| RULES |
Trade
Marks Rules, 2001 |
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PART I |
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CHAPTER I: 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
offices 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 or services |
| 23. |
Preliminary
advice by Registrar as to distinctiveness |
| 24. |
Request
to Registrar for search |
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CHAPTER II |
| 25. |
Form
and signing of application |
| 26. |
Application
under convention arrangement |
| 27. |
Statement
of user in applications |
| 28. |
Representation
of mark |
| 29. |
Additional
representations |
| 30. |
Representations
to be durable and satisfactory |
| 31. |
Series
trade marks |
| 32. |
Request
for search of a company name |
| 33. |
Transliteration
and translation |
| 34. |
Names
and representations of living persons or persons recently
dead |
| 35. |
Name
or description of goods or services on a mark |
| 36. |
Deficiencies |
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PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION
OF A TRADE MARK |
| 37. |
Acknowledgement
and Search |
| 38. |
Expedited
examination, objection to acceptance, hearing |
| 39. |
Notice
of withdrawal of application for registration |
| 40. |
Decision
of Registrar |
| 41. |
Correction
and amendment of application |
| 42. |
Withdrawal
of acceptance by the Registrar |
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ADVERTISEMENT OF APPLICATION |
| 43. |
Manner
of Advertisement |
| 44. |
Advertisement
of series |
| 45. |
Notification
of correction or amendment of application |
| 46. |
Request
to Registrar for particulars of advertisement of a mark |
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OPPOSITION TO REGISTRATION |
| 47. |
Notice
of Opposition |
| 48. |
The
Notice of Opposition shall contain |
| 49. |
Counterstatement |
| 50. |
Evidence
in support of opposition |
| 51. |
Evidence
in support of application |
| 52. |
Evidence
in reply by opponent |
| 53. |
Further
evidence |
| 54. |
Exhibits |
| 55. |
Translation
of documents |
| 56. |
Hearing
and decision |
| 57. |
Security
for costs |
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NOTICE OF NON-COMPLETION OF REGISTRATION |
| 58. |
Procedure
for giving notice |
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REGISTRATION |
| 59. |
Entry
in the Register |
| 60. |
Associated
marks |
| 61. |
Death
of applicant before registration |
| 62. |
Certificate
of registration |
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CHAPTER III: RENEWAL OF REGISTRATION AND RESTORATION |
| 63. |
Renewal
of registration |
| 64. |
Notice
before removal of trade mark from register |
| 65. |
Advertisement
of removal of trade mark from the register |
| 66. |
Restoration
and renewal of registration |
| 67. |
Notice
and advertisement of renewal and restoration |
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CHAPTER IV: ASSIGNMENT AND TRANSMISSION |
| 68. |
Application
for entry of assignment or transmission |
| 69. |
Particulars
to be stated in application |
| 70. |
Case
accompanying application |
| 71. |
Proof
of title |
| 72. |
Impounding
of Instruments |
| 73. |
Assignments
involving transmission of moneys outside India |
| 74. |
Application
for Registrar's direction as to advertisement of an assignment
of a trade mark without goodwill of the business |
| 75. |
Application
for entry of assignment without goodwill |
| 76. |
Separate
registration |
| 77. |
Registrar's
certificate or approval as to certain assignment and transmissions |
| 78. |
Entry
in register of particulars of assignment |
| 79. |
Registration
of assignment to a company under section 46 |
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CHAPTER V: REGISTERED USERS |
| 80. |
Application
for registration as registered user |
| 81. |
Particulars
to be stated in the agreement |
| 82. |
Consideration
by the Registrar |
| 83. |
Hearing
before refusing an application or to accept it conditionally |
| 84. |
Entry
in the register |
| 85. |
Registration
not to imply authorisation to transmit money outside India |
| 86. |
Notification
of registration as registered user |
| 87. |
Registered
proprietor's application to vary entry |
| 88. |
Cancellation
of registration of registered user |
| 89. |
Power
of the Registrar to call for information with respect
to registered |
| 90. |
Procedure
on application to vary entry or cancel registration |
| 91. |
Registered
user's application |
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CHAPTER VI: RECTIFICATION AND CORRECTION OF
REGISTER ALTERATION OR RECTIFICATION OF REGISTER |
| 92. |
Application
to rectify or remove a trade mark from the register |
| 93. |
Further
procedure |
| 94. |
Intervention
by third parties |
| 95. |
Rectification
of the register by the Registrar of his own motion |
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ALTERATION OF ADDRESS |
| 96. |
Alteration
of address in register |
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CORRECTION OF REGISTER |
| 97. |
Application
for correction of register |
| 98. |
Alteration
of registered trade mark |
| 99. |
Advertisement
before decision and opposition etc |
| 100. |
Decision
- Advertisement |
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RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING
REGISTRATION |
| 101. |
Re-classification
in respect of existing registration |
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CHAPTER VII: MISCELLANEOUS |
| 102. |
Refusal
of invalidation of registration of a trade mark conflicting
with a geographical indication |
| 103. |
Single
application under sub-section (2) of section 18 |
| 104. |
Divisional
Application |
| 105. |
Extension
of time |
| 106. |
Exercise
of discretionary power of Registrar |
| 107. |
Notification
of decision |
| 108. |
Amendments
and correction of irregularity in procedure |
| 109. |
Directions
not otherwise prescribed |
| 110. |
Opinion
of the Registrar under Section 115(4) |
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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 BY 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 |
| 121. |
Power
of Registrar to notify International Non-proprietary names |
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APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE
BOARD |
| 122. |
Time
for appeal |
| 123. |
Service
to the Registrar |
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CERTIFICATE OF VALIDITY |
| 124. |
Certificate
of validity to be noted |
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RETURN OF EXHIBITS AND DESTRUCTION OF RECORDS |
| 125. |
Return
of exhibits |
| 126. |
Destruction
of records |
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PART II: SPECIAL PROVISIONS FOR COLLECTIVE MARKS |
| 127. |
Rules
to apply to collective marks |
| 128. |
Application
for registration and proceedings relating thereto |
| 129. |
Case
accompanying application |
| 130. |
Examination
and Hearing |
| 131. |
Opposition
to registration of collective marks |
| 132. |
Amendment
of regulations relating to collective marks and renewal |
| 133. |
Removal
of collective mark |
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PART III: SPECIAL PROVISIONS FOR CERTIFICATION
TRADE MARKS |
| 134. |
Rules
to apply to certification trade marks |
| 135. |
Application
for registration and proceedings relating thereto |
| 136. |
Statement
of Case accompanying application |
| 137. |
Hearing
by the Registrar before refusing an application or to
accept it conditionally |
| 138. |
Opposition
to registration of certification trade mark and renewal |
| 139. |
Rectification
of certification trade mark |
| 140. |
Alteration
of deposited regulations and consent of the Registrar
for assignment or transmission of certification trade
marks |
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PART IV: SPECIAL PROVISION FOR TEXTILE GOODS |
| 141. |
Definitions |
| 142. |
Rules
to apply to textile marks |
| 143. |
Textile
Marks |
| 144. |
Textile
Goods |
| 145. |
Application
to register letters or numerals or any combination thereof
in respect of items of textile goods |
| 146. |
Non-registrability
of certain marks |
| 147. |
Marks
likely to deceive or cause confusion |
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PART V: REGISTRATION OF TRADE MARKS AGENTS |
| 148. |
Register
of trade marks agents |
| 149. |
Registration
of existing registered trade marks agents, code of conduct,
etc |
| 150. |
Qualifications
for registration |
| 151. |
Persons
debarred from registration |
| 152. |
Manner
of making application |
| 153. |
Application
for registration as a trade marks agent |
| 154. |
Procedure
on application and qualifying requirements |
| 155. |
Certificate
of registration |
| 156. |
Continuance
of the name in the register of trade marks agents |
| 157. |
Removal
of agent's name from the register of trade marks agents |
| 158. |
Power
of Registrar to refuse to deal with certain agents |
| 159. |
Restoration
of removed names |
| 160. |
Alteration
in the register of trade marks agents |
| 161. |
Publication
of the register of trade marks agents |
| 162. |
Appeal |
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PART VI: PROVISIONS RELATING TO TESTING AND
MARKING OF PIECE-GOODS AND YARN |
| 163. |
Definitions |
| 164. |
Testing
for length and width of piece-goods |
| 165. |
Allowances
for peculiarities of cloth and for stretching |
| 166. |
Testing
of yarns |
| 167. |
Number
of samples to be selected |
| 168. |
Further
testing |
| 169. |
Manner
of selection and testing of Samples |
| 170. |
Stove
Test |
| 171. |
Place
of testing |
| 172. |
Security |
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STAMPING OF PIECE-GOODS COTTON YARN AND UNDER
rule 81 |
| 173. |
Piece-goods |
| 174. |
Stamping
of piece-goods |
| 175. |
Cases
where requirement as to stamping may be waived |
| 176. |
Nature
of stamping required |
| 177. |
Languages
and numerals to be used for marking |
| 178. |
Indications
of weight, length, name of manufacturer etc |
| 179. |
Manner
of marking cotton yarn and cotton thread |
| 180. |
Marking
of cover |
| 181. |
Markings
to be clear and distinct |
| 182. |
Manner
of expressing count of cotton-yarn |
| 183. |
Indication
of other particulars |
| 184. |
Exemptions |
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PART VII: REPEAL |
| 185. |
Repeal |
