Last Updated on September 11, 2024 by Elidge Staff

Completing Form No TM 20: Application for Removal of Trade Mark

How To Complete The Application for Removal of Trade Mark

Do you want to submit an application for removal of Trade Mark? Filing a trademark application is a crucial step in protecting your brand in Namibia. However, sometimes trademark owners may not use their trademarks for an extended period. In such cases, third parties can apply for the removal of the trademark from the register due to non-use. In this blog post, we will discuss how to complete Form No. TM 20 (Application for Removal of Trade Mark on Grounds of Non-Use) in Namibia.

What is Form No. TM 20?

Form No. TM 20 is an application for removal of a trademark from the register of trademarks due to non-use. This form is filed under section 176(1) and regulation 120(1) of the Industrial Property Act, 2012. The applicant must provide supporting evidence and an affidavit (if applicable) to prove that the trademark has not been used for an extended period.

How To Request To Enter Disclaimer?

To complete Form No. TM 20, follow the steps below:

Step 1: Fill in the basic information

The applicant must provide basic information about the trademark, such as the registration number and the date of registration. In addition, the applicant must state the goods or services for which the trademark is registered.

Step 2: Grounds for the application

The applicant must specify the grounds for the application, which is non-use of the trademark for an extended period. The Industrial Property Act, 2012 states that a trademark can be removed from the register if it has not been used for a continuous period of five years or longer.

Step 3: Supporting affidavit and evidence

The applicant must provide supporting evidence to prove that the trademark has not been used for the specified period. This evidence can be in the form of sales figures, advertising material, or any other relevant documents. Additionally, an affidavit stating the non-use of the trademark must accompany the application.

Step 4: Power of Attorney

The applicant must provide a Power of Attorney authorizing the agent to file the application on their behalf.

Step 5: Fees

The applicant must pay the required fees when filing the application.

Filing Form No. TM 20 can be a daunting task, especially for those unfamiliar with the process. However, following the steps outlined above can make the process easier. Remember to provide supporting evidence and an affidavit (if applicable) to strengthen your case. With the right information, filing an application for removal of a trademark due to non-use can be a straightforward process.

For more information, please refer to the website of BIPA.

If you have more questions, look through our blog for answers!