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  • Petitions & Pleadings / OPPOSITIONAPPLICATION-FOR-RECTIFICATION-OF-THE-REGISTERCOUNTER-STATEMENTREFUSAL-OR-INVALIDATION-OF-A-TRADEMARK-UNDER-GEOGRAPHICAL-INDICATION-OF-GOODS-REGULATION-AND-PROTECTION-ACT-1999

Petitions & Pleadings

Form TM-O

OPPOSITION/APPLICATION FOR RECTIFICATION OF THE REGISTER/COUNTER STATEMENT/REFUSAL OR INVALIDATION OF A TRADEMARK UNDER GEOGRAPHICAL INDICATION OF GOODS (REGULATION AND PROTECTION) ACT, 1999

[The relevant information must be filled up in shaded box against the respective head]

[In case of offline filing, the form should be filed in duplicate]

                                              

1.

The applicant or Registered Proprietor/ Opponent/Third Party Making The Application/ Request

 

[(a) Anyone from the above, must be chosen on whose behalf the Notice/Application/Request is being submitted.

(b) 'Applicant' or 'Registered Proprietor' here means the person who is recorded as such in TMR records in respect of the referred application or registered trademark. The 'Opponent' here means the Opponent in the referred opposition proceeding or an Applicant for Rectification desiring to cancel or vary the registration of the trademark of someone else. 'Third Party' means the person who is not a party to the application/opposition/Rectification referred to.]

FEE

(See First Schedule for Appropriate Fee)

Name*

 

trading as:

 

Address:*

 

Address for service:

 

Mobile No:

 

E-mail address:*

 

[(a) Unless otherwise specifically stated, the applicant's/opponent's/third party’s address shall be the address for service of the applicant who has a principal place of business in India.

(b) The address for service in India must be provided, in case the applicant/opponent/third party as the case may be, does not carry on business in India]                   

Mobile No:

 

E-mail address:*

 

2.

AGENT OF THE APPLICANT OR REGISTERED PROPRIETOR/ OPPONENT/ THIRD PARTY, AS THE CASE, MAYBE, (if any)

 

Name:*

 

Address:*

 

Mobile No:

 

E-mail address:*

 

Nature of the Agent:

 

[The applicant must choose either of the following categories-

1.      Registered Trade Marks Agent, 2. Advocate 3. Constituted Attorney]

Registration No.

 

[In case of authorization of agent, the address of the agent may be mentioned as the address for service of the applicant/opponent/third party as the case may be]

3.

PURPOSE

This column is divided into three subcategories and the same is required to be chosen by the applicant as per requirement and be filled accordingly.

a.

In the matter of filing opposition/rectification

Application/Registered Trade  Mark No.

 

Class(es)

Trade Mark

 

 

Application published in Journal No.

 

[The copy of the journal publication needs to be attached]

GROUNDS OF OPPOSITION/RECTIFICATION

[Grounds of Opposition/Application for Rectification needs to be drafted in detail and verified by the Opponent/Applicant for Rectification and the same should be attached]

b.

IN THE MATTER OF (for filling Counter-Statement)

Opposition/Rectification No.

Application/Registered Trade  Mark No.

 

Class(es)

 

 

Details of Counter-Statement

[Counter Statement needs to be drafted in detail and verified by the Applicant/Registered Proprietor for Rectification and the same needs to be attached]

c.

Request to refuse or invalidate a trademark u/s 25(a) (b) of GI Act, 1999

Application/Registered Trade Mark No

 

Class(es)

STATEMENT OF CASE

[Statement of Case needs to be drafted in detail and verified by the Applicant; and an affidavit of the applicant in support, needs to be attached.]

4.

DETAIL OF THE PERSON SUBMITTING THE APPLICATION

Signature

 

Name

 

Authority

 

5.

LIST OF DOCUMENTS ATTACHED, IF ANY

 

 

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