Request to Convert a Trade Mark Specification (Form TM-40) (India) by Trade Marks Registry
This form is used by a trade mark owner to request the conversion of an existing trade mark's specification to align with the current classification schedule. It ensures that the registered goods or services are correctly categorized under the most recent legislative amendments.
FORM TM-40
THE TRADE MARKS ACT, 1999
Agent's Code No:
Proprietor's Code No:
Fee: Rs.1000
Application by the proprietor of a registered trade mark for the conversion of the specification.
rule 101(1)
In the matter of Trade Mark No...registered in the name of ...in class...of the Fourth Schedule.
Application is hereby made by' ...the registered proprietor of the above numbered trade mark of the conversion of the specification of the above mentioned registration and the specification(s) of the Registered User(s) thereunder in consequence of the amendment of the Fourth Schedule to the Trade Marks Rules, 2001.
The specification(s) entered in the register in accordance with the said schedule prior to amendment is (are):-
...
It is requested that the Registrar should propose the following specification in accordance with the amended schedule:-
Class ...
Class ...
3 A copy of this application has 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 the name and address of the registered proprietor
Cancel the words in italics, if there are no registered users
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).
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About this template
What is this template?
This is a statutory filing form issued by the Indian Trade Marks Registry, not a private contract. It contains specific fields for Proprietor Code, Agent Code, and the transition from old classification to new amended classes.
When should you use it?
Use this form when the Registrar of Trade Marks amends the classification of goods and services and your registration needs to be updated. Use a Form TM-M instead for general amendments to a trademark application.
What's inside
| Clause | Name | What it does |
|---|---|---|
| In the matter of | Registration Details | Identifies the specific Trade Mark Number and the name of the proprietor registered in a specific class of the Fourth Schedule. |
| Application is hereby made | Conversion Request | Formalises the request to convert the specification of the registration and any Registered User specifications due to amended rules. |
| It is requested | Amended Specification | Requires the applicant to list the proposed new specification and corresponding Class numbers according to the amended schedule. |
| 3 | Service on Registered Users | Confirms that a copy of the application has been served on any existing registered users of the mark. |
Who it's for
- a registered trademark proprietor in India updating records after classification changes
- trademark agents filing conversion applications on behalf of registered owners
- businesses needing to align existing trademark specifications with the amended Fourth Schedule
How long it runs and how it's signed
Law it's drafted under
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