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The Trade Mark Rules

BananaIP Counsels > The Trade Mark Rules

The Trade Mark Rules

6th March, 2017

G.S.R. 199(E).— Whereas a draft of certain rules, namely, the Trade Marks Rules, 2015 were published as required under sub-section (4) of section 157 of Trade Marks Act, 1999 (47 of 1999), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 879 (E) dated, the 17th November, 2015, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;

And whereas copies of the Gazette were made available to the public on the 17th November, 2015;

And whereas, objections and suggestions have been received from various persons and stakeholders within the specified period in respect of the draft rules contained in the said notification and all the objections and suggestions have been duly consulted by the Central Government Now, therefore, in exercise of the powers conferred by section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules in supersession of the to replace Trade Marks Rules, 2002, except as respect things done or omitted to be done before such supersession, namely:-

CHAPTER 1 – PRELIMINARY

1. Short title and commencement. 

2. Definitions. 

3. Principal place of business in india.— “principal place of business in india” means. 

4. Appropriate office of the trade marks registry.

5. Jurisdiction of appropriate office not altered by change in the principal place of business or address for service.

6. Entry of the appropriate office in the register.

7. Transfer of pending applications and proceedings to appropriate offices of the trade marks registry. 

8. Leaving of documents, etc.

9. Issue of notices etc.

10. Fees.

11. Forms. 

12. Size, etc of documents.

13. Signing of documents. 

14. Service of documents. 

15. Particulars of address etc. Of applicants and other persons.

16. Statement of principal place of business in india in the application.

17. Address for service.

18. Service of documents by the registrar.

19. Agency.

20. Classification of goods and service. 

21. Preliminary advice by registrar as to distinctiveness.

22. Request to registrar for search.

 

CHAPTER 2 – PROCEDURE FOR REGISTRATION OF TRADEMARKS APPLICATION

23. Form and signing of application.

24. Application under convention arrangement. 

25. Statement of user in applications.

26. Representation of trademark.

27. Series trademarks. 

28. Transliteration and translation. 

29. Names and representations of living persons or persons recently dead.

30. Name or description of goods or services on a trademark. 

31. Deficiencies. 

32. Acknowledgement of the application. 

33. Examination, objection to acceptance, hearing.

34. Expedited processing of application

35. Notice of withdrawal of application for registration.

36. Decision of registrar

37. Correction and amendment of application.

38. Withdrawal of acceptance by the registrar.

39. Manner of advertisement.

40. Notification of correction or amendment of application.

41. Request to registrar for particulars of advertisement of a trademark.

42. Notice of opposition.

43. Requirements of notice of opposition.

44. Counterstatement.

45. Evidence in support of opposition.

46. Evidence in support of application.

47. Evidence in reply by opponent.

48. Further evidence.

49.Translation of documents.

50. Hearing and decision.

51. Security for costs.

52. Procedure for giving notice.

53. Entry in the register.

54. Associated trademarks.

55. Death of applicant before registration.

56. Certificate of registration. 

 

CHAPTER 3 – RENEWAL OF REGISTRATION AND RESTORATION

57. Renewal of registration.

58. Notice before removal of trademark from register.

59. Advertisement of removal of trademark from the register.

60. Restoration and renewal of registration.

61. Notice and advertisement of renewal and restoration.

 

CHAPTER 4 – SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADEMARKS THROUGH THE INTERNATIONAL REGISTRATION UNDER MADRID PROTOCOL

62. Definitions.

63. Language.

64. Issue of notices or communications etc. And response thereto.

65. International application in respect of which india is the country of origin.

66. Verification and certification of international application in respect of which india is the country of origin.

67. Handling fee.

68. Manner of keeping the record of international registrations where india has been designated.

69. Examination of application under section 36e.

70. Invalidation of protection.

71. Effect of cancellation of international registration.

72. Collective and certification trademarks.

73. Replacement of national registration.

74. Section (74)

 

CHAPTER 5 – ASSIGNMENT AND TRANSMISSION

75. Application for entry of assignment or transmission.

76. Case accompanying application.

77. Proof of title.

78. Impounding of instruments.

79. Assignments involving transmission of moneys outside india.

80. Application for registrar’s direction as to advertisement of an assignment of a trademark without goodwill of the business.

81. Application for entry of assignment without goodwill.

82. Separate registration.

83. Registrar’s certificate or approval as to certain assignment and transmissions.

84. Entry in register, of particulars of assignment.

85. Registration of assignment to a company under section 46.

 

CHAPTER 6 – REGISTERED USER

86. Application for registration as registered user.

87. Consideration by the registrar.

88. Hearing before refusing an application or to accept it conditionally.

89. Entry in the register.

90. Registration not to imply authorisation to transmit money outside india.

91. Communication of registration as registered user.

92. Registered proprietor’s application to vary entry.

93. Cancellation of registration of registered user.

94. Power of the registrar to call for information with respect to registered user.

95. Procedure on application to vary entry or cancel registration.

96. Registered user’s application.

 

CHAPTER 7 – RECTIFICATION AND CORRECTION OF REGISTER ALTERATION OR RECTIFICATION OF REGISTER

97. Application to rectify or remove a trademark from the register.

98. Further procedure.

99. Intervention by third parties.

100. Rectification of the register by the registrar of his own motion.

101. Alteration of address in register.

102. Alteration of registered trademark.

103. Advertisement before decision and opposition etc.

104. Decision, advertisement, notification.

105. Re-classification in respect of existing registration.

 

CHAPTER 8 – MISCELLANEOUS

106. Refusal or invalidation of registration of a trademark conflicting with a geographical indication.

107. Single application under sub-section (2) of section 18.

108. Divisional application.

109. Extension of time. 

110. Exercise of discretionary power of registrar.

111. Communication of decision.

112. Amendments and correction of irregularity in procedure.

113. Directions not otherwise prescribed.

114. Opinion of the registrar under section 115(4). 

115. Hearings.

116. Costs in uncontested cases.

117. Exception to rule 116.

118. Scale of costs.

119. Application for review of registrar’s decision.

120. Form, etc; of affidavits.

121. Inspection of documents.

122. Certified copies of documents.

123. Power of registrar to notify international non-proprietary names.

124. Determination of well known trademark by registrar.

125. Time for appeal.

126. Service to the registrar.

127. Certificate of validity to be noted. 

128. Return of exhibits.

129. Destruction of records.

130. Rules to apply to collective trademarks.

131. Application for registration and proceedings relating thereto.

132. Case accompanying application.

133. Examination, hearing, opposition, registration, and renewal.

134. Amendment of regulations relating to collective trademarks and renewal.

135. Removal of collective trademark.

136. Rules to apply to certification trademarks.

137. Application for registration and proceedings relating thereto.

138. statement of case accompanying application.

139. Examination, hearing, opposition, registration, and renewal.

140. Cancellation or variation of registration of certification trademark.

141. Alteration of deposited regulations and consent of the registrar for assignment or transmission of certification trademarks.

142. Register of trademarks agents.

143. Registration of existing registered trademarks agents, code of conduct, etc.

144. Qualifications for registration.

145. Persons debarred from registration.

146. Manner of making application.

147. Application for registration as a trademarks agent.

148. Procedure on application and qualifying requirements.

149. Certificate of registration.

150. Continuance of the name in the register of trade marks agents.

151. removal of agent’s name from the register of trade marks agents.

152. Power of registrar to refuse to deal with certain agents.

153. Restoration of removed names.

154. Alteration in the register of trademarks agents.

155. publication of the register of trademarks agents.

156. Appeal.

157. Language of the trade marks registry.

158. Repeal.