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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

CHAPTER 2 – PROCEDURE FOR REGISTRATION OF TRADEMARKS APPLICATION

CHAPTER 3 – RENEWAL OF REGISTRATION AND RESTORATION

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

CHAPTER 5 – ASSIGNMENT AND TRANSMISSION

CHAPTER 6 – REGISTERED USER

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

CHAPTER 8 – MISCELLANEOUS