- THE TRADE MARKS RULES
- Table of Contents
- Preliminary
- Fees and Forms
- Classification of Goods
- Re-Classification of Goods of Old Registrations
- Documents
- Address
- Agents
- Registrable Trade Marks and Preliminary Advice (Section 43)
- Application for Registration of a Trade Mark
- Procedure all Receipt of Application for Registration of a Trade Mark
- Defensive Trade Marks
- Certification Trade Mark
- Advertisement of Application
- Opposition to Registration
- 46. Opposition
- 47. Notice of opposition
- 48. Counter statement
- 49. Evidence in support of opposition
- 50. Evidence in support of application
- 51. Evidence in reply by opponent
- 52. Further evidence
- 52A. Abandonment of application or opposition
- 53. Exhibits
- 54. Hearing
- 55. Extension of time
- 56. Security for costs
- 57.Costs in uncontested case
- 58. Opposition to application under section 40
- Non-Completion
- Entry in the Register, and Associated Mark
- Renewal
- Assignments and Transmissions
- 71. Joint application for entry of assignment or transmission
- 72. Application for entry of assignment or transmission by subsequent proprietor
- 73. Particulars to be stated in application
- 74. Case accompanying application
- 75. Proof of title
- 76. Application for entry of assignment without goodwill
- 77. Entry in register
- 78. Separate registrations
- 79. Registrar's certificate of approval as to certain assignments and transmissions
- 80. Registrar's directions for advertisement of assignment without goodwill of trademark in use
- Alteration of Address
- Applications to the Registrar for Rectification (Sections 29, 30, 35 and 36)
- Applications for Alteration of the Register by Correction, Change, Cancellation or Striking out Goods or for Entry of Disclaimer, Memorandum or Note (Section 37 (1))
- Application to Alter Registered Trade Marks
- Court Orders for Rectification of Certification Trade Mark Entries and Regulations
- Alteration of Certification Trade Mark Regulations
- Registered Users
- 95. Application for entry of registered user
- 96. Entry and notification
- 97. Registered proprietor's application to vary entry
- 98. Application by registered proprietor or user to cancel entry
- 99. Application by any person to cancel entry
- 100. Notification and hearing
- 101. Registered user's application to correct error or enter change
- Extension of Time
- Discretionary Power
- Power to Dispense with Evidence
- Amendments
- Certificates
- Declarations
- Search
- Textile Goods
- Metal Goods
- Appeals to the Court
- Applications to and Orders of the Court
- FIRST SCHEDULE—FEES (r. 3)
- SECOND SCHEDULE—CLASSIFICATION OF GOODS (rr, 5, 6 and 114)
- THIRD SCHEDULE—CLASSIFICATION OF GOODS (rr. 5, 6, 20, 21,114, 115 and 116)
- FOURTH SCHEDULE—FORMS (r. 4)
SUBSIDIARY LEGISLATION
Rules under sections 39 and 41
THE TRADE MARKS RULES
ARRANGEMENT OF RULES
Rule' 'Preliminary
I-Short title.
2-Interpretation.
Fees and Forms
3-Fees.
4-Forms.
Classification of Goods
S-elassification of goods.
Reclassification of Goods of Old Registrations
6-Appli6atT~n by registered proprietors for conversion of specification. 7-Advertisement of proposal. 8-Conversion of specifications.
Documents
9----':Size, etc., of documents. IO-Signature of documents by partnerships, companies and associations. l l-e-Service of documents.
Address
I2-Address.
I3-Address for service.
Agents
I4-Agency.
Registrable Trade Marks and Preliminary Advice (Section 43)' .
IS-;Registrable trade marks.
16-Flags, emblems, arms, etc.
I7-Arms of city, etc.
I8-Living persons or persons recently dead.
19--Name or description of goods on-a trade mark.
20-Preliminary advice by Registrar as to distinctiveness.
Rule Application for Registration of a TradeMark
21-Form of application.
22-Representation of mark..
23-Additional forms and representations,
24-Representations to be durable.
25-Separate applications.
26-Representations to be satisfactory.
27-Speciinens of trade marks in exceptional cases.
28-Series of trade marks.
29-Transliteration and translation.
Procedure on Receipt of Application for. Registration of a Trade Mark
3D-Search.
31-Registrar's powers on application.
32-0bjection by Registrar.
33-Conditions by Registrar'.
34-Decision of Registrar,
35-Disclaimer.
Defensive Trade Marks
36-Application under section 30.
Certification Tracie Marks
37-Application under section 40.
38-Authorization to proceed.
39-Case; draft regulations.
40-Rcgulations and application to be open to inspection',
41-Registrar's refusal.
Advertisement of Application
42-Advertisement of application.
43-Printing block.
44-'Advertisement of series,
45-Advertisements under section '21 (10) and section 38 (2) and (4).
45A-Reim·bursement for advertisements.
Opposition to Registration
46-0pposition.
47-Notice of opposition.
48-Counter-statemen t.
49-Evidence in support of opposition.
50-Evidence in support of application.
51-Evidence in reply by opponent.
52-Further evidence.
52A-Abandonment of application or opposition.
53-Exhibits.
54-Hearing.
55-Extension of time.
56-Security for costs.
57-Costs -in uncontested case.
58-Opposition to application under section 40.
N on-completion
59-Nan-completion of registration.
Rule 'Entry in the Register, and Associated Marks
.60-Entry in register.
61-..:..Associated marks.
62-Deatb of applicant before registration.
63--eertificate of registration.
Renewal
64-Renewal of registration.
65-Notice before removal of trade mark from register.
66-Second notice..
67-Adveliisement of non-payment.
68-Removal of trade mark from register.
Restoration.
69-Record of removal of mark.
7D--Notice and advertisement of renewal and restoration.
Assignments and Transmissions
71-Joint application for entry of assignment.or transmission, 72-Application for entry of assignment or transmission by subse
quent proprietor. 73-Particulars to be stated in application. 74-Case accompanying application. 75-Proof of title. 76--:-Application for entry of assignment without goodwill. 77-Entry in register.. 78-Separate registrations. 79-Registrar's certificate -or.approval as to certain assignments and
transmissions. 8Q--Registrar's directions for advertisement of assignment without goodwill of trade mark in use.
Alteration of Address
81-Alteration of address in register.
Applications to the Registrar for Rectification (Sections 29, 30, 35 and 36)
~2-Application to rectify or .rernove a trade mark from the register.
83-Further procedure.
84-Intervention by third parties.
Applications for Alteration of the Register by Correction, Change, Cancellation or Striking Out Goods lor for Entry of Disclaimer, Memorandum or Note (Section 37 (1))
85-Application under section 37 (1).
86-Evidcnce.
87-Advertisement of certain applications.
'S8-certificates of validity to be noted.
Applications to Alter Registered Trade Marks
89-A.lteration of registered mark.
9O-Advemsement before decision.
91-Decision of Registrar.
92-Advertisement illustration.
[Subsidiary]
Court Orders for Rectification 0/ Certification. Rule Trade Mark Entries and Regulations
93-Rectification of certification trade mark entries by the court.
A Iteration 0/ Certification Trade Mark Regulations
94-Alteration of regulations.
Registered U.sers
95-Application for entry of registered user.
96-Entry and notification.
97-':-Registered proprietor's application to vary entry.
98-Application by registered proprietor or user to cancel entry.
99-Application by any person to cancel entry.
1Oo-Notification and hearing.
10I-Registered user's application to correct error or enter change.
Extension 0/ Time
lOZ-Extension of time.
. Discretionary Power
103-Hearing. I04-AppIication for hearing. 105-Notice of hearing. I06-l'{otification of decision.
'Power to Dispense with Evidence
107-Dispensing with evidence,'
Amendments
lOS-Amendments of documents.
Certificates
109-Certificates by Registrar. 110-?\1arks registered without limitation of colour. -Ill-Certificates for use in obtaining registration abroad.
Declarations
112-Person before whom declaration is to be taken. 113-Presumption as to seal of officer taking declaration,
Search
114-Searches.
Textile Goods 115-Textile goods.
Metal Goods
116-Metal goods.
Appeals to the Court
I17-Appeal to court.
Applications to and Orders of the Court
II8-Applications to court. 119-or"der of court. lZo-Publication of order of court.
ScHEDULES.
TIllE TRADE MARKS RULFS
Preliminary - These Rules may be cited as the Trade Marks Rules.
- In these Rules, except where the context otherwise requires
"agent" means an advocate, and any person who before the appointed day was a Trade Mark Agent recognized by the Registrar;
"the office-, means the office of the Registrar;
THE TRADE MARKS RULES
ARRANGEMENT OF RULES
Rule' 'Preliminary
I-Short title.
2-Interpretation.
Fees and Forms
3-Fees.
4-Forms.
Classification of Goods
S-elassification of goods.
Reclassification of Goods of Old Registrations
6-Appli6atT~n by registered proprietors for conversion of specification. 7-Advertisement of proposal. 8-Conversion of specifications.
Documents
9----':Size, etc., of documents. IO-Signature of documents by partnerships, companies and associations. l l-e-Service of documents.
Address
I2-Address.
I3-Address for service.
Agents
I4-Agency.
Registrable Trade Marks and Preliminary Advice (Section 43)' .
IS-;Registrable trade marks. Rule Application for Registration of a TradeMark
21-Form of application. Procedure on Receipt of Application for. Registration of a Trade Mark
3D-Search. Defensive Trade Marks
36-Application under section 30.
Certification Tracie Marks
37-Application under section 40. Advertisement of Application
42-Advertisement of application. Opposition to Registration
46-0pposition. N on-completion
59-Nan-completion of registration.
Rule 'Entry in the Register, and Associated Marks
.60-Entry in register. Renewal
64-Renewal of registration. Restoration. Assignments and Transmissions
71-Joint application for entry of assignment.or transmission, 72-Application for entry of assignment or transmission by subse
quent proprietor. 73-Particulars to be stated in application. 74-Case accompanying application. 75-Proof of title. 76--:-Application for entry of assignment without goodwill. 77-Entry in register.. 78-Separate registrations. 79-Registrar's certificate -or.approval as to certain assignments and
transmissions. 8Q--Registrar's directions for advertisement of assignment without goodwill of trade mark in use.
Alteration of Address
81-Alteration of address in register.
Applications to the Registrar for Rectification (Sections 29, 30, 35 and 36)
~2-Application to rectify or .rernove a trade mark from the register. Applications for Alteration of the Register by Correction, Change, Cancellation or Striking Out Goods lor for Entry of Disclaimer, Memorandum or Note (Section 37 (1))
85-Application under section 37 (1). 'S8-certificates of validity to be noted.
Applications to Alter Registered Trade Marks
89-A.lteration of registered mark. Court Orders for Rectification 0/ Certification. Rule Trade Mark Entries and Regulations
93-Rectification of certification trade mark entries by the court.
A Iteration 0/ Certification Trade Mark Regulations
94-Alteration of regulations.
Registered U.sers
95-Application for entry of registered user. 1Oo-Notification and hearing. Extension 0/ Time
lOZ-Extension of time.
. Discretionary Power
103-Hearing. I04-AppIication for hearing. 105-Notice of hearing. I06-l'{otification of decision.
'Power to Dispense with Evidence
107-Dispensing with evidence,'
Amendments
lOS-Amendments of documents.
Certificates
109-Certificates by Registrar. 110-?\1arks registered without limitation of colour. -Ill-Certificates for use in obtaining registration abroad.
Declarations
112-Person before whom declaration is to be taken. 113-Presumption as to seal of officer taking declaration,
Search
114-Searches.
Textile Goods 115-Textile goods.
Metal Goods
116-Metal goods.
Appeals to the Court
I17-Appeal to court.
Applications to and Orders of the Court
II8-Applications to court. 119-or"der of court. lZo-Publication of order of court.
ScHEDULES.
TIllE TRADE MARKS RULFS
Preliminary "agent" means an advocate, and any person who before the appointed day was a Trade Mark Agent recognized by the Registrar;
"the office-, means the office of the Registrar;
16-Flags, emblems, arms, etc.
I7-Arms of city, etc.
I8-Living persons or persons recently dead.
19--Name or description of goods on-a trade mark.
20-Preliminary advice by Registrar as to distinctiveness.
22-Representation of mark..
23-Additional forms and representations,
24-Representations to be durable.
25-Separate applications.
26-Representations to be satisfactory.
27-Speciinens of trade marks in exceptional cases.
28-Series of trade marks.
29-Transliteration and translation.
31-Registrar's powers on application.
32-0bjection by Registrar.
33-Conditions by Registrar'.
34-Decision of Registrar,
35-Disclaimer.
38-Authorization to proceed.
39-Case; draft regulations.
40-Rcgulations and application to be open to inspection',
41-Registrar's refusal.
43-Printing block.
44-'Advertisement of series,
45-Advertisements under section '21 (10) and section 38 (2) and (4).
45A-Reim·bursement for advertisements.
47-Notice of opposition.
48-Counter-statemen t.
49-Evidence in support of opposition.
50-Evidence in support of application.
51-Evidence in reply by opponent.
52-Further evidence.
52A-Abandonment of application or opposition.
53-Exhibits.
54-Hearing.
55-Extension of time.
56-Security for costs.
57-Costs -in uncontested case.
58-Opposition to application under section 40.
61-..:..Associated marks.
62-Deatb of applicant before registration.
63--eertificate of registration.
65-Notice before removal of trade mark from register.
66-Second notice..
67-Adveliisement of non-payment.
68-Removal of trade mark from register.
69-Record of removal of mark.
7D--Notice and advertisement of renewal and restoration.
83-Further procedure.
84-Intervention by third parties.
86-Evidcnce.
87-Advertisement of certain applications.
9O-Advemsement before decision.
91-Decision of Registrar.
92-Advertisement illustration.
[Subsidiary]
96-Entry and notification.
97-':-Registered proprietor's application to vary entry.
98-Application by registered proprietor or user to cancel entry.
99-Application by any person to cancel entry.
10I-Registered user's application to correct error or enter change.