Notice of Opposition to the Conversion of a Trade Mark Specification (Form TM-41) (India) by Trade Marks Registry
This official form is used to formally oppose a proposal for the conversion of a trade mark's specification under the Trade Marks Act, 1999. It allows a party to state their grounds for opposition and provide necessary details regarding the registered mark and the relevant Trade Marks Journal advertisement.
FORM TM-41
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.46 of the First Schedule.
Notice of opposition to proposal for conversion of specification under Section 60(2). Rule 101(4)
[To be filed in triplicate accompanied by a statement in triplicate showing how the proposed conversion would be contrary to sub- section (1) of section 60]
In the matter of Trade Mark(s)'...registered in the name of ...in class ...of the Fourth Schedule.
I(or we)2...hereby give notice of my (or our) intention to oppose the proposal for the conversion of the specification(s) of the trade mark(s) advertised in the Trade Marks Journal of the ...day of ...20...No...page...
The grounds of opposition are as follows:
The 3 ...office of the Trade Marks Registry has been entered in the register as the appropriate office in relation to the trade mark(s).
All communications relating to this application may be sent to the following address in India:-
...
Dated this ...day of ...20...
4...
To
The Registrar of Trade marks
The Office of the Trade Marks Registry at 3...
The numbers of more than one trade mark (being associated trade marks) dealt with by the same proposal may be given provided the specification are the same and the marks are associated.
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?
This is a statutory filing form prescribed by the Indian Trade Marks Registry for contesting changes to how goods or services are classified in an existing registration. It is not a trademark application or a general notice of opposition to a new registration. It specifically requires referencing the Trade Marks Journal date and page number where the conversion proposal appeared.
When should you use it?
Use this form when a trademark proprietor proposes to adapt their registration's specification to a new classification and you believe this change violates Section 60(1) of the Act. Use Form TM-O instead for regular opposition to a new trademark application.
What's inside
| Clause | Name | What it does |
|---|---|---|
| In the matter of | Trademark Identification | Identifies the specific trademark registration numbers and class from the Fourth Schedule that are subject to the conversion proposal. |
| I(or we) | Notice of Opposition | States the formal intention of the named person or entity to oppose the conversion advertised in a specific Trade Marks Journal issue. |
| The grounds of opposition | Grounds of Opposition | Requires the opponent to specify legal reasons why the proposed conversion is contrary to subsection (1) of section 60. |
| All communications | Address for Service | Specifies a mandatory address in India where the Registrar can send all subsequent communications relating to the opposition. |
Who it's for
- a trademark owner or interested party opposing a specification conversion under Section 60(2) of the Indian Trade Marks Act
- an authorized trademark agent filing a formal objection to a Trade Marks Journal advertisement in India
How long it runs and how it's signed
Law it's drafted under
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