Major Components Covered Under TM-M

Major Components Covered Under TM-M. The Ministry of Commerce and Industry issued the Draft of the Trademark (Amendment) Rules, 2015, on November 19, 2015, to revise the Trade Marks Rules, 2002. These revised regulations, officially called the "Trademark Rules, 2017" (referred to as "Amended Rules"), came into effect on March 6, 2017.
The updated rules significantly streamlined the trademark registration process by reducing the number of forms from 74 to just 8, thereby simplifying and expediting trademark administration. Unlike the 2002 rules, which had designated formats for each type of application, the amended rules introduced multi-purpose forms.
Key Aspects of FORM TM-M
This article highlights the major elements included in FORM TM-M, which consolidates 22 different forms into one, making the application process more efficient. It covers various common trademark-related applications such as:
• Amendments or corrections in applications (Previously TM-16)
• Certified copies of documents (Previously TM-46)
• Expedited examination requests (Previously TM-63)
• Divisional applications (Previously TM-53)
• Extension of time requests (Previously TM-56)
• Authorization of agent (Previously TM-48)
Additionally, FORM TM-M also facilitates applications for document inspection and requests for inclusion of a mark in the list of well-known trademarks.
Amendments and Corrections in Trademark Applications
The amended rules allow trademark proprietors to submit FORM TM-M to request corrections or amendments in trademark applications. These changes may include:
• Rectifying errors in the proprietor’s name, address, or description
• Updating the address of business or residence in India
• Cancelling trademark entries from the register
• Removing certain goods, classes, or services from the trademark registration
• Modifying or substituting an address for proprietors or registered users without a place of business in India
If the Registrar deems the amendment justified, they may approve the request at any stage before or after the application's acceptance. (Previously TM-16, 33, 34, 35, 36, 50)
Inclusion in the List of Well-Known Trademarks
Under Rule 124, trademark owners can apply for their mark to be recognized as ‘well-known’ by submitting FORM TM-M and a fee of Rs. 1 lakh. Unlike the 2002 rules, which required opposition, rectification, or infringement proceedings for such recognition, the 2017 rules allow direct application without an external dispute. The public, however, can file objections within 30 days of the application’s publication.
Obtaining Certified Copies
Individuals can apply using FORM TM-M and pay the required fee to obtain certified copies of register entries or documents like opposition notices, affidavits, certification mark regulations, or indexes of registered trademarks. (Previously TM-46)
Extension of Time Requests
Trademark proprietors can request additional time for any required action through FORM TM-M by stating valid reasons. If the Registrar is satisfied, an extension of up to one month may be granted. (Previously TM-56)
Document Inspection
Documents maintained in the Trade Mark Registry, including opposition notices, affidavits, and certification mark regulations, are available for public inspection. Interested individuals can apply via FORM TM-M by paying the prescribed fee.
Divisional Applications
Trademark applicants can request the division of a pending application using FORM TM-M. The Registrar can split it into two or more separate applications upon payment of a divisional fee. (Previously TM-53)
Expedited Examination Requests
Once an application is assigned an official number, applicants may request faster processing through FORM TM-M and pay the applicable fee. Expedited applications are examined within three months. (Previously TM-53)
Reviewing the Registrar’s Decision
Applicants can seek a review of the Registrar’s decision within one month by filing FORM TM-M, accompanied by a statement explaining the grounds for review. (Previously TM-57).
Request for Statement of Grounds of Decision
If an applicant wishes to appeal a decision related to examination, objection to acceptance, hearings, or expedited processing, they must submit FORM TM-M within 30 days of the Registrar’s decision to receive a written statement of grounds. (Previously TM-15)
Preliminary Advice on Trademark Distinctiveness
To determine the distinctiveness of a proposed trademark, applicants can seek advice from the Registrar by filing FORM TM-M and paying the necessary fee. (Previously TM-55)
Duplicate Registration Certificate
A registered proprietor can apply for a duplicate certificate of registration through FORM TM-M, attaching an unmounted representation of the mark as initially submitted. (Previously TM-59)
Advertisement Details of a Trademark
Any individual can request advertisement details of a trademark using FORM TM-M. The request must specify the journal number and date in which the mark was advertised. (Previously TM-58)
Certificate of Validity
Trademark proprietors can request an official note in the register regarding a certificate of validity issued by the Intellectual Property Appellate Board via FORM TM-M. (Previously TM-47)
Authorization of Agent
Trademark proprietors can authorize agents using FORM TM-M. The agent then receives all communications and appears before the Registrar on behalf of the applicant. (Previously TM-48)
Amendment of Regulations for Collective Trademarks and Renewals
For any modifications in the regulations governing collective trademarks, the registered proprietor must submit FORM TM-M. The Registrar's acceptance of such changes is advertised in the journal. (Previously TM-42)
Alteration of Certification Trademark Regulations
The registered proprietor of a certification trademark can apply for changes in deposited regulations via FORM TM-M. The accepted amendments are also published in the journal. (Previously TM-42)
Conclusion
The introduction of FORM TM-M under the Trademark Rules, 2017, has simplified and consolidated multiple trademark-related applications. By merging 22 separate forms into a single application, the amendment has streamlined the process, making trademark registration, modifications, and related procedures more efficient and accessible for businesses and individuals.
FAQ's
Q1. What is FORM TM-M and why was it introduced?
Ans. FORM TM-M is a consolidated form introduced under the Trademark Rules, 2017, replacing 22 different trademark-related forms. It simplifies and streamlines various trademark procedures such as amendments, extensions, certified copy requests, expedited examinations, and agent authorizations.
Q2. What trademark-related modifications can be requested using FORM TM-M?
Ans. Applicants can use FORM TM-M to correct errors in applications, update business details, remove goods or services from a trademark, amend proprietor details, cancel entries, and modify addresses of proprietors or registered users.
Q3. How can a trademark be included in the well-known trademarks list using FORM TM-M?
Ans. Trademark owners can apply for well-known status under Rule 124 by submitting FORM TM-M along with a fee of Rs.1 lakh. If the mark is approved, it will be added to the well-known trademarks list unless objections are raised within 30 days.
Q4. Can FORM TM-M be used for expedited examination of trademark applications?
Ans. Yes, applicants can request expedited examination through FORM TM-M after obtaining an official application number. Upon payment of the prescribed fee, the application is examined within three months.
Q5. How does FORM TM-M facilitate document inspection and obtaining certified copies?
Ans. Individuals can inspect trademark records, including opposition notices and affidavits, by applying via FORM TM-M. It also allows applicants to obtain certified copies of trademark register entries and related legal documents.
Q6. What is the process for filing a divisional application using FORM TM-M?
Ans. Trademark applicants can request the division of a pending application into two or more separate applications using FORM TM-M. This helps in strategic filing and overcoming objections related to specific trademark classes.

The Ministry of Commerce and Industry issued the Draft of the Trademark (Amendment) Rules, 2015, on November 19, 2015, to revise the Trade Marks Rules, 2002. These revised regulations, officially called the "Trademark Rules, 2017" (referred to as "Amended Rules"), came into effect on March 6, 2017.

The updated rules significantly streamlined the trademark registration process by reducing the number of forms from 74 to just 8, thereby simplifying and expediting trademark administration. Unlike the 2002 rules, which had designated formats for each type of application, the amended rules introduced multi-purpose forms.

Key Aspects of FORM TM-M

This article highlights the major elements included in FORM TM-M, which consolidates 22 different forms into one, making the application process more efficient. It covers various common trademark-related applications such as:

• Amendments or corrections in applications (Previously TM-16)

• Certified copies of documents (Previously TM-46)

• Expedited examination requests (Previously TM-63)

• Divisional applications (Previously TM-53)

• Extension of time requests (Previously TM-56)

• Authorization of agent (Previously TM-48)

Additionally, FORM TM-M also facilitates applications for document inspection and requests for inclusion of a mark in the list of well-known trademarks.

Amendments and Corrections in Trademark Applications

The amended rules allow trademark proprietors to submit FORM TM-M to request corrections or amendments in trademark applications. These changes may include:

• Rectifying errors in the proprietor’s name, address, or description

• Updating the address of business or residence in India

• Cancelling trademark entries from the register

• Removing certain goods, classes, or services from the trademark registration

• Modifying or substituting an address for proprietors or registered users without a place of business in India

If the Registrar deems the amendment justified, they may approve the request at any stage before or after the application's acceptance. (Previously TM-16, 33, 34, 35, 36, 50)

Inclusion in the List of Well-Known Trademarks

Under Rule 124, trademark owners can apply for their mark to be recognized as ‘well-known’ by submitting FORM TM-M and a fee of Rs. 1 lakh. Unlike the 2002 rules, which required opposition, rectification, or infringement proceedings for such recognition, the 2017 rules allow direct application without an external dispute. The public, however, can file objections within 30 days of the application’s publication.

Obtaining Certified Copies

Individuals can apply using FORM TM-M and pay the required fee to obtain certified copies of register entries or documents like opposition notices, affidavits, certification mark regulations, or indexes of registered trademarks. (Previously TM-46)

Extension of Time Requests

Trademark proprietors can request additional time for any required action through FORM TM-M by stating valid reasons. If the Registrar is satisfied, an extension of up to one month may be granted. (Previously TM-56)

Document Inspection

Documents maintained in the Trade Mark Registry, including opposition notices, affidavits, and certification mark regulations, are available for public inspection. Interested individuals can apply via FORM TM-M by paying the prescribed fee.

Divisional Applications

Trademark applicants can request the division of a pending application using FORM TM-M. The Registrar can split it into two or more separate applications upon payment of a divisional fee. (Previously TM-53)

Expedited Examination Requests

Once an application is assigned an official number, applicants may request faster processing through FORM TM-M and pay the applicable fee. Expedited applications are examined within three months. (Previously TM-53)

Reviewing the Registrar’s Decision

Applicants can seek a review of the Registrar’s decision within one month by filing FORM TM-M, accompanied by a statement explaining the grounds for review. (Previously TM-57).

Request for Statement of Grounds of Decision

If an applicant wishes to appeal a decision related to examination, objection to acceptance, hearings, or expedited processing, they must submit FORM TM-M within 30 days of the Registrar’s decision to receive a written statement of grounds. (Previously TM-15)

Preliminary Advice on Trademark Distinctiveness

To determine the distinctiveness of a proposed trademark, applicants can seek advice from the Registrar by filing FORM TM-M and paying the necessary fee. (Previously TM-55)

Duplicate Registration Certificate

A registered proprietor can apply for a duplicate certificate of registration through FORM TM-M, attaching an unmounted representation of the mark as initially submitted. (Previously TM-59)

Advertisement Details of a Trademark

Any individual can request advertisement details of a trademark using FORM TM-M. The request must specify the journal number and date in which the mark was advertised. (Previously TM-58)

Certificate of Validity

Trademark proprietors can request an official note in the register regarding a certificate of validity issued by the Intellectual Property Appellate Board via FORM TM-M. (Previously TM-47)

Authorization of Agent

Trademark proprietors can authorize agents using FORM TM-M. The agent then receives all communications and appears before the Registrar on behalf of the applicant. (Previously TM-48)

Amendment of Regulations for Collective Trademarks and Renewals

For any modifications in the regulations governing collective trademarks, the registered proprietor must submit FORM TM-M. The Registrar's acceptance of such changes is advertised in the journal. (Previously TM-42)

Alteration of Certification Trademark Regulations

The registered proprietor of a certification trademark can apply for changes in deposited regulations via FORM TM-M. The accepted amendments are also published in the journal. (Previously TM-42)

Conclusion

The introduction of FORM TM-M under the Trademark Rules, 2017, has simplified and consolidated multiple trademark-related applications. By merging 22 separate forms into a single application, the amendment has streamlined the process, making trademark registration, modifications, and related procedures more efficient and accessible for businesses and individuals.

FAQ's

Q1. What is FORM TM-M and why was it introduced?

Ans. FORM TM-M is a consolidated form introduced under the Trademark Rules, 2017, replacing 22 different trademark-related forms. It simplifies and streamlines various trademark procedures such as amendments, extensions, certified copy requests, expedited examinations, and agent authorizations.

Q2. What trademark-related modifications can be requested using FORM TM-M?

Ans. Applicants can use FORM TM-M to correct errors in applications, update business details, remove goods or services from a trademark, amend proprietor details, cancel entries, and modify addresses of proprietors or registered users.

Q3. How can a trademark be included in the well-known trademarks list using FORM TM-M?

Ans. Trademark owners can apply for well-known status under Rule 124 by submitting FORM TM-M along with a fee of Rs.1 lakh. If the mark is approved, it will be added to the well-known trademarks list unless objections are raised within 30 days.

Q4. Can FORM TM-M be used for expedited examination of trademark applications?

Ans. Yes, applicants can request expedited examination through FORM TM-M after obtaining an official application number. Upon payment of the prescribed fee, the application is examined within three months.

Q5. How does FORM TM-M facilitate document inspection and obtaining certified copies?

Ans. Individuals can inspect trademark records, including opposition notices and affidavits, by applying via FORM TM-M. It also allows applicants to obtain certified copies of trademark register entries and related legal documents.

Q6. What is the process for filing a divisional application using FORM TM-M?

Ans. Trademark applicants can request the division of a pending application into two or more separate applications using FORM TM-M. This helps in strategic filing and overcoming objections related to specific trademark classes.