Trademark Application Forms

Trademark registration application must be made on the proper trademark application form to avoid objection by an Examiner. Based on the nature of trademark filing, the type of trademark application form differs. In this article, we look at the different types of Trademark Application Forms and its use cases.

Trademark Form TM-1

Application for registration of trademark for goods or services included in any one class.

Trademark Form TM-2

Application for registration of trademark for goods or services included in any one class and with priority claim under Section 154.

Trademark Form TM-3

Application for registration of Collective mark for goods or services included in any one class.

Trademark Form TM-4

Application for registration of Certification mark for goods or services included in any one class.

Trademark Form TM-8

An application to register a series trademarks under for a specification of goods or services included in a class or classes.

Trademark Form TM-37

An application to register a series trademarks for a specification of goods or services included in a class or classes, with priority claim under Section 154.

Trademark Form TM-51

A single application for registration of trademark for different classes of goods or services.

Trademark Form TM-52

A single application for registration of trademark for different classes of goods or services and with priority claim under Section 154.

Trademark Form TM-64

Application for registration of collective mark for goods or services included in any one class with priority claim under Section 154.

Trademark Form TM-65

Application for registration of Certification mark for goods or services included in any one class with priority claim under Section 154.

Trademark Form TM-66

A single application for registration of Collective mark for different classes of goods or services.

Trademark Form TM-67

A single application for registration of Collective mark for different classes of goods or services with priority claim under Section 154.

Trademark Form TM-68

A single application for registration of Certification mark for different classes of goods or services.

Trademark Form TM-69

A single application for registration of Certification mark for different classes of goods or services with priority claim under Section 154.

Improper Filing of Trademark Application

In case a trademark application is made in an improper form, then an objection as following could be raised by the trademark Examiner:

"The application is made on form TM-1, for certification mark in respect of goods or services falling in a class, the form of the application should be corrected as TM-4 by filing a request on form TM-16."

Any such objection can be responded by filing trademark Form-16, requesting a correction. However, such process does take time and effort leading to longer trademark registration processing time. Hence, it is best to take help from a Trademark Attorney through IndiaFilings, prior to filing any trademark registration application forms.

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Frequently Asked Questions

Common questions about Trademark Application Forms in India.

The different trademark application forms cater to various types of trademarks and scenarios, ensuring that the application is filed correctly and avoiding objections from the Examiner. The appropriate form needs to be used based on factors like whether it's for goods or services, a single class or multiple classes, a regular trademark or a collective/certification mark, and whether priority is being claimed under Section 154.

Form TM-1 is used for applying for the registration of a trademark for goods or services included in a single class, whereas Form TM-2 is used for the same purpose but with the added feature of claiming priority under Section 154, which is applicable in cases where the applicant has already filed an application in another country.

The TM-51 and TM-52 forms are used when the applicant wishes to file a single application for registering a trademark across multiple classes of goods or services. The TM-52 form is specifically used when the applicant also wants to claim priority under Section 154 for the application.

To file an application for a collective mark across multiple classes of goods or services, the TM-66 form should be used. If priority is also being claimed under Section 154, then the TM-67 form should be used instead.

The TM-8 and TM-37 forms are used for filing an application to register a series of trademarks under a single specification of goods or services included in one or more classes. The TM-37 form is specifically used when the applicant also wants to claim priority under Section 154.

If the wrong form is used for filing a trademark application, the Examiner may raise an objection, and the applicant will have to file a request on Form TM-16 to correct the form. This can lead to delays in the trademark registration process, making it advisable to consult a Trademark Attorney before filing to ensure the correct form is used.

Yes, a single application can be filed for registering a certification mark across multiple classes of goods or services using the TM-68 form. If priority is also being claimed under Section 154, then the TM-69 form should be used.

To claim priority under Section 154 when filing a trademark application, the applicant needs to use the appropriate form that includes the option for claiming priority, such as TM-2, TM-52, TM-37, TM-64, TM-67, or TM-69, depending on the type of trademark and whether it's for a single class or multiple classes.

Using the correct trademark application form is crucial because it ensures that the application is filed properly and avoids objections from the Examiner. Objections due to using the wrong form can lead to delays in the registration process, as the applicant will have to file a request for correction on Form TM-16, which takes additional time and effort.

While it is possible to file trademark applications without the help of a professional, it is generally advisable to seek the assistance of a Trademark Attorney, especially for complex cases or when filing across multiple classes. A Trademark Attorney can ensure that the correct application form is used and guide the applicant through the entire registration process, minimizing the risk of objections and delays.