Form TM-O: forms

For rectification of the register/ counter statement/ refusal or invalidation of a trademark under Geographical Indication of goods Act, 1999 Form TM-O has to be filed.

 

What is Form TM-O?

Form TM-O includes an application under section 71(1) which is to register a certification Trademark for a specification of goods or services included in a class. TM-O can be filed online which makes the process of registration much easier and faster. This form can be filed by the Proprietor itself, but in the case of critical, cases it is recommended to hire an Attorney who files it on behalf of the proprietor. Any agent also can file a TM-O form on behalf of the owner of the trademark. TM-O is not required to be notarized by any proprietor or owner who is of Indian National. However, any NRI or Foreigner who applies for Trademark registration needs to get the form notarized by designated officials.

Contents of Form TM-O

  1. Name and details of the Applicant/ Registered Proprietor/ Opponent/ Third Party
  2. Details of the agent of the Applicant/ Registered Proprietor/ Opponent/ Third Party
  3. Purpose
  • In the matter of filing opposition/rectification (With ground of opposition/ rectification)
  • In the matter of for filing Counter Statement
  • Request to refuse or invalidate a trade mark u/s 25(a) (b) of GI Act, 1999
  1. Details of the person submitting the application
  2. List of the documents attached (if any)
  • Counter Statement
  • Power of Attorney

Due date for filing form TM-O

There are as such no deadlines for TM-O while registering the trademark, however after 10years of use the trademark needs to be renewed, then there is a requirement for filing the form before 6months of its completion of 10years. if this deadline is missed then the trademark becomes abandoned.

Fees for the Form TM-O

Form

Fee for physical filing

Fee for e-filing

TM-O

Rs.3000

Rs.2700

 


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