| RULES | Trade Marks Rules, 2001 |
| | |
| | PART I |
| | 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 |
| | |
| | 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 |
| | 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 |
| | 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 |
| | 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 |
| | NOTICE OF NON-COMPLETION OF REGISTRATION |
| 58. | Procedure for giving notice |
| | REGISTRATION |
| 59. | Entry in the Register |
| 60. | Associated marks |
| 61. | Death of applicant before registration |
| 62. | Certificate of registration |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | ALTERATION OF ADDRESS |
| 96. | Alteration of address in register |
| | 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 |
| | RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING REGISTRATION |
| 101. | Re-classification in respect of existing registration |
| | |
| | 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) |
| | 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 BY 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 |
| 121. | Power of Registrar to notify International Non-proprietary names |
| | APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD |
| 122. | Time for appeal |
| 123. | Service to the Registrar |
| | CERTIFICATE OF VALIDITY |
| 124. | Certificate of validity to be noted |
| | RETURN OF EXHIBITS AND DESTRUCTION OF RECORDS |
| 125. | Return of exhibits |
| 126. | Destruction of records |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | 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 |
| | |
| | PART VII: REPEAL |
| 185. | Repeal |
