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Bare acts > Trade and Merchandise Marks Rules, 1959
 
 
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RULE Trade and Merchandise Marks Rules, 1959
   
 

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
   
  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
   
  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
   
  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)
   
  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
   
  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
   
  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
   
  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
   
  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
   
  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
   
  PART VI: REPEAL
181. Repeal
 
 
 
 
 
 

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