| RULE |
Trade
and Merchandise Marks Rules, 1959 |
| |
|
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PART I
CHAPTER 1: PRELIMINARY |
| 1. |
Short
title and Commencement |
| 2. |
Definitions |
| 3. |
Principal
place of business in India |
| 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
office of the Trade Marks Registry |
| 8. |
Leaving
of documents, etc |
| 9. |
Documents,
etc. filed or left not at the appropriate office |
| 10. |
Issue
of notices, etc |
| 11. |
Fees |
| 12. |
Forms |
| 13. |
Size
etc., of documents |
| 14. |
Signing
of documents |
| 15. |
Service
of documents |
| 16. |
Particulars
of address, etc., of applicants and other persons |
| 17. |
Statement
of principal place of business in India in an application |
| 18. |
Address
for service |
| 19. |
Address
for service in application and opposition proceedings |
| 20. |
Non-availability
of an address for service |
| 21. |
Agency |
| 22. |
Classification
of goods |
| 23. |
Preliminary
advice by Registrar as to distinctiveness |
| 24. |
Request
to Registrar for search |
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CHAPTER II: PROCEDURE FOR REGISTRATION OF TRADE
MARKS APPLICATION FOR REGISTRATION OF TRADE MARKS |
| 25. |
Form
and signing of application |
| 26. |
Application
to be confined to one class, etc |
| 27. |
Statement
of user in applications |
| 28. |
Representation
of Mark |
| 29. |
Additional
Representations |
| 30. |
Representations
to be durable and satisfactory |
| 31. |
Specimens
of the Mark in exceptional cases |
| 32. |
Series
of Trade Marks |
| 33. |
Transliteration
and translation |
| 34. |
Names
and representations of living persons or persons recently
dead |
| 35. |
Name
or description of goods on a Mark |
| 36. |
Applications
under Reciprocal arrangements |
| |
PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION
OF A TRADE MARK |
| 37. |
Acknowledgement
or receipt of applications |
| 38. |
Search |
| 39. |
Objection
to acceptance, hearing |
| 40. |
Notice
of withdrawal of application for Registration |
| 41. |
Decision
of Registrar |
| 42. |
Disclaimer |
| 43. |
Correction
and amendment of application |
| 44. |
Withdrawal
of acceptance by the Registrar |
| 45. |
Application
for Registration of a defensive trademark |
| |
ADVERTISEMENT OF APPLICATION |
| 46. |
Manner
of Advertisement |
| 47. |
Fee
and printing block |
| 48. |
Advertisement
of Series |
| 49. |
Notification
of Correction or amendment of application |
| 50. |
Request
to Registrar for particulars of Advertisement o a mark |
| |
OPPOSITION TO REGISTRATION |
| 51. |
Notice
of opposition |
| 52. |
Counter-Statement |
| 53. |
Evidence
in support of opposition |
| 54. |
Evidence
in support of application |
| 55. |
Evidence
in reply by opponent |
| 56. |
Further
evidence |
| 57. |
Exhibits |
| 58. |
Translation
of documents |
| 59. |
Hearing
and decision |
| 60. |
Security
for costs |
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NOTICE OF NON~COMPLETION OF REGISTRATION |
| 61. |
Procedure
for giving notice |
| 62. |
Entry
in the Register |
| 63. |
Associated
marks |
| 64. |
Death
of applicant before Registration |
| 65. |
Certificate
of Registration |
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CHAPTER III: RENEWAL OF REGISTRATION AND RESTORATION |
| 66. |
Renewal
of registration |
| 67. |
Notice
before removal of trademark from Registrar |
| 68. |
Advertisement
of removal of trademark from the Registrar |
| 69. |
Restoration
and renewal of registration |
| 70. |
Notice
and advertisement of renewal and Restoration |
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|
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CHAPTER IV: ASSIGNMENT AND TRANSMISSION |
| 71. |
Application
for entry of assignment or transmission |
| 72. |
Particulars
to be stated in application |
| 73. |
Case
accompanying application |
| 74. |
Proof
of title |
| 75. |
Impounding
of Instruments |
| 76. |
Assignments
involving transmission of money outside India |
| 77. |
Application
for Registrar's direction as to advertisement of an assignment
of a trademark without goodwill of the business |
| 78. |
Application
for entry of assignment without goodwill |
| 79. |
Separate
Registrations |
| 80. |
Registrar's
certificate or approval as to certain assignments and
transmissions |
| 81. |
Registration
of assignment to company under See. 45 |
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|
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CHAPTER V: REGISTERED USERS |
| 82. |
Application
for registration as registered user |
| 83. |
Particulars
to be stated in the agreement |
| 84. |
Refusal
to forward by Registrar an application for non-compliance
with the Rules |
| 85. |
Consideration
by the Central Government |
| 86. |
Hearing
before issuing direction to refuse an application or to
accept it conditionally |
| 87. |
Entry
in the Registrar |
| 87-A. |
Registration
not to imply authorisation to transmit money outside India |
| 88. |
Notification
of Registration as Registered user |
| 89. |
Registered
Proprietor's application to vary entry |
| 90. |
Cancellation
of the Registration of registered user |
| 91. |
Power
of the Registrar to require information for enforcing
quality control |
| 92. |
Procedure
on application to vary entry or cancel registration |
| 93. |
Registered
user's application under See. 57 (2) |
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|
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CHAPTER VI: RECTIFICATION AND CORRECTION OF
REGISTER ALTERATION OF RECTIFICATION OF REGISTER |
| 94. |
Application
to rectify or remove a trade mark from the Register |
| 95. |
Further
procedure |
| 96. |
Intervention
by third parties |
| 97. |
Rectification
of the Register by the Registrar of his own motion |
| |
ALTERATION OF ADDRESS |
| 98. |
Alteration
of address in Register |
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CORRECTION OF REGISTER |
| 99. |
Application
under Sec. 57(1) |
| 100. |
Advertisement
of certain applications |
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ALTERATION OF REGISTERED TRADE MARK |
| 101. |
Alteration
of registered trademark |
| 102. |
Advertisement
before decision and opposition, etc |
| 103. |
Decision-Advertisement-Notification |
| 104. |
Printing
block and fee for advertisement |
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RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING
REGISTRATION |
| 105. |
Re-classification
in respect of existing registration |
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|
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CHAPTER VII: MISCELLANEOUS |
| 106. |
Extension
of time |
| 107. |
Exercise
of discretionary power of Registrar |
| 108. |
Notification
of decision |
| 109. |
Amendments
and correction of irregularity in procedure |
| 110. |
Directions
not otherwise prescribed |
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HEARINGS |
| 111. |
Hearings |
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AWARD OF COSTS BY REGISTRAR |
| 112. |
Costs
in uncontested cases |
| 113. |
Exception
to rule 112 |
| 114. |
Scale
of costs |
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REVIEW OF DECISION PY REGISTRAR |
| 115. |
Application
for review of Registrar's decision |
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AFFIDAVITS |
| 116. |
Form,
etc., of affidavits |
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INSPECTION OF DOCUMENTS BY THE PUBLIC |
| 117. |
Inspection
of documents |
| 118. |
Distribution
of Copies of Journal and other documents |
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CERTIFICATES |
| 119. |
Certified
copies of documents |
| 120. |
Certificate
for use in obtaining registration abroad |
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APPEALS TO HIGH COURT |
| 121. |
Time
for appeal |
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APPLICATION TO HIGH COURTS |
| 122. |
Application
made to the High Court to be served on the Registrar |
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CERTIFICATE OF VALIDITY |
| 123. |
Certificate
of validity to be noted |
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RETURN OF EXHIBITS AND PRINTING BLOCKS AND DESTRUCTION
OF RECORDS |
| 124. |
Return
of exhibits and printing blocks |
| 125. |
Destruction
of records |
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|
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PART II: SPECIAL PROVISIONS FOR CERTIFICATION
TRADE MARK |
| 126. |
Rules
to apply to certification trade mark |
| 127. |
Application
for registration and proceedings relating thereto |
| 128. |
Case
accompanying application |
| 129. |
Hearing
by, the Central Government before issuing directions to
the Registrar to accept an application or to accept it
conditionally |
| 130. |
Opposition
to registration of certification trade mark |
| 131. |
Rectification
of certification trade mark entries |
| 132. |
Alteration
of Regulations relating to certification trade marks |
| 133. |
Consent
of Central Government to assignment or transmission of
Certification trade marks |
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PART III: SPECIAL PROVISIONS FOR TEXTILE GOODS |
| 134. |
Definitions |
| 135. |
Rules
to apply to textile marks |
| 136. |
Textile
marks |
| 137. |
Textile
goods |
| 138. |
[Omitted] |
| 139. |
[Omitted] |
| 140. |
Application
to register letters or numerals or any combination thereof
in respect of items of textile goods |
| 141. |
[Omitted] |
| 142. |
[Omitted] |
| 143. |
[Omitted] |
| 144. |
Non-registrability
of certain marks |
| 145. |
Marks
likely to deceive or to cause confusion |
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|
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PART IV: REGISTRATION OF TRADE MARKS AGENTS |
| 146. |
Registrar
of trade marks agents |
| 147. |
Registration
of existing registered trade marks agents |
| 148. |
Qualifications
for registrations |
| 149. |
Persons
debarred from registration |
| 150. |
Manner
of making application |
| 151. |
Application
for registration as a trade mark agent |
| 152. |
Procedure
on application and qualifying requirements |
| 153. |
Certificate
of Registration |
| 154. |
Continuance
of a name in the Register of trade marks agents |
| 155. |
Removal
of agents name from the Register of trade marks agents |
| 155-A. |
Power
of Registrar to refuse to deal with certain agents |
| 156. |
Restoration
of removed names |
| 157. |
Alteration
in the Register of trade marks agent |
| 158. |
Publication
of the Register of trade marks agents |
| 158-A. |
Appeal |
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PART V: PROVISIONS RELATING TO TESTING AND MARKING
OF PIECE-GOODS AND YARN |
| 159. |
Definitions |
| 160. |
Testing
for length and width of piece-goods |
| 161. |
Allowances
for peculiarities of cloth and for stretching |
| 162. |
Testing
of yarns |
| 163. |
Number
of samples to be selected |
| 164. |
Further
examination |
| 165. |
Manner
of selection and testing of samples |
| 166. |
Stove
test |
| 167. |
Place
of testing |
| 168. |
Security |
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STAMPING OF PIECE-GOODS, COTTON YARN AND THREAD
UNDER SEC. 74 |
| 169. |
Piece-goods |
| 170. |
Stamping
of piece-goods |
| 171. |
Cases
where requirement as to stamping may be waived |
| 172. |
Nature
of Stamping required |
| 173. |
Language
and numerals to be used for marking |
| 174. |
Indications
of weight, Length, name of manufacturers, etc |
| 175. |
Manner
of marking cotton yarn and cotton thread |
| 176. |
Marking
of Cover |
| 177. |
Markings
to be clear and distinct |
| 178. |
Manners
of expressing Court of cotton yarn |
| 179. |
Indication
of other particulars |
| 180. |
Exemptions |
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PART VI: REPEAL |
| 181. |
Repeal |
