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Bare acts > Trade Marks Rules, 2001 > Rule 9
 
  


 

9. Documents etc. filed or left not at the appropriate office.- Subject to the provisions of rule 8, where an application, notice, statement or other document or any fee authorised or required by the Act or the rules is made, served, left or sent or paid, at or to an office inadvertently which is not the appropriate office of the Trade Marks Registry, the Registrar may on his own or on a request in writing, return such application, notice, statement or document to the appropriate office if he is satisfied that it was a bonafide error on the part of the applicant.

Provided that the period for which such application, notice or statement or document is retained by the office which is not the appropriate office shall be excluded for the purposes of computing the period of limitation where any of such application, notice, statement or document is required to be presented within the prescribed period:

Provided further that any fee paid at the office which is not the appropriate shall be deemed to have been paid at the appropriate office

Provided also that before declining any such request, the Registrar shall provide the applicant an opportunity of being heard.

 

 

 

 

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