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Bare acts > Trade and Merchandise Marks Rules, 1959 > Rule 4
 
  


 

4. APPROPRIATE OFFICE OF THE TRADE MARK REGISTRY. -The “appropriate office of the Trade Marks Registry” for the purpose of making an application for registration of a trade mark under Sec. 18 or for giving notice of opposition under See. 21 or for filing an application for rectification under Secs.46, 47 (4) or 56 or for any other proceedings under the act and the rules shall be-

(a) In relation to a trade mark on the register of trade marks at the notified date, the office of the Trade Marks Registry within whose territorial limits-

(i) The principal place of business in India of the registered proprietor of the trade mark as entered in the register at such date is situate;

(ii) Where there is no entry in the register as to the principal place of business in India of the registered proprietor, the place mentioned in the address for service in India as entered in the register at such date is situate;

(iii) In the case of jointly registered proprietors, the principal place of business in India of the proprietor whose name is entered first in the register as having such place of business in India at such date is situate;

(iv) Where none of the jointly registered proprietors is shown in the register as having a principal place of business in India, the place mentioned in the address for service in India of the joint proprietors as entered in the register at such date is situate;

(v) If no principal place of business in India of the registered proprietor of the mark or in the case of joint registration, of any of the joint proprietors of the mark, is entered in the register, and the register does not contain any address for service in India, the place of the office of the Trade Marks Registry where the application for registration of the trade marks was made, is situate; and

(b) In relation to a trade mark for which an application for registration is pending at the notified date or is made on or after the notified date, the office of the Trade Marks Registry within whose territorial limits-

(i) The principal place of business in India of the applicant as disclosed in his application or, in the case of joint applicants, the principal place of business in India of the applicant whose name is first mentioned in the application, as having such place of business is situate;

(ii) Where neither the applicant nor any of the joint applicants, as the case may be, has a principal place of business in India, the place mentioned in the address for service in India as specified in the application is situate.

 

 

 

 

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