Notice of Opposition to the Registration of a Trade Mark (Form TM-5) (India) by Trade Marks Registry
This is a formal legal form used to file a notice of opposition against the registration of a trade mark, collective mark, or certification mark. It allows a party to state their grounds for opposition after a mark has been advertised in the official Trade Marks Journal.
FORM TM-5
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fee : Rs.2500
Back
Notice of opposition to application for registration of a trade mark or a Collective mark or a certification mark-
[Section 21(1). 64,66, 73. rule 47(1).131(1),138(1)]
(To be filed in triplicate)
In the matter of Application No...by ...I(or we)' ... hereby give notice of my (or our) intention to oppose the registration of the trade mark/certification mark/collective mark/ advertised under the above number for class ...in the Trade Marks Journal dated the ...day of...20...No...page...
The grounds of opposition are as follows:-
3...
All communications in relation to these proceedings may be sent to the following address in India
...
...
Dated this ... day of ... 20...
4...
...
SIGNATURE NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks,
The office of the Trade Marks Registry at[5]
State full name and address. An address for service in India should be given if the opponent has no place of business or of residence in India.
Strike out whichever is not necessary
If registration is opposed on the ground that the mark resembles marks already on the register the numbers of those marks and of the journals in which they have been advertised are to be set out.
Signature of the opponent or of his agent.
State the name of the place of the appropriate office of the Trade Marks Registry – (See rule 4).
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About this template
What is this template?
This is a prescribed statutory form for initiating opposition proceedings against a trademark application. It is not a legal brief or a witness statement, but the formal filing that triggers the opposition period. It specifically requires the Trade Marks Journal date and page number where the mark was advertised.
When should you use it?
Use this form when you need to block a trademark application from proceeding to registration after it has been advertised in the official journal. Use a 'Counter-Statement' instead if you are the applicant responding to an opposition filed against you.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Main Body | Notice of Intention to Oppose | Identifies the specific application number and class of the mark being opposed as advertised in the Trade Marks Journal. |
| 3 | Grounds of Opposition | Requires the opponent to list reasons for opposition, including registration numbers of any resembling marks already on the register. |
| Footnote 1 | Address for Service | Obliges the opponent to provide a full address for service in India if they lack a local place of business. |
Who it's for
- a party seeking to prevent the registration of a competing mark in India
- an agent filing a formal objection under the Trade Marks Act 1999
- a business claiming a mark resembles their existing registered trademark
How long it runs and how it's signed
Law it's drafted under
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