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 |
| 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 |
| 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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| 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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| 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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| 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 |
| CORRECTION OF REGISTER |
99. | Application under Sec. 57(1) |
100. | Advertisement of certain applications |
| 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 |
| RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING REGISTRATION |
105. | Re-classification in respect of existing registration |
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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 |
| HEARINGS |
111. | Hearings |
| AWARD OF COSTS BY REGISTRAR |
112. | Costs in uncontested cases |
113. | Exception to rule 112 |
114. | Scale of costs |
| REVIEW OF DECISION PY REGISTRAR |
115. | Application for review of Registrar's decision |
| AFFIDAVITS |
116. | Form, etc., of affidavits |
| INSPECTION OF DOCUMENTS BY THE PUBLIC |
117. | Inspection of documents |
118. | Distribution of Copies of Journal and other documents |
| CERTIFICATES |
119. | Certified copies of documents |
120. | Certificate for use in obtaining registration abroad |
| APPEALS TO HIGH COURT |
121. | Time for appeal |
| APPLICATION TO HIGH COURTS |
122. | Application made to the High Court to be served on the Registrar |
| CERTIFICATE OF VALIDITY |
123. | Certificate of validity to be noted |
| 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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| 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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| 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 |
| 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 |