to an Addition to or Alteration of a Trade Mark (Form TM-39) (India) by Trade Marks Registry
This form is used to formally oppose a requested change or addition to a trade mark that has already been registered. It provides a structured way for a third party to state their legal grounds for opposition to ensure the integrity of the Trade Marks Register.
FORM TM-39
THE TRADE MARKS ACT, 1999
Agent's Code No.
Proprietor's Code No.
Fee: Rs.1500
Notice of opposition to application for addition to or alteration of a registered trade mark. Section 59(2) rule 99(2)
(To be filed in triplicate)
In the matter of Trade Mark No...registered in the name of ... in class ...
I (or we)' ...
hereby give notice of my (or our) intention to oppose the addition to or alteration of the Trade Mark numbered and registered as above, so that it shall be in the form shown in the application advertised in the Trade Marks Journal of the ...day of...20... No...Page...
The grounds of opposition are as follows:-
The ...2office of the Trade Marks Registry has been entered in the Register as the appropriate office in relation to the trade mark.
All communications relating to this application may be sent to the following address in India:-
...
...
Dated this ...day of ...20...
3...
SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 2 ...
State full name and address. An address for service in India should be stated if the person giving notice has no place of business or of residence in India.
State the name of the place of the appropriate office of the Trade Marks Registry
(See rule 4).
Signature of the person giving notice or of his agent.
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About this template
What is this template?
Form TM-39 is a statutory filing used to prevent the modification of a trademark already on the register. It is not an opposition to a fresh trademark application, which would require Form TM-5, and it specifically targets additions or alterations advertised in the Trade Marks Journal.
When should you use it?
Use this form when you see an advertised change to a competitor's registered mark that affects your rights, rather than using a standard opposition form for new applications.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Header | Matter of Trade Mark | Identifies the specific registered trade mark number, class, and the name of the proprietor being opposed. |
| Body | Grounds of Opposition | Provides a dedicated section for the opposing party to list the legal or factual reasons for objecting to the alteration. |
| Footer | Address for Service | Requires an address in India for all communications if the opposing person has no place of business or residence in India. |
Who it's for
- a party seeking to block an advertised alteration to a registered trademark under Section 59(2) of the Indian Trade Marks Act
- an agent filing a formal objection on behalf of a client against a Trade Marks Journal entry
How long it runs and how it's signed
Law it's drafted under
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