Request for the Registrar's Directions on Advertising an Assignment (Form TM-20) (India) by Trade Marks Registry
This document is a formal application used to request directions from the Registrar of Trade Marks regarding the advertisement of a trademark assignment. It specifically applies to situations where the trademark is being transferred without the associated business goodwill, as required by the Indian Trade Marks Act.
FORM TM-20
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.2500 for the first mark and Rs.500 for every additional mark
Application for directions for the advertisement of an assignment of trade marks otherwise that in connection with the goodwill of the business. Section 42. rule 74(1)
(To be filed in duplicate)
Application is hereby made by ' ...for the Registrar's direction with respect to the advertisement of an assignment of the following trade marks otherwise than in connection with the goodwill of the business in which they 2 (had been)(were) used namely:-
*(I)Registered Trade Marks:
Registration number Class Goods or services in respect of which the mark has been or is used and is assigned
...
...
all of which are or were registered in the name of 3...who is the assignor.
*(II) Unregistered Trade Marks 4 all being marks which 2 (had been) (were) used in his business in respect of the goods or services stated below, by 3...of ...who is the assignor:
*Representation of mark ...
Goods or services in respect of which the mark has been or is used and is assigned
...
The date of assignment was the ...day of...20...
The instrument effecting the assignment is sent herewith, together with a copy thereof.
It is suggested that advertisement shall be directed as follows, namely, in ...
All communications relating to this application may be sent to the following address in India:-
...
Dated this ...day of ...20...
5... SIGNATURE
NAME OF SIGNATORY IN LETTER
To
The Registrar of Trade Marks,
The Office of the Trade Marks Registry at 6 ...
Additional marks and registration numbers which cannot be accommodated may be give in a signed schedule on the back of the Form
Insert the name, nationality and address of the assignee(applicant).
Strike out words not applicable.
Insert the name, nationality and address of the proprietor(assignor).
Only those unregistered trade marks passing by the one assignment and used in the same business and for the same goods or services as those for which one or more of the registered marks are registered may be stated here.
Signature of applicant 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 prescribed under the Indian Trade Marks Act 1999 for notifying the Registrar of an assignment. It is not an assignment agreement itself, but rather the administrative request to advertise such a transfer. It specifically captures the names and nationalities of both the assignor and assignee alongside the date of the assignment instrument.
When should you use it?
Use this form when you have already executed a trade mark assignment in India that does not include the goodwill of the business and you must comply with the statutory advertising requirement. Use a 'Trade Mark Assignment Agreement' instead if you are drafting the actual transfer of ownership rather than notifying the Registrar.
What's inside
| Clause | Name | What it does |
|---|---|---|
| Fee | Fee Details | Specifies a fee of Rs.2500 for the first mark and Rs.500 for every additional mark listed in the application. |
| *(I)Registered Trade Marks | Trade Mark Details | Requires the registration number, class, and description of goods or services for every registered mark assigned by the assignor. |
| *(II) Unregistered Trade Marks | Unregistered Trade Marks | Limits included marks to those passing by one assignment used in the same business and for the same goods as the registered marks. |
| Proposed Advertisement | Advertisement Directions | Requests the applicant to suggest the specific medium or publication where the advertisement of assignment shall be directed. |
Who it's for
- an assignee of an Indian trade mark seeking to advertise an assignment that excludes business goodwill
- a trade mark attorney filing Form TM-20 with the Indian Trade Marks Registry
- a proprietor transferring registered marks under Section 42 of the Trade Marks Act 1999
How long it runs and how it's signed
Law it's drafted under
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