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.
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. Document 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.
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.
29. Additional representation.
30. Representations to be durable and satisfactory.
31. Specimens of the mark in exceptional cases.
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. Application under reciprocal arrangements.
37. Acknowledgement of receipt of applications.
38. Search.
39. Objection to acceptance. Hearing.
40. Notice of withdrawal of application for registration.
42. Disclaimer.
43. Correction and amendment of application.
44. Withdrawal of acceptance by the Registrar.
45. Application for registration of a defensive trade mark.
49. Notification of correction or amendment of application.
50. Request to Registrar for particulars of Advertisement of a mark.
53. Evidence in support of opposition.
54. Evidence in support of application.
55. Evidence in reply by opponent.
57. Exhibits
61. Procedure for giving notice.
64. Death of applicant before registration.
65. Certificate of registration.
CHAPTER - III
RENEWAL OF REGISTRATION AND RESTORATION
67. Notice before removal of trade mark from register.
68. Advertisement of removal of trade mark from the register.
69. Registration 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.
76. Assignments involving transmission of moneys outside India.
78. Application for entry of assignment without goodwill.
80. Registrar’s certificate or approval as to certain assignment and transmissions.
81.
Registration of assignment to company under section 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 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 section 57(2).
CHAPTER - VI
RECTIFICATION AND CORRECTION OF REGISTER
Alteration or rectification of register
94. Application to rectify or remove a trade mark form the register.
96. Intervention by third parties.
97. Rectification of the register by the Registrar of his own motion.
98. Alteration of address in register.
99. Application under section 57 (1).
100 Advertisement of certain applications.
101. Alteration of registered trade mark.
102. Advertisement before decision and opposition, etc.
103. Decision – Advertisement – Notification.
104. Printing block and fee for advertisement.
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.
111. Hearings.
112. Costs in uncontested cases.
114. Scale of costs.
115. Application for review of Registrar’s decision.
116. Form, etc., of Affidavits.
118. Distribution of copies of Journal and other documents.
119. Certified copies of documents.
120. Certificate for use in obtaining registration abroad.
121. Time for appeal.
122. Application made to the High Court to be served on the Registrar.
123. Certificate of validity to be noted.
124. Return of exhibits and printing blocks.
PART - II
Special Provisions for Certification Trade Marks
126. Rules to apply to certification trade marks.
127. Application for registration and proceedings relating thereto.
128. Case accompanying application.
130. Opposition to registration of certification trade marks.
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. Application to register word mark.
139. Application to register letters or numerals or any combination thereof.
141. Application for registration of other textile marks.
142. Search.
143. Continuance of a mark in the Refused Textile Marks List.
144. Non-Registrability of certain marks.
145.
Marks
likely to deceive or to cause confusion.
PART - IV
Registration of Trade Marks Agents
146. Register or Trade Marks Agents.
147. Registration of existing registered trade marks agents.
148. Qualifications for registration.
149. Persons debarred from registration.
150. Manner of making application.
151. Application for registration as a trade marks agent.
152. Procedure on application.
153. Certificate or registration.
154. Continuance of a name in the Register of Trade Marks Agents.
155. Removal of agent’s name from the Register of Trade Marks Agents.
156. Restoration of removed names.
157. Alteration in the Register of Trade Marks Agents.
158.
Publication
of the Register of Trade Marks Agents.
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.
169. 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 manufacturer, etc.
175. Manner of marking cotton yarn and cotton thread.
176. Marking of cover.
177. Markings to be clear and distinct.
178. Manner of expressing count of cotton yarn.
179. Indication of other particulars.
180.
Exemptions.
PART - VI
Repeal
181.
Repeal.