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Bare acts > Trade and Merchandise Marks Rules, 1959 > Rule 105
 
  


 

105. RE-CLASSIFICATION IN RESPEC TO EXISTING REGISTRATION.-(1) On the classification set forth in Fourth Schedule being amended, the registered proprietor of a trade mark may apply to the Registrar on Form TM-40 for the conversion of the specification relating to his trade mark, so as to bring that specification into conformity with the amended classification. The application shall include a request for the like conversion of the specification in respect of any registered users under that registration, and the registered proprietor shall serve a copy of the application on the registered user or users of the trade mark, if any.

(2) The Registrar shall, thereupon notify in writing to the registered proprietor and to the registered user or users, if any, a proposal showing the form which, in Registrar’s view, the amendment of the register should take in consequence of the proposed conversion. Two or more registrations of a trade mark having the same date and in respect of goods which fall within the same class under the amended or substituted classification, may be amalgamated upon conversion in accordance with this rule.

(3) The proposal referred to in sub-rule (2) shall be advertised in the Journal.

(4) Notice of opposition to such proposal shall be given on Form TM-41 in triplicate within one month from the date of the advertisement and shall be accompanied by a statement in triplicate showing how the proposed amendment would contravene the provisions of sub-section (1) of Sec. 59. Where there are any registered users under the registration of the trade mark in question, such notice and statement shall also be accompanied by as many copies thereof as there are registered users. The Registrar shall forth-with send a copy each of the notice and the statement to the registered proprietor and to each registered users, if any, and within two months from the receipt by him of such copies the registered proprietor may send to the Registrar on Form TM-6 a counter-statement in triplicate setting out fully the grounds on which the opposition is contested. If the registered proprietor sends such counter-statement the Registrar shall serve a copy thereof on the person giving notice of opposition and the further procedure for the disposal of the opposition shall be regulated by the provisions of rules 53 to 60 mutatis mutandis. In any case of doubt, any party may apply to the Registrar for directions.

(5) If there is no opposition with in the time specified in sub-rule (4) or in case of opposition if the conversion of the specification is allowed, the proposal as allowed shall be advertised in the Journal, and all necessary entries shall be made in the register. The date when such entries are made in the register shall be recorded therein. Any entry made in the register in pursuance of this sub-rule shall not affect the date of the renewal of registration under See. 25 which shall be determined in the same manner as before the allowance of the conversion.

 

 

 

 

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