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The Trade Marks Rules, 2017
Act ID: 2017
The Trade Marks Rules, 2017
"Rules governing the registration and protection of trademarks."
Table of Contents
158 Sections
Ch. I
– Chapter I
S.1
Short title and commencement
S.2
Definitions
S.3
Principal place of business in India
S.4
Appropriate office of the Trade Marks Registry
S.5
Jurisdiction of appropriate office not altered by change in the principal place of business or address for service
S.6
Entry of the appropriate office in the Register
S.7
Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry
S.8
Leaving of documents, etc
S.9
Issue of notices etc
S.10
Fees
S.11
Forms
S.12
Size, etc of documents
S.13
Signing of documents
S.14
Service of documents
S.15
Particulars of address etc. of applicants and other persons
S.16
Statement of principal place of business in India in the application
S.17
Address for service
S.18
Service of Documents by the Registrar
S.19
Agency
S.20
Classification of goods and service
S.21
Preliminary advice by Registrar as to distinctiveness
S.22
Request to Registrar for Search
Ch. IIP
rocedure for Registration of Trademarks Application
S.23
Form and signing of application
S.24
Application under convention arrangement
S.25
Statement of user in applications
S.26
Representation of trademark
S.27
Series Trademarks
S.28
Transliteration and translation
S.29
Names and representations of living persons or persons recently dead
S.30
Name or description of goods or services on a trademark
S.31
Deficiencies
S.32
Acknowledgment of the Application
S.33
Examination, Objection to acceptance, hearing
S.34
Expedited Processing of Application
S.35
Notice of withdrawal of application for registration
S.36
Decision of Registrar
S.37
Correction and amendment of application
S.38
Withdrawal of acceptance by the Registrar
S.39
Manner of Advertisement
S.40
Notification of correction or amendment of application
S.41
Request to Registrar for particulars of advertisement of a trademark
S.42
Notice of Opposition
S.43
Requirements of Notice of Opposition
S.44
Counterstatement
S.45
Evidence in support of opposition
S.46
Evidence in support of application
S.47
Evidence in reply by opponent
S.48
Further evidence
S.49
Translation of documents
S.50
Hearing and decision
S.51
Security for costs
S.52
Procedure for giving notice
S.53
Entry in the Register
S.54
Associated trademarks
S.55
Death of applicant before registration
S.56
Certificate of registration
Ch. IIIR
enewal of Registration and Restoration
S.57
Renewal of registration
S.58
Notice before removal of trademark from register
S.59
Advertisement of removal of trademark from the register
S.60
Restoration and renewal of registration
S.61
Notice and advertisement of renewal and restoration
Ch. IVS
pecial Provisions Relating to Protection of Trademarks through the International Registration Under Madrid Protocol
S.62
Definitions
S.63
Language
S.64
Issue of notices or communications etc. and response thereto
S.65
International application in respect of which India is the country of origin
S.66
Verification and Certification of international application in respect of which India is the country of origin
S.67
Handling fee
S.68
Manner of keeping the record of international registrations where India has been designated
S.69
Examination of application under section 36E
S.70
Invalidation of protection
S.71
Effect of cancellation of international registration
S.72
Collective and Certification Trademarks
S.73
Replacement of national registration
S.74
Section 74
Ch. VA
ssignment and Transmission
S.75
Application for entry of assignment or transmission
S.76
Case accompanying application
S.77
Proof of title
S.78
Impounding of Instruments
S.79
Assignments involving transmission of moneys outside India
S.80
Application for Registrar's direction as to advertisement of an assignment of a trademark without goodwill of the business
S.81
Application for entry of assignment without goodwill
S.82
Separate registration
S.83
Registrar's certificate or approval as to certain assignment and transmissions
S.84
Entry in register, of particulars of assignment
S.85
Registration of assignment to a company under section 46
Ch. VIR
egistered User
S.86
Application for registration as registered user
S.87
Consideration by the Registrar
S.88
Hearing before refusing an application or to accept it conditionally
S.89
Entry in the register
S.90
Registration not to imply authorisation to transmit money outside India
S.91
Communication of registration as registered user
S.92
Registered proprietor's application to vary entry
S.93
Cancellation of registration of registered user
S.94
Power of the Registrar to call for information with respect to registered user
S.95
Procedure on application to vary entry or cancel registration
S.96
Registered user's application
Ch. VIIR
ectification and Correction of Register Alteration or Rectification of Register
S.97
Application to rectify or remove a trademark from the register
S.98
Further procedure
S.99
Intervention by third parties
S.100
Rectification of the register by the Registrar of his own motion
S.101
Alteration of address in register
S.102
Alteration of registered trademark
S.103
Advertisement before decision and opposition etc
S.104
Decision, Advertisement, Notification
S.105
Re-classification in respect of existing registration
Ch. VIIIMis
cellaneous
S.106
Refusal or invalidation of registration of a trademark conflicting with a geographical indication
S.107
Single application under sub-section (2) of section 18
S.108
Divisional Application
S.109
Extension of time
S.110
Exercise of discretionary power of Registrar
S.111
Communication of decision
S.112
Amendments and correction of irregularity in procedure
S.113
Directions not otherwise prescribed
S.114
Opinion of the Registrar under section 115(4)
S.115
Hearings
S.116
Costs in uncontested cases
S.117
Exception to rule 116
S.118
Scale of costs
S.119
Application for review of Registrar's decision
S.120
Form, etc; of Affidavits
S.121
Inspection of documents
S.122
Certified copies of documents
S.123
Power of Registrar to notify International Non-proprietary names
S.124
Determination of Well Known Trademark by Registrar
S.125
Time for appeal
S.126
Service to the Registrar
S.127
Certificate of validity to be noted
S.128
Return of exhibits
S.129
Destruction of records
Ch. II
– Special Provisions for Collective Trademarks
S.130
Rules to apply to collective trademarks
S.131
Application for registration and proceedings relating thereto
S.132
Case accompanying application
S.133
Examination, Hearing, Opposition, Registration, and Renewal
S.134
Amendment of regulations relating to collective trademarks and renewal
S.135
Removal of collective trademark
Ch. III
– Special Provision for Certification Trademarks
S.136
Rules to apply to certification Trademarks
S.137
Application for registration and proceedings relating thereto
S.138
Statement of case accompanying application
S.139
Examination, Hearing, Opposition, Registration, and Renewal
S.140
Cancellation or variation of registration of certification trademark
S.141
Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks
Ch. IV
– Registration of Trademarks Agents
S.142
Register of Trademarks Agents
S.143
Registration of existing registered trademarks agents, code of conduct, etc
S.144
Qualifications for registration
S.145
Persons debarred from registration
S.146
Manner of making application
S.147
Application for registration as a trademarks agent
S.148
Procedure on application and qualifying requirements
S.149
Certificate of registration
S.150
Continuance of the name in the register of Trade Marks Agents
S.151
Removal of agent's name from the register of Trade Marks agents
S.152
Power of Registrar to refuse to deal with certain agents
S.153
Restoration of removed names
S.154
Alteration in the register of Trademarks Agents
S.155
Publication of the register of trademarks agents
S.156
Appeal
Ch. V
– Language of the Trade Marks Registry
S.157
Language of the Trade Marks Registry
Ch. VI
– Repeal
S.158
Repeal