Request to Add to or Alter a Registered Trade Mark (Form TM-38) (India) by Trade Marks Registry
This form is used by the registered owner of a trade mark to request an addition or alteration to the mark as it appears on the official registry. It facilitates changes to specific particulars of a trade mark while ensuring compliance with the Trade Marks Act, 1999.
FORM TM-38
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: See entry No.43 of the First Schedule and Footnote below.
Application by registered proprietor under section 59(1) for an addition to or alteration of a registered trade mark. rule 98.
In the matter of Trade Mark No...registered in class ...
Application is hereby made by'... being the registered proprietor(s) of the registered trade mark numbered as above for leave to add to or alter the said trade mark in the following particulars, that is to say2...
Five copies of the mark as it will appear when so altered are filed herewith.
3A copy of this application and a copy of the mark as it will appear when so altered have been served on the registered user (s).
All communications relating to this application 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...
Insert name and address of the registered proprietor
Fill in full particulars
Strike out if not applicable
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).
Footnote: Fee Rs.2500. In the case of associated trade marks fee for the first registration Rs.2500; for each additional registration Rs.1000. No fee is however, payable in case the addition to or alteration of the mark is made as a result of an order of a public authority or in consequence of a statutory requirement.
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About this template
What is this template?
Form TM-38 is a formal application used to request leave to add to or alter a registered trade mark under the Trade Marks Act, 1999. It is not for new registrations, but for modifying existing ones, and requires the attachment of five copies of the mark as it will appear when altered.
When should you use it?
Use this form when you need to update the particulars of a registered mark without changing its identity, such as minor graphical tweaks or additions. Use Form TM-A instead if you are filing a fresh application for a completely new trade mark.
Who it's for
- a registered proprietor in India seeking to modify an existing trade mark registration
- an authorised agent filing an alteration request under Section 59(1)
How long it runs and how it's signed
Law it's drafted under
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