Payment of Surcharge for Renewal of an Expired Trade Mark (Form TM-10) (India)
This form is used to pay a surcharge for the late renewal of an expired trade mark, collective mark, or certification mark. It is filed when the standard renewal deadline has passed but the grace period is still active.
FORM TM-10
THE TRADE MARKS ACT, 1999
Agent's code No:
Proprietor's code No:
Fees:Rs.3,000/-
Application for payment of surcharge towards renewal of a trade mark, collective mark and certification trade mark under proviso to sub-section (3) of section 25. rule 65,132(b),138(3).
I (or we) $^{1}$ ... the registered proprietor/s hereby made by apply for the renewal of registration of registered trade mark collective mark/certification trade mark No. in class ...which has expired on ...and the renewal certificate be sent to the following address in India:-
Dated this ...day ...of 20...
Signature
Name of signatory in Letters
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at [3]...
Strike out whichever is not applicable
Insert here the full name and address of the Registered Proprietor.
3 Signature of the registered proprietor or of his agent.
State name of the place of the appropriate office of the Trade Marks Registry-
(See rule 4)
To be filed along with Form TM-12 and TM-13 together with prescribed fees thereof.
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About this template
What is this template?
This is a statutory filing form specifically for the Indian Trade Marks Registry. It is used exclusively for the payment of a surcharge penalty when a renewal is filed late, and it is not a renewal application itself. It contains fields for the trade mark number, the class of goods, and the proprietor's registered address.
When should you use it?
Use this form when a trade mark registration in India has expired and you are within the grace period allowed to pay a surcharge to keep the registration active. Use Form TM-12 instead if you are filing a standard renewal before the expiration date.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Identification | Proprietor Details | The applicant must state the name and address of the registered proprietor as it appears on the Trade Marks Register. |
| Mark Details | Trade Mark Particulars | The form requires the entry of the specific Trade Mark number and the class or classes of goods and services it covers. |
| Fees | Payment of Surcharge | The applicant confirms the payment of the prescribed surcharge in addition to the standard renewal fee. |
| Representation | Agent Authorization | If an agent is filing, they must provide their name and address and state their authority to act on behalf of the proprietor. |
Who it's for
- a trade mark owner in India seeking to renew a mark after the expiration date has passed
- an intellectual property agent filing renewal surcharges on behalf of a client in India
How long it runs and how it's signed
Law it's drafted under
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