Request for a Certificate for the Assignment of an Unregistered Trade Mark (Form TM-17) (India) by Trade Marks Registry
This form is used to request a certificate from the Registrar regarding the proposed assignment of a registered trade mark. It ensures that the transfer of ownership complies with legal requirements under the Trade Marks Act.
FORM TM-17
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.2500 for the first trade mark and Rs.500 for every additional trade mark included in the assignment
Application for the certificate of the Registrar under Section 40(2) with reference to a proposed assignment of a registered trade mark, rule 77.
(To be accompanied by a statement of case in duplicate and a copy of the proposed assignment)
In the matter of Trade Mark(s) No(s)...registered in the name of ...in class (es)...
Application is hereby made by ' ...being the registered proprietor (s) of the abovementioned registered trade mark(s) for the Registrar's certificate under section 40(2) with reference to a proposed assignment of the registered trade mark(s) No.(s)... to[2... in circumstances that are stated fully in the accompanying statement of case.
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 [4 ...
Insert the full name and address of the registered proprietor.
Insert the full name, address and nationality of the proposed assignee.
Signature of the registered proprietor 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 statutory filing form (Form TM-17) specifically for the Indian Trade Marks Registry. It is not an assignment agreement itself, but a formal request for a certificate from the Registrar regarding a proposed transfer. It requires the inclusion of a statement of case and specific fee payments in Rupees.
When should you use it?
Use this form when you need the Registrar's approval for a trade mark assignment in India before the actual transfer is finalized. If you are actually transferring the mark rather than seeking a certificate, use a Deed of Assignment instead.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Fee | Fee Details | Specifies a fee of Rs.2500 for the first trade mark and Rs.500 for every additional mark included. |
| Rule 77 | Statement of Case Requirement | Mandates that the application be accompanied by a statement of case in duplicate and a copy of the proposed assignment. |
| Section 40(2) | Registrar Certificate Request | Requests the Registrar's certificate regarding a proposed assignment to a named assignee under the specified statutory section. |
Who it's for
- a registered proprietor of an Indian trade mark proposing to assign ownership to another party
- a legal agent in India filing for a certificate of assignment under Section 40(2)
How long it runs and how it's signed
Law it's drafted under
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