Renewal Of Registration Of Trade Mark Section 25, Rules 66 And 67 Patents Copyrights & Trade Mark 1266 - Legal Draft

TRADE AND MERCHANDISE MARKS ACT, 1958
(Renewal of registration of trade mark Section 25, Rules 66 and 67)

We, ............................................... hereby leave the prescribed fee of Rs. .................... for renewal of Registration of the Trade Mark No. 265455 (TENOPHOS) in Class ......... on and from ...........20...........

The notice of renewal of the registration may be sent to the following address in India :

Address ........................
.................................
...............................

AFFIDAVIT

        
I, M/s....................., Asst. Company Secretary of M/s......................., having its office at ......................................... do solemnly affirm and state as follows :

1. I am the Asst. Company Secretary of M/s......................, I say that the Company is the proprietor of registered Trade Mark No. 400931B (NITROBALM) in class 5,

2. I say that while going through the records of the Company it was found that the Trade Mark had expired on ..........., 20..... and the same appears to have not been renewed. I, state and submit that the Company appears to have not received the notice of renewal in Form 0 - 3 of the subject mark as no notice is available on the records of the Company.

3. say the Company is using the Trade Mark in India continuously and there is no litigation pending in the court regarding the use of the Trade Mark.

4. I say that in the above circumstances, the Company be allowed to file TM - 12 for renewal of the aforesaid mark and pray that the delay in filing TM - 12 be condoned and Trade Mark may further be renewed. I say that the Company is filing TM - 12 along with this Affidavit and also making payment of late fees.

5. I further say that the above mark has not been removed from the Register for want of renewal fees.

6. In the circumstances aforesaid, it is submitted that the above mark be renewed with retrospective effect from ............. 20......

Solemnly affirmed at ................
aforesaid this ................... day of ............ 20......

Address .....................
..............................
..............................

Dear Sir,

Enclosed please find 1 application in TM -12 duly filled in for renewal of the above mentioned Trade Mark with retrospective effect from ..........20........

We wish to inform you that the said Trade Mark was inadvertently not renewed from ..........20........... Enclosed please find the following documents in respect of the renewal of the said Trade Mark, retrospectively from .......20..........

1. A duly notarised Affidavit in support of the claim.

2. Form TM - 12 for renewal of the said Trade Mark.

3. Rs. ......./- is being paid in cash towards renewal fees including penalty.

We would, therefore, request you to renew the above Trade Marks and issue us the Renewal Certificate at the earliest at the following address :

                                                               Yours faithfully,