Request for Preliminary Advice on the Distinctiveness of a Trade Mark (Form TM-55) (India) by Trade Marks Registry
This form is used to request a preliminary assessment from the Registrar regarding the distinctiveness of a proposed trademark in India. It helps applicants determine if their mark is eligible for registration under the Trade Marks Act before filing a formal application.
FORM TM-55
THE TRADE MARKS ACT, 1999
Fee: Rs.1000
Application for Registrar's preliminary advice as to distinctiveness by a person proposing to apply for the registration of a trade mark.
Section 133(1) rule 23.
I (or we)' ...hereby apply to the Registrar to advice me (or us) whether the accompanying trade mark 2 appears to him prima facie to be distinctive in respect of my (or our) goods or services.
The goods or services in respect of which I (or we) propose to apply for registration of the said trade mark are 3... in class 4...
The Registrar's advice may be sent to the following address in India :-
Dated this ...day of ...20...
5...
SIGNATURE
NAME OF SIGNATORY IN LETTERS
To
The Registrar of Trade Marks
The Office of the Trade Marks Registry at 6...
State the name and address in full
To be sent in triplicate, each representation being mounted on a sheet of strong paper approximately 33 centimetres by 20 centimetres in size.
Here specify the goods or services . Only goods or services included in one and the same class should be specified. A separate application is required for each class.
State only if the address given at is not of a place in India.
Signature
State the name of the place of the appropriate office of the Trade Marks Registry (see rule 4)..
Footnote: If and when an application is made to register the trade mark, objection may arise if identical or deceptively similar marks are found on the records of the Trade Marks Registry. A prior notification of any such relevant marks(if they are to be found) can be obtained by a request to the Registrar in Form TM-54.
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About this template
What is this template?
This is an official statutory form submitted to the Indian Trade Marks Registry for preliminary assessment under Section 133(1). It is not a trademark application itself, but a pre-application request for advice on distinctiveness. It specifically excludes searches for conflicting marks, which require Form TM-54.
When should you use it?
Use this form when you have a mark and want the Registrar's opinion on its inherent distinctiveness before paying full registration fees. Use Form TM-54 instead if you need to search for identical or deceptively similar marks already on record.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Section 133(1) | Request for Advice | The applicant requests the Registrar to advise whether the accompanying mark appears prima facie distinctive for specified goods or services. |
| 3 | Goods or Services Specification | The applicant must specify goods or services included in only one class per individual application. |
| Address in India | Address for Service | The applicant provides a specific address within India where the Registrar's preliminary advice may be sent. |
Who it's for
- a person proposing to apply for the registration of a trade mark in India
- an applicant seeking to verify if a mark is prima facie distinctive before formal filing
How long it runs and how it's signed
Law it's drafted under
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