Trade
And Merchandise Rules, 2002
PART 1
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
6. Entry of the appropriate office in the register
7. Transfer of pending applications and proceedings to appropriate offices of the trade marks registry
9. Documents etc. filed or left not at the appropriate office
11. Fees
12. Forms
16. Particulars of address etc; of applicants and other persons
17. Statement of principal place of business in India in an application
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
PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION
25. Form and signing of application
26. Application under convention arrangement
27. Statement of user in applications
29. Additional representations
30. Representations to be durable and satisfactory
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
41. Correction and amendment of application
42. Withdrawal of acceptance by the Registrar
ADVERTISEMENT OF APPLICATION
45. Notification of correction or amendment of application
46. Request to Registrar for particulars of advertisement of a mark
OPPOSITION TO REGISTRATION
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
NOTICE OF NON-COMPLETION OF REGISTRATION
58. Procedure for giving notice
REGISTRATION
60. Associated marks
61. Death of applicant before registration
62. Certificate of registration
CHAPTER III
RENEWAL OF REGISTRATION AND RESTORATION
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
73. Assignments involving transmission of moneys outside India
75. Application for entry of assignment without goodwill
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
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 user
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
94. Intervention by third parties
95. Rectification of the register by the Registrar of his own motion
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 – Notification
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
105. Extension of time
106. Exercise of discretionary power of Registrar
108. Amendments and correction of irregularity in procedure
109. Directions not otherwise prescribed
110. Opinion of the Registrar under Section 115(4)
111. Hearings
AWARD OF COSTS BY REGISTRAR
112. Costs in uncontested cases
114. Scale of costs
115. Application for review of Registrar's decision
INSPECTION OF DOCUMENTS BY THE PUBLIC
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
CERTIFICATE OF VALIDITY
124. Certificate of validity to be noted
RETURN OF EXHIBITS AND DESTRUCTION OF RECORDS.
125. Return of exhibits
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
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
PART IV
SPECIAL PROVISION FOR TEXTILE GOODS
141. Definitions
142. Rules to apply to textile marks
143. Textile Marks
144. 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 SECTION 81
173. 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