Hashim Wafa (Trainee- Company Secretary) 03 September 2012

Form tm-1 or tm-22 ???

Dear Experts, Please guide me

I would like to register my Trademark in Class 25. 'Clothing, footwear, headgear' and in Class 24. 'Textiles and textile goods, not included in other classes; bed and table covers'.

Which form i should submit ? Form TM-1 or TM-22 ?

[TM-22 states on application to register a textile trade mark (other than a certification trade mark or a collective mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule25(5) & 145 ]

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2 Replies

subramanian (consultant) 23 September 2012

Textile goods are treated in a different footing particularly those sold as piece goods Line headings alone cannot be registered as they are not considered distinctive .Also marks consisting exclusively of letters or numerals or a combination thereof are treated differently. It is better to register a trademark which is a device or a word or a combination thereof as these could be considered distinctive in case of textile goods and you can apply in form1.

T.R.Subramanian

Member, Intellectual property appellate Board (Retd)

Neeraj Jha (Senior Partner) 06 October 2012

Dear Hashim,

Greetings of the day!

Either you can file two T.M-1 both for class 24 & 25 respectively and you will get two application numbers for the same. or you can file single application through T.M -51 , stating both the classes with the appropriate govt. fee of (INR 7,000/- for both the classes).

In case of any further queries please feel free to contact us.

Very Truly Yours,

Neeraj Jha (Advocate)| LL.B (Hons.), LL.M-IPR & IT

Board Line: +91-22-4270 3131 | Fax: +91-22-3916 7237 | E-mail: info@adjlegal.com | URL: www.adjlegal.com