Trade Marks Act,1999 along with rules 2002 (Bare Act)/ Universal law publication

THE TRADE MARKS ACT, 1999
Introduction
Comparative Charts
CHAPTER!
PRELIMINARY
Section
1. Short title, extent and commencement
2. Definitions and interpretation
CHAPTER 11
THE REGISTER AND CONDITIONS FOR REGISTRATION
3. Appointment of Registrar and other officers
4. Power of Registrar to withdraw or transfer cases, etc.
5. Trade Marks Registry and offices thereof
6. The Register of Trade Marks 7. Classification of goods and services
8. Publication of alphabetical index
9. Absolute grounds for refusal of registration
10. Limitation as to colour
11. Relativegroundsforrefusal of registration
12. Registration in tlie case of honest concurrent use, etc.
13. Prohibition of registration of names of chemical elements or international non-proprietaiy names 14. Use of names and representations of living persons or persons recently dead
15. Registration of parts of trade marks and of trade marks as a series 16. Registration of trade marks as associated trade marks 17. Effect of registration of parts of a mark

CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
18. Application for registration 19. Withdrawal of acceptance 20. Advertisement of application
21. Opposition to registration
22. Correction and amendment
23. Registration
24. Jointly owned trade marks 25. Duration, renewal, removal and restoration of registration 26. Effect of removal from register for failure to pay fee for renewal

CHAPTER IV
EFFECT OF REGISTRATION 27. No action for infringement of unregistered trade mark 28. Rights conferred by registration 29. Infringement of registered trade marks
30. Limits on effect of registered trade mark
31. Registration to be prima facie evidence of validity 32. Protection of registration on ground of distinctiveness in certain cases
33. Effect of acquiescence 34. Saving for vested rights
35. Saving for use of name, address or description of goods or services 36. Saving for words used as name or description of an article or substance or service 26
CHAPTER V
ASSIGNMENT AND TRANSMISSION
37. Power of registered proprietor to assign and give receipts 38. Assignability and transmissibility of registered trademarks 39. Assignabilityand transmissibility of unregistered trademarks
40. Restriction on assignment or transmission where multiple exclusive rights would be created
41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India
42. Conditions for assignment otherwise than in connection with the goodwill of a business 43. • Assignability and transmissibility of certification trade marks 44. Assignabilityand transmissibility of associated trade marks 45. Registrationof assignments and transmissions

CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS 46. Proposed use of trade mark by company to be formed, etc. 47. Removal from register and imposition of limitations on ground of non-use 48. Registered users 49. Registration as registered user 50. Power of Registrar for variation or cancellation of registration as registered user 51. Power of Registrar to call for information relating to agreement in respect of registered users 52. Right of registered user to take proceedings against infringement 53. No right ofpermitted user to take proceeding against infringement . 54. Registered user not to have right of assignment or transmission 55. Use of one of associated or substantially identical trade marks equivalent to use of another 56. Use of trade mark for export trade and use when form of trade connection changes

CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER 57. Power to cancel or vary registration and to rectify the register 58. Correction of register 59. Alterationof registered trademarks 60. Adaptation of entries in register to amended or substituted classification of goods or services

CHAPTER VIII
COLLECTIVE MARKS 61. Special provisions for collective marks 62. Collective mark not to be misleading as to character br significance . 63. Application to be accompanied by regulations governing use of
collective marks 64. Acceptance of application and regulations by Registrar 65. Regulations to be open to inspection 66. Amendment of regulations 67. Infringement proceedings by registered proprietor of collective mark. 68. Additional grounds for removal of registration of collective mark .

CHAPTER IX
CERTIFICATION TRADE MARKS 69. Certain provisions of this Act not applicable to certifica tion
trade marks
70. Registration of certification trade marks 71. Applications for registration of certification trade marks 72. Consideration of application for registration by the Registrar 73. Opposition to registration of certification trade marks 74. Filing of regulations governing use of a certification trade mark
75. Infringement of certification trade marks 76. Acts not constituting infringement of certification trade marks 77. Cancellationorvaryingofregistrationof certification trademarks 78. Rights cor\ferred by registration of certification trademarks

CHAPTER X
SPECIAL PROVISIONS FOR TEXTILE GOODS
79. Textile goods 80. Restriction on registration of textile goods 81. Stamping of piece goods, cotton yam and thread 82. Deterrrunationof character of textile goods by sampling

CHAPTER XI
APPELLATE BOARD 83. Establishment of Appellate Board 84. Composition of Appellate Board

85. Qualifications for appointment as Chairman, Vice-Chairman,
or other Members 86. Term ofoffice of Chairman, Vice-Chairman and other Members 87. Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances 88. Salaries, allowances and other terms and conditions of service of Chairmap,
Vice-Chairmanandother Members 89. Resigrration and removal
90. Staff of Appellate Board
91. Appeals to Appellate Board 92. Procedure and powers of Appellate Board
93. Bar of jurisdiction of courts, etc. 94. Bar to appear before Appellate Board 95. Conditions as to making of interim orders
96. Power of Chairman to transfer cases from one Bench to another 97. Procedure for application for rectification, etc., before Appellate Board 98. Appearance of Registrar in legal proceedings 99. Costs of Registrar in proceedings before Appellate Board 100. Transfer of pending proceedings to Appellate Board
CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE 101. Meaning ofapplying trade marks and trade descriptions 102. Falsifying and falsely appl)dng trade marks 103. Penalty for applying false trade marks, trade descriptions, etc. 104. Penal ty for selling goods or providing services to which false trade mark or false trade description is applied 105. Enhanced penalty on second or subsequent conviction
106. Penalty for removing piece goods, etc., contrary to section 81 107. Penalty for falsely representing a trade mark as registered 108. Penalty for improperly describing a place of business as connected with
the Trade Marks Office
109. Penalty for falsification of entries in the register
110. No offence in certain cases
111. Forfeiture of goods 112. Exemption of certain persons employed in ordinary course of business 113. Procedure where invalidity of registration is pleaded by the accused. 114. Offences by companies 115. Cognizance of certain offences and the powers of police officer for
search and seizure 116. Evidence of origin of goods imported by sea 117. Costs of defence or prosecution
118. Limitationofprosecution
119. Information as to commission of offence
120. Punishment of abetment in India of acts done out of India

Section
121. Instructions of Central Government as to permissible variation to be observed by criminal courts 54
CHAPTER XIII
MISCELLANEOUS
122. Protection of action taken in good faith
123. Certain persons to be public servants 124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc. 125. Application for rectification of register to be made to Appellate Board
in certain cases
126. Implied warranty on sale of marked goods 127. Powers of Registrar . '
128. Exercise of discretionary power by Registrar 129. Evidence before Registrar
130. Death of party to a proceeding
131. Extension of time
132. Abandonment
133. Preliminary adviceby the Registrar as to distinctiveness 134. Suitforinfringement, etc., to be instituted before District Court 135. Relief in suits for infringement or for passing off 136. Registered user to be impleaded in certain proceedings 137. Evidence of entries in register, etc., and things done by the Registrar. 138. Registrar and other officers not compellable to produce register, etc.. 139; Power to require goods to show indication of origin 140. Power to require information of imported goods bearing false trade marks 141. Certificate of validity 142. Groundless threats of legal proceedings
143. Address for service
144. Trade usages, etc., to be taken into con,sideration
145. Agents 146. Marks registered by an agent or representative without authority .
147. Indexes
148. Documents open to public inspection 149. Reports of Registrar to be placed before Parliament
150. Fees and surcharge
151. Savings in re.spect of certain matters in Chapter Xll 152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
153. Government to be bound 154. Special provisions relating to applications for registration from
ci tizens of convention countries
155. Provision as to reciprocity
156. PowerofCentral Government to remove difficulties
157. Power to make rules /

Section Page
158. AmendmenLs
159. Repeal and savings
THE SCHEDULE.—Amendments
66
66
67
ace
THE TRADE MARKS RULES, 2002
PARTI
CHAPTER I
PRELIMINARY
Rule
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 p 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 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. Qassification of goods and services 23. Preliminary advice by Registrar as to distinctiveness 24. Request to Registrar for search
CHAPTER II
PROCEDURE FOR REGISTRATION OFTRADE MARKS APPLICATION
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 trade mark
36. Deficiencies Procedure on Receipt ofAppIicnlionfor Registration ofaTrade Mark
37. Acknowledgement and Search 38. Expeditedexamination, objection to acceptance, hearing 39. Noticeof 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. Requirements of Notice of Opposition
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 ofNon-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

Rule
66. Restoration and renewal of registration
67. Notice and advertisement of renewal and restoration

CHAPTER IV
ASSIGNMENT ANDTRANSMISSION
68. Application for entry ofassignment 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'sdirectionas to advertisement of an assignment of a trade mark without goodwill of the business
75. Application for entry of assignment witliout 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 ofassignment to a company under section 46
CHAPTER V
REGISTERED USERS
80. Applicationforregistrationasregistereduser
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. Registrationnottoimplyauthorisationtotransnaitmoneyoutsidelndia . 86. Notification ofregistration as registered user 87. Registered proprietor's application to vary entry 88. Cancellationofregistrationofregistereduser 89. Power of the Registrar to call for information with respect to registered user 90. Procedure on application to vary entry or cancel registration 91. Registered user's application
CHAPTER VI
RECTIHCATION 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. Iiitervention by tliird parties 95. RectificationoftheregisterbytheRegistrarofhisownmotion Alteration of Address
96. Alterationofaddressinregister

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, Notification Rc-Classification of Goods in Respect ofExisting Registration
101. Re-classification in respect of existing registration
CHAPTER VII
MISCELLANEOUS
102. Refusal or 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. Extensionof 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) Hearing
111. Hearings
Award ofCosts 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 Regisb-ar'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 ofRecords
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 applica tion 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
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
PARTV
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 Person 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 a name in the register of trade marks agents

Rule
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
110

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 yams
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 ofPicce-Goods Cotton Yarn and Under Section 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-yam
183. Indication of other particulars
184. Exemptions

PART VII
REPEAL
185. Repeal
THE FIRST SCHEDULE
FEES ''' . . .
THE SECOND SCHEDULE
FORMS FORM TM-1—Application for registration of a trade mark for goods or services"(other tlian a collective mark or a certification trade mark) in the register .
FORM TM-2—Application for the registration of a trade mark (other than a collective mark or a certification trade mark) in the Register from a convention country
FORMTM-3—Application for registration ofa Collective Trade Mark

Fomi
FORMTM-4—ApplicationforregistrationofaCertificationTradeMark . . 133 FORM TM-5—Notice of opposition to application for registration of a trade mark or a Collective mark or a certification mark . 134
FORMTM-6—Form of Counter statement . . . 135 FORMTM-7—Noticeof intention to attend hearings . . 136 FORM TM-8—Application for registration of series trade mark for goods or services (other than a collective mark or a certification trade mark) in a class or for different classes . . 137
FORMTM-9—Form of counterstatement in respect of collective mark or certification trademark • ■ • 139 FORM TM-10—Application for payment of surcharge towards renewal of a trade mark, collective mark and certification trademark . . . 139 FORMTM-11—Request for search and issuance of certificate . . . 140 FORM TM-12—Renewal of registration of trade mark/collective mark/ certification trade mark • • • 141
FORM TM-13—Restoration and renewal of trade mark removed from register for non-payment of renewal fee • • 141 FORM TM-14—Application to dissolve the Association betweena registered trade mark and (an) other registered trade mark(s) • • • 142 FORM TM-15—Request for statement of grounds of decision . . • 143 FORM TM-16—Request for correction of clerical error, or for amendment . . . 143 FORM TM-17—ApplicaHon for the certificate of the Registrar under section 40(2) with reference to a proposed assignment of a registered trademark. . . 144 FORM TM-18—Affidavit . . . 145 FORM TM-19—Application for tlie approval by tlie Registrar under section 41 of a proposed assignment, or of traasmission of a trade mark, resulting in exclusive rights in different persons for different parts of India 146 FORM TM-20—Application for directions for tlie advertisement of an assignment of trade marks otherwise than in connection witli the goodwill of the business . . 147 form TM-21—Application for extension of time in which to apply for the Registrar's direction for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business . . . 14 form TM-22—Application to register a textile trade mark con.sisling exclusively 's
of numerals or letters FORM TM-23—Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title form TM-24—Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title form TM-25—Application under section 46(4) for extension of time for the registration of the name of a company as subsequent proprietor of a trade mark in tire register FORM TM-26—Application for the rectification of the register or the removal of trade mark from the register • ' . .' . form TM-27—Application for leave to intervene iir proceedings relating to the rectification of the register or the removal of trade mark from the register or the cancellation of a collective mark or certification trade mark from tlie register FORM TM-28—Appl ica tion for registration of registered user
154
155
156
156
FORM TM-29—^Application by the registered proprietor of a trade mark for variation of the registration of a registered user thereof with regard to the goods or services or the condition or restriction . . . 157 FORM TM-30—Application by the registered proprietor of a trade mark or by any of the registered users of the trade mark for the cancellation of entry ofa registered user thereof . . . . 158 FORM TM-31—Application for cancellation of entry of a registered user of a trade mark . . . 159 FORM TM-32—Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark . . . 160 FORM TM-33—Request to enter change of name or description of registered proprietor (or registered user) of trade mark upon the register . . . 161 FORM TM-34—Request for alteration of the address of the principal place of business or of residence in India or of the address in the home country abroad in the Register of Trade Marks . . 162 FORM TM-35—Application by registered proprietor of trade mark for the , cancellation of entry tliereof in the register . . 163 FORM TM-36—Application by registered proprietor of trade mark to strike out goods or services from those for which tire trade mark is registered . . 164 FORM TM-37—Application for the registration of series trade mark for goods or services (other than a collective mark or a certification trade mark) in a class or for different classes from a convention country . . 164 / Form TM-38—Application by registered proprietor under section 59(1) for an addition to or alteration of a registered trade mark . . . 166 FORM TM-39—Notice of opposition to application for addition to or alteration of a registered trade mark . . . 167
FORM TM-40—Application by the proprietor of a registered trade mark for the conversion of the specification . . . 168 FORMTM-41—Notice of opposition to proposal for conversion of .specification . . 169 FORM TM-42—Request to alter or amend the deposited regulations governing the use of a collective mark or to alter the deposited regulation of a certification trade mark 170 FORM TM-43—Application for the removal from the Register of a collective mark or to cancel or vary the registration of a certification trade mark . . 171 FORMTM-44—Application for extension of time for giving notice of opposition . . 172 FORMTM-45—Application to register a textile trade mark consisting exclusively of letter or numerals from a convention country . . . 173 FORMTM-46—Request for certificate of the Registrar . . . 175 FORM TM-47—Request for entry in the register and advertisement of a note of certificate of validity by the Appellate Board . . . 175 FORMTM-48—Formofauthorisationofanagent . . . 176 FORMTM-49—Draft of Regulations . . . 177 FORM TM-50—Form of request by a registered proprietor or a registered user of a trade mark who has no principal place of business in India to enter, alter or substitute an addi'ess for service in India as part of his registration . 178 FORM TM-51—A single application for registration of a trade mark for different classes of goods or services (other tlian a collective mark or a certification trade mark) . 179 FORM TM-52—A single application for registration of a trade mark for different classes of goods or services (other than a collective trade mark or certification trade mark) from a convention country . . . 181
FORM TM-53—Request for the division of an application or of a single application for different classes of goods or services
FORMTM-54—Request for search FORM TM-55—Application for Registrar's preliminary advice as to distinctiveness by a person proposing to apply for the registration of a trade mark FORM TM-56—Application for extension of time [not being a time expressly provided in the Act or prescribed by rule 79 or by rule 80(4)] or a time for the extension of which provision is made in the rules FORMTM-57—Application for review of Registrar's decision
FORM TM-58—Request to Registrar for particulars of advertisement of a mark . FORM TM-59—Request for duplicate or further copy of the certificate of registration . FORMTM-60—Request for search and issuance of certificate
FORM TM-61—Application under sub-rule (16) of rule 25 for inclusion of specification of goods or services in excess of five hundred characters
FORM TM-62—Application for the consent of the Registrar under section 43, rule 140(2) to the assignment or transmission of certification trade mark
FORM TM-63—Application for the expedited exaniination for tlie registration
of a trade mark FORM TM-64—Application under section 63(1) to register a collective mark for a specifica tion of goods or services included in a class from a convention country imder section 154(2) FORMTM-65—Application under section 71 to registers certification trade mark for^pecification of goods or services included in a class from a convention country form TM-66—A single application for registration of a collective trade mark for different classes form TM-67—A single application for the registration of a collective trade mark in different classes from a convention country FORM TM-68—^A single application for registration of a certification trade mark for different classes FORM TM-69—A single application for the registration of a certification trade mark in different classes from convention country FORMTM-70—Request for expedited certified copies of documents FORMTM-71—Request for expedited search report form TM-72—Request for expedited search and issuance of copyright certificate FORMTM-73—Request for refusal or invalidation of registration of a trade mark. form TM-74—Request for refusal or invalidation of registration of a trade mark. FORMTM-75—Request for search and issuance of certificate FORMTMA-1—Application for registration as a Trade Marks Agent form TMA-2—Application for restoration of the name of a person in the Register of Trade Marks Agents form TMA-3—Application for alteration of an entry in the Register of trade marks agents
Page

THE THIRD SCHEDULE FORMS TO BE USED BY THE REGISTRAR FORM O-l—Notice of non-completion of registration
209
209
FORM 0-2—Certificate of registration of trade mark . . . 210
FORM 0-3—Certificate of registration of trade mark . . . 210
FORMO-4—Certificate of registration as Trade Marks Agent . . . 211
THE FOURTH SCHEDULE
CLASSIFICATION OF GOODS AND SERVICES—NAME OF THE CLASSES . „ * 211
THE FIFTH SCHEDULE
LIST OF ITEMS OF TEXTILE GOODS REFERRED TO IN RULE 145 . . . 213
THE SIXTH SCHEDULE
SCALE OF COSTS ALLOWABLE IN RULE 114 PROCEEDINGS
BEFORE THE REGISTRAR . . . 217
I
PART VIII ;
LANGUAGE OF THE TRADE MARKS REGISTRY
. . 218
JURISDICTION OF OFFICES OF THE
TRADE MAKRS REGISTRY 219
THE TRADE MARKS (APPLICATIONS AND
APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD) RULES, 2003
1. Short title and commencement . . . 231
2. Applications anci appeals . . . 231
3. Fees . . . 231
THE FIRST SCHEDULE—MANNER OF MAKING APPLICATIONS AND
FORMS OF APPEAL . . . 232
FORM 1—Application for the removal of trade mark from the register or rectification of the register under section 47/57/125 of the Trade Marks Act, 1999 . . . 232
FORM 2—Appeal under section 91 of the Trade Marks Act, 1999 in respect of Goods or Services falling in one class . . . 233
FORM 3—Appeal under section 91 of the Trade Marks Act, 1999 in respect of Goods or Services falling into two or more classes . . . 235
FORM 4—Appeal under sectiorv91 of the Trade Marks Act, 1999 read with rule 162 of the Trade Marks Rules, 2002 in respect of Registration or Removal of a Trade Marks Agent from the Register of Trade Marks Agents . . 237
FORM 5—Application for leave to condone the delay in filing appeal under section 91(2) of the Trade Marks Act, 1999 . . . 238
THE SECOND SCHEDULE—FEES . . . 239
THE INTELLECTUAL PROPERTY APPELLATE BOARD (PROCEDURE) RULES, 2003
Rules
1. Short title and commencement
2. Definitions 3. Form of procedure of application or appeal 4. Payment of fee 5. Language of the Appellate Board 6. Application or appeal to be in writing 7. Presentation and scrutiny of application or appeal 8. Documents to accompany application or appeal 9. Notices of application or appeal to the respondent 10. Filing of counter-statement to the application or appeal and other documents by the respondent 11. Filing of reply by the applicant or appellant
12. Exhibits 13. Translation of documents 14. Extension of time 15. Intervention by third parties 16. Date of hearing to be notified 17. Hearing of application or appeal 18. Adjournment of hearing 19. Award of costs by the Appellate Board 20. Order to be signed and dated 21. Communication of orders
22. Publication of the orders 23. Review petitions 24. Continuation of proceedings after the death of a party, merge assignment, acquisition or transmission 25. Fee for inspection of records and obtaining copies thereof 26. Functions of the Deputy Registrar 27. Additional functions and duties of the Deputy Registrar 28. Dress regulations for the Chairman, Vice-Chairman, Technical Member of the Appellate Board and for the representatives of the parties
29. Seal and emblem THE FIRST SCHEDULE—VORMS FORM 1—Form of Counter-Statement form 2—Form of Counter-Statement form 3—Application for extension of time form 4—Application for leave to intervene in proceedings relating to the rectification of the register or the removal of trade mark from the register of trade marks FORM 5 Application for adjournment of hearing FORM 6 Petition for review of the order of the Appellate Board THE SECOND SCHEDULE—FEES
THE trade marks (REMOVAL OF DIFFICULTIES) ORDER, 2004