Before the Registrar of Trade Marks
[Trade Marks Registry office]
In the matter of Registered Trade Mark No. [number], Class [class]
Mark: [mark]
Registered proprietor: [legal name and address as entered in the register]
Applicant for rectification: [legal name, nature of entity and address]
Statement of case accompanying Form TM-O: application under Section 47 for removal of the registered trade mark for non-use

1. The applicant for rectification is [legal name], a [nature of entity] carrying on the business of [actual business] at [address]. It is represented by [name and capacity].

2. Registered Trade Mark No. [number] for [mark] is registered in Class [class] for [specification as entered in the register]. The application for registration was filed on [date]. According to the register, the mark was actually entered in the register on [date]. The register shows [any recorded assignment, registered user or renewal/no recorded registered user].

3. The applicant is a person aggrieved because [specific facts, for example: its Application No. (number) for (mark) in Class (class) has been objected to on the basis of this registration in the examination report dated (date); or the registered proprietor relied on this registration in a notice dated (date) against the applicant's use of (mark) for (goods/services) since (date)]. The registration therefore affects the applicant's [right to register/trade] in a real and present way.

4. Ground under Section 47(1)(b): Up to [date three months before the date of this application], a continuous period of five years or longer, counted from [date the mark was actually entered in the register], had elapsed during which the mark was registered and there was no bona fide use of it by any proprietor for the time being in relation to [all the registered goods/services/the following goods/services: (list)]. The non-use period relied upon is [start date, not earlier than the date of actual entry] to [end date].

5. [OPTIONAL—omit unless supported:] Ground under Section 47(1)(a): The mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to [goods/services] [by that applicant/where Section 46 applies, by the company concerned or the registered user], and there has been no bona fide use of it for those goods/services by any proprietor for the time being up to [date three months before this application]. The facts showing the absence of such intention are [specific facts].

6. The facts showing non-use are: [searches and enquiries made, with dates, places, marketplaces, websites, trade directories and regulatory or licensing databases checked; investigator's name and report date; results]. [OPTIONAL—omit unless supported:] The applicant wrote to the registered proprietor on [date] asking whether and how the mark is used; [the reply dated (date) stated (facts)/no reply was received].

7. After the enquiries described above, the applicant has found no use of the mark by the registered proprietor, by any permitted user, in export trade, or in a form with additions or alterations that do not substantially affect its identity, and no use for goods or services of the same description as, or associated with, those for which removal is sought. The applicant is not aware of any special circumstance in the trade, including any legal or regulatory restriction on use in India, that explains the non-use. [If any such fact is known, state it accurately.]

8. Other proceedings: [No suit for infringement or other proceeding involving this registration is known to the applicant./Details: (court or Registry, number, parties and status).]

9. The applicant requests that the Registrar (a) remove Registered Trade Mark No. [number] from the register [entirely/in respect of (goods/services)]; (b) award costs of these proceedings; and (c) pass any other order that the Registrar considers appropriate.

Verification: I, [name and capacity], verify that paragraphs [numbers] are true to my own knowledge and that paragraphs [numbers] are based on [identified records/investigation report/information received] and believed to be true. Verified at [place] on [date].
[Signature and address for service]