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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
 
 
 

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