S.O. 2603, DATED 25^TH NOVEMBER, 1959. -In exercise of the powers conferred by See. 133 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) read with Sec. 22 of the General Clauses Act, 1897 (10 of 1897), the Central Government is pleased to make the following rules, the same having been previously published as required by sub-section (1) of the first mentioned section, namely:

PART-I

CHAPTER I

PRELIMINARY

1. SHORT TITLE AND COMMENCEMENT. -

(1) These rules may be called the Trade and Merchandise Marks Rules, 1959.

(2) They shall come into force on the date¹ on which the Act comes into force.

1. Vide S.O. 2600 (w.e.f. 25th November, 1959).

2. DEFINITIONS. - In these rules, unless the context otherwise requires-

(a) “Act” means the Trade and Merchandise Marks Act, 1958 (43 of 1958);

(b) “Agent” means a person authorised under See. 123;

(d) “Appropriate office of the Trade Marks Registry” means the relevant office of the Trade Marks Registry as specified in rule 4;

(e) “Form” means a form set forth in either the Second or the Third Schedule;

(f) “Journal” means the Trade Marks Journal;

(g) “Notified date”, means the date on which the rules come into force;

(h) “Principal place of business in India”, means the relevant place in India as specified in rule 3;

(i) “Registered trade marks agent” means a trade mark agent whose name is actually on the Register of Trade Marks Agents maintained under rule 146;

(j) “Schedule” means a Schedule to the rules;

(k) “Section” means a section of the Act;

(l) “Specification” means the designation of goods in respect of which a trade mark or registered user of a trade mark is registered or proposed to be registered;

(m) “All other words and expressions used but not defined in the rules and defined in the Act shall have the meaning assigned to them in the Act.

3. PRINCLPAL PLACE OF BUSENESS IN INDIA.-“Principal place of business in India” means-

(i) Where a person carries on business in the goods concerned in a trade mark-

(a) If the business is carried on in India at only one place, that place;

(b) If the business is carried on in India at more places than one, the place mentioned by him as the principal place of business in India;

(ii) Where a person is not carrying on a business in the goods concerned in a trade mark-

(a) If he is carrying on any other business in India at only one place, that place;

(b) If he is carrying on any other business in India at more places than one, the place mentioned by him as the principal place of the business in India; and

(iii) Where a person does not carry on any business in India but has a place of residence in India, then such place of residence in India.

4. APPROPRIATE OFFICE OF THE TRADE MARK REGISTRY. -The “appropriate office of the Trade Marks Registry” for the purpose of making an application for registration of a trade mark under Sec. 18 or for giving notice of opposition under See. 21 or for filing an application for rectification under Secs.46, 47 (4) or 56 or for any other proceedings under the act and the rules shall be-

(a) In relation to a trade mark on the register of trade marks at the notified date, the office of the Trade Marks Registry within whose territorial limits-

(i) The principal place of business in India of the registered proprietor of the trade mark as entered in the register at such date is situate;

(ii) Where there is no entry in the register as to the principal place of business in India of the registered proprietor, the place mentioned in the address for service in India as entered in the register at such date is situate;

(iii) In the case of jointly registered proprietors, the principal place of business in India of the proprietor whose name is entered first in the register as having such place of business in India at such date is situate;

(iv) Where none of the jointly registered proprietors is shown in the register as having a principal place of business in India, the place mentioned in the address for service in India of the joint proprietors as entered in the register at such date is situate;

(v) If no principal place of business in India of the registered proprietor of the mark or in the case of joint registration, of any of the joint proprietors of the mark, is entered in the register, and the register does not contain any address for service in India, the place of the office of the Trade Marks Registry where the application for registration of the trade marks was made, is situate; and

(b) In relation to a trade mark for which an application for registration is pending at the notified date or is made on or after the notified date, the office of the Trade Marks Registry within whose territorial limits-

(i) The principal place of business in India of the applicant as disclosed in his application or, in the case of joint applicants, the principal place of business in India of the applicant whose name is first mentioned in the application, as having such place of business is situate;

(ii) Where neither the applicant nor any of the joint applicants, as the case may be, has a principal place of business in India, the place mentioned in the address for service in India as specified in the application is situate.

5. JURISDICTION OF APPROPRLATE OFFICE NOT ALTERED BY CHANGE IN TBE PRINCIPAL PLACE OF BUSINESS oR ADDREss FoR sERvicE. - No change in the principal place of business in India or in the address for service in India, as the case may be-

(a) Of a registered proprietor or of any of the jointly registered proprietors in relation to any trade mark on the register at the notified date, made or effected subsequent to that date, or

(b) Of an applicant for registration or of any of the joint applicants for registration in relation to any trade mark for which an application for registration is either pending at the notified date or is made on or after that date, made or effected subsequent to that date or to the date of filing of such application, as the case may be, shall effect the jurisdiction of the appropriate office of the Trade Marks Registry.

6. ENTRY OF THE APPROPRIATE OFFICE IN THE REGISTER. -In respect of every trade mark on the register at the notified date or registered thereafter the Registrar shall cause to be entered in the register the appropriate office of the Trade Marks Registry and the Registrar may, at any time, correct any error in the entry so made.

7. TRANSFER OF PENDING APPLICATIONS AND PROCEEDINGS TO APPROPRIATE OF THE TRADE MARK REGISTRY. -Every application and proceeding pending before the Registrar at the notified date in relation to a trade mark shall be deemed to have transferred to the appropriate office of the Trade Marks Registry.

¹[8. LEAVING OF DOCUMENTS, ETC.-

(1) Save as otherwise provided in sub-rule (2), all applications, notices, statements or other documents or any fees authorised or required by the Act or the rules to be made, served, left or sent or paid at or to the Trade Marks Registry in relation to a trade mark on the Register of Trade Marks on the notified date or for which an application for registration is pending or, or is made on or after the notified date, shall be made, served, left or sent or paid to the appropriate office of the Trade Marks Registry.

(2) Documents or fees authorised or required by the Act or the rules to be sent or paid may be sent or paid at or either to the appropriate office or the head office of the registry in the following matters, -

(a) Communication and other documents including affidavits in relation to an application filed for registration of a trade mark;

(b) Excess space fee for advertisement in the Trade Marks Journal; and

(c) Application or request on forms TM -12, TM- 14, TM- 17, TM -19, TM-20, TM-21, TM-22, TM-23, TM-24, TM-25, TM-28, TM-29, TM-30, TM-31, TM-32, TM-33, TM-34, TM-35, T-36, TM-37, TM- 38, TM-39, TM-40, TM-46, TM-47, TM-50, TM-54, TM-55, TM-58 and TM-59.]

1. Subs. by S.O. 171 (E) dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

9. DOCUMENTS. ETC. FILED OR LEFT NOT AT THE AppROPRIATE OFFICE. - ¹[Subject to the provisions of rule 8, where any application], notice, statements or other document or any fee authorised or required by the Act or the rules is made, served, left or sent or paid, at or to an office which is not the appropriate office of the Trade Marks Registry, the Registrar shall return such application, notice, statement or document or fee to the person concerned.

1. Subs. by S.O. 171 (E), dated ist March, 1985 (w.e.f. 1^st March, 1985).

10. ISSUE OF NOTICES, ETC. -Any notice or communication relating to any application matter or proceeding under the Act or the rules shall ordinarily be issued from the appropriate office of the Trade Marks Registry but may, nevertheless, be issued from any office of the Trade Marks Registry.

11. FEES. -

(1) The fees to be paid in respect of applications, oppositions, registration and other matters under the Act and the rules shall be those specified in Schedule 1, hereinafter referred to as the prescribed fees.

(2) Mere in respect of any matter a fee is required to be paid under the rules, the form or the application or the request or the petition, therefore, shall be accompanied by the prescribed fee.

(3) Fees may be paid in cash or sent by money order addressed to the Registrar of Trade Marks or by postal order or by a bank draft issued by, or by a cheque drawn on and guaranteed, by a scheduled bank as defined in the Reserve Bank of India Act, 1934 (2 of 1934) ¹[or at the discretion of the Registrar by a cheque drawn on such bank even though not so guaranteed, and if sent through post shall be deemed to have been paid at the time when the money order or the properly addressed and prepaid letter containing the postal order, or bank draft or cheque would be delivered in the ordinary course of post.]

(4) Postal orders shall be crossed and made payable to the Registrar at the appropriate office of the Trade Marks Registry and bank drafts and cheques shall also be similarly crossed and made payable to the Registrar but they shall be drawn on a scheduled bank at the place where the appropriate office of the Trade Marks Registry is situate.

(5) Where a fee is payable in respect of the filing of a document, the date on which the entire fee is paid shall be deemed to be the date of filing of the document.

(6) Where any fee paid by a party is ordered to be returned by the Registrar under any of the provisions of the Act or the rules the amount may be refunded by money order in which event money order commission shall be deductible from such amount.

1. Added by S.O. 1339, dated 21^st May, 1960.

12. Forms. -

(1) The forms set forth in the Second and the third Schs. be used in all cases to which they are applicable and may be modified as directed by the Registrar to meet other cases.

(2) Any form, when filed at the Trade Marks Registry, shall be accompanied by the prescribed fee.

13. SIZES, ETC., OF DOCUMENTS. -

(1) Subject to any other directions that may be given by the Registrar, all applications, notices, statements, or other documents except trade marks, authorised or required by the Act or the rules to be made, served, left or sent, at or to the Trade Marks Registry or with or to the Registrar or the Central Government, shall be written, typewritten, lithographed or printed in Hindi or in English in large and legible characters with deep permanent ink upon strong paper, and except in the case of affidavits, on one side only, ¹[of a size of approximately 33 centimetres by 20 centimetres and shall have on the left hand part there a margin of not less than or 4 centimetres].

(2) Duplicate documents including copies of trade marks shall be filed at the Trade Marks Registry, if at any time required by the Registrar.

1. Subs. by S.O. 5189. dated 9^th November, 1971 (w.e.f. 1. 1.72).

14. SIGNING OF DOCUMENTS. -

(1) A document purporting to be signed by a partnership shall be signed by at least one of the partners and 1 document purporting to be signed by a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate. The capacity in which an individual signs a document on behalf of a partnership or a body corporate shall be stated below his signature.

(2) Signature to any documents if written in characters other than Roman, or if not legible shall be accompanied by a transliteration in English and in block capitals.

15. SERVICE OF DOCUMENTS. -

(1) Any application, notices, statements, papers having representations affixed thereto, or other documents authorised or required by the Act or the rules to be made, served, left or sent, at or to the Trade Marks Registry or with or to the Registrar or the Central Government, or any other person may be sent through the post by a pre-paid letter.

(2) Any application or any document so sent shall be deemed to have been made, served, left or sent at the time when the letter containing the same would be delivered in the ordinary course of post.

(3) In proving such sending it shall be sufficient to prove that the letter was properly addressed and put into the post.

16. PARTICULARS OF ADDRESS, ETC. OF APPLICANTS AND OTHER PERSONS. -

(1) Names and addresses of the applicants and other persons shall be given in full, together with their nationality, calling, and such other particulars as are necessary for identification.

(2) In the case of a firm the full name and nationality of every partner thereof shall be stated.

(3) In the case of foreign applicants and persons having no principal place of business in India, their addresses in their home country shall be given in addition to their address for service in India.

(4) In the case of a body corporate or firm, the country of incorporation or the nature of registration, if any, as the case may be, shall be given.

17. STATEMENT OF PRINCIPAL PLACE OF BUSINESS IN INDIA IN AN APPLICATION. -

(1) Every application for registration of a trade mark shall state the principal place of business in India, if any, of the applicant or in the case of joint applicants, of such of the joint applicants as have a principal place of business in India.

(2) Subject to the provisions of rules 18, 19 and 21 any written communication addressed to an applicant, or in the case of joint applicants to joint a applicant, in connection with the registration of a trade mark, at the address of his principal place of business in India given by him in the application shall be deemed to be properly addressed.

18. ADDRESS FOR SERVICE. -

(1) An address for service in India shall be given, -

(a) By every applicant for registration of a trade mark who has no principal place of business in India;

(b) In the case of joint applicants for registration of a trade mark if none of them has a principal place of business in India;

(c) By the proprietor of a trade mark who had his principal place of business in India at the date of making the application for registration but has subsequently ceased to have such place; and

(d) By every applicant in any proceeding under the Act or the rules and every person filing a notice of opposition, who do not have a principal place of business in India.

(2) Any written communication addressed to a person as aforesaid at an address for service in India given by him shall be deemed to be properly addressed.

(3) Unless an address for service in India as required in sub-rule (1) is given, the Registrar shall be under no obligation to send any notice that may be required by the Act or the rules and no subsequent order or decision in the proceedings shall be called in question on the ground of any lack or non-service of notice.

19. ADDRESSES FOR SERVICE IN APPLICATION AND OPPOSITION PROCEEDINGS. -An applicant for registration of a trade mark or an opponent filing a notice of opposition may, notwithstanding that he has a principal place of business in India, if he so desires, furnish the Registrar with an address in India to which communications in relation to the application or opposition proceedings only may be sent. Such address of the applicant or the opponent shall be deemed, unless subsequently cancelled, to be the actual address of the applicant or the opponent, as the case may be, and all communications and documents in relation to the application or notice of opposition may be served by leaving them at, or sending them by post to such address of the applicant or the opponent, as the case may be.

20. NON-AVAILABILITY OF AN ADDRESS FOR SERVICE. - The Registrar may, at any time when a doubt arises as to the continued availability of an address for service in India entered in the register, request the person for whom it is entered, by letter directed to any other address entered in the register or if no such address is entered in the register to the address at which the Registrar considers that the letter would reach him, to confirm the address for service in India and if within three months of making such a request the Registrar receives no such confirmation, he may strike the entry in the register of the address for service in India and require such person to furnish a fresh address for service in India, or his address at the principal place of business in India, if he has any at that time.

21. AGENCY. -

(1) The authorisation of an agent for the purpose of Sec. 123 shall be executed in Form TM-48 or in such other written form as the Registrar may deem sufficient and proper.

(2) In the case of such authorisation, service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so authorising him; all communications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent, and all appearances before Registrar relating thereto may be made by or through such agent.

(3) In any particular case the Registrar may require the personal signature or presence of an applicant, opponent, proprietor, registered user or other person.

22. ciAssiFicATioN op GooDs. - For the purposes of the registration of trade marks and of the rules, goods shall be classified in the manner specified in Fourth Schedule.

23. PRELIMINARY ADVICE BY REGISTRAR AS TO DisTINcTivENEss. -An application for preliminary advice by the Registrar under sub-section (1) of Sec. 103 shall be made on Form TM-55 in respect of any goods comprised within any one class in Fourth Schedule accompanied by three representations of the trade mark.

24. REQUEST TO REGISTRAR FOR SEARCH. -

(1) Any person may request the Registrar, on Form TM-54, to cause a search to be made in respect of specified goods classified in any one class in the Fourth Schedule to ascertain whether any mark is on record, which resembles a trade mark of which three representations accompany the form. The Registrar shall cause such search to-be made and the result thereof communicated to file person making the request.

(2) If, within three months from the date of the communication of the result of the search aforesaid, an application is made for the registration of the trade mark in question, and the Registrar takes objection on the ground that the mark resembles a mark, which was not disclosed in the search but was on record ¹[on the last of the dates on which the search was made,] the applicant shall be entitled, on giving notice of withdrawal of the application within the period mentioned in rule 40, to have repaid to him any fee paid on the filing of the application.

²[(3) Any person may request the Registrar, on Form TM-60 to cause a search to be made and for issue of certificate under subsection (1) of Sec. 45 of the Copyright Act, 1957 (14 of 1957) to the effect that no trade mark identical with or deceptively similar to such artistic work, as sought to be registered as copyright under the Copyright Act, 1957 (14 of 1957) has been registered as a trade mark under the Trade and Merchandise Marks Act, 1958 (43 of 1958) in the name of, or that no application has been made under that Act for such re-registration by any person other than the applicant.]

1. Subs. by S.O. 397 dated 23^rd January, 1969.

2. Added by G.S.R. 287 (E), dated 12th May, 1990 (w.e.f. 12^th May, 1990).

CHAPTER II

PROCEDURE FOR REGISTRATION OF TRADE MARKS

Application for Registration of trade marks

25. FORM AND SIGNING OF APPLICATION. -

(1) An application to the Registrar for the registration of a trade mark shall be signed by the applicant or his agent.

(2) For a trade mark other than a certification or defensive trade mark, the application shall be made on Form TM- 1 ¹[* * *].

1. Omitted by S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

26. APPLICATION TO BE CONFINED TO ONE CLASS ETC.-

(1) Every application for the registration of a trade mark shall be in respect of goods comprised is one class only of Fourth Schedule:

¹[Provided that if any goods are not specified in any of the classifications, in such case the classification of those goods shall be determined by the Registrar in his own discretion.]

(2) In the case of an application for registration in respect of all the goods included in a class or of a large variety of goods in a class, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made or intends to make if and when it is registered.

(3) Applications for the registration of the same trade mark in different Classes shall be treated as separate and distinct applications, and in all case where a trade mark is registered under the same official number for goods in more than one class, whether on conversion of the specification under rule 105 or otherwise, the registration in respect of the goods included in each separate class shall be deemed to be a separate registration for all the purposes of the Act.

1. Ins. by G.S.R. 770 (E), dated 18^th September, 1992 (w.e.f. 18^th September, 1992).

27. STATEMENT OF usER In APPLicATioNs. -An application to register a trade mark shall, unless the trade mark is proposed to be used, contain a statement of the period during which, and the person by whom it has been used in respect of the goods mentioned in the application. The Registrar may require the applicant to file an affidavit testifying to such user with exhibits showing the mark as used.

28. REPRESENTATION OF MARK. -Every application for the registration of the trade mark, and where additional copies of the application are required every such copy, shall contain a representation of the mark in the space provided on the application form for that purpose. Where the representation exceeds such space in size, the representation shall be mounted upon linen, tracing cloth or such other material as the Registrar may consider suitable. Part of the mounting shall be affixed in the space aforesaid and the rest may be folded.

29. ADDiTioNAL REPREsENTATioNs. -Every application for the registration of a trade mark shall, except as hereinafter provided, be made in triplicate and shall be accompanied by ten additional representations of the mark. The representation of the mark on the application and each of its copies and the additional representations shall correspond exactly with one another. The additional representations shall in all cases be noted with the specification and class of goods for which registration is sought ¹[the name and address of the applicant together with the name and address of the agent, if any] the period of use, if any, and such other particulars as may from time to time be required by the Registrar and shall he signed by the applicant or his agent.

1. Subs. by S.O. 397, dated 23^rd January, 1969.

30. REPRESENTATIONS TO BE DURABLE AND SATISFACTORY. -

(1) All representation of trade marks shall be of a durable nature, and each additional representation required to be filed with an application for registration shall be mounted on a sheet of strong paper of the size of approximately (or 33 centimetres by 20 centimetres, leaving a margin of not less than (4 centimetres) on the left hand part of the sheet.

(2) If the Registrar is dissatisfied with any representation of a mark he may at any time require another representation satisfactory to him to be substituted before proceeding with the application.

31. SPECIMENS OF THE MARK IN EXCEPTIONAL CASES. -

(1) Where representation of a trade mark cannot be given in the manner set fourth in rule 30, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient.

(2) The Registrar may also in exceptional cases deposit in the Trade Marks Registry a specimen or copy of any trade mark which cannot conveniently be shown by a representation and may refer thereto in the register in such manner as he may think fit.

32. sERiEs oF TRADE mARKs. -Where an application is made for the registration of a series of trade marks under sub-section (3) of Sec. 15, copies of the representation of each trade mark of the series shall accompany the application in the manner set forth in rules 28 and 29.

33. TRANSLITERATIONS AND TRANSI.ATION. -

(1) Where a trade mark contains a word or words in characters ¹[other than [Devanagri or Roman], there shall, unless the Registrar otherwise directs, be endorsed on the application form and copies thereof and on each of the accompanying representations, a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent.]

(2) Where a trade mark contains a word or words in language ¹[other than Hindi or English], the Registrar may ask for an exact translation there of together with the name of the language, and such translation and name, if he so requires, shall be endorsed and signed as aforesaid.

1. Subs. by S.O. 5189, dated 9^th November, 1971 (w.e.f 1^st January, 1972).

34. NAMES AND REPRESENTATION OF LIVING PERSONS OR PERSONS RECENTLY DEAD. -Where the name or representation of any person appears on a trade mark the applicant shall, if the Registrar so requires, furnish him with the consent in writing of such person in case he is living or, in case his death took place within twenty years prior to the date of the application for registration of the trade mark, of his legal representative, as the case may be, to the use of the name or representation and in default of such consent the Registrar may refuse to proceed with the application for registration of the mark.

35. NAME OR DESCRIPTION OF GOODS ON A MARK. -

(1) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.

(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods on the applicant giving an undertaking that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods. The undertaking so given shall be included in the advertisement of the application in the Journal under See. 20.

36. APPLICATIONS UNDER REcipRocAL ARRANGEMENTs. -Every application claiming priority under See. 131 by reason of an application to register the trade mark having been made convention country, so declared under sub-section (1) of Sec. 13 1, which country shall be named, shall state the date of that application and the applicant shall furnish a certificate by the Registrar or other registering authority of that country or shall otherwise verify the application made therein to the satisfaction of the Registrar.

PROCEDURE ON RECEIPT OF APPLICATION FOR

REGISTRATION OF A TRADE MARK

37. ACKNOWLEDGEMENTS OR REcEipT of APPLicATioNs. -Every application for the registration of a trade mark in respect of any goods shall, on receipt, be acknowledged by the Registrar. The acknowledgement shall be by way of return of one of the additional representations of the trade mark filed by the applicant along with his application with the official number of the application duly entered thereon.

38. SEARCH.- Upon receipt of an application for the registration of a trade mark in respect of any goods the Registrar shall cause a search to be made amongst the registered trade marks and amongst the pending applications for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with or deceptively similar to the mark sought to be registered and the Registrar may cause the search to be renewed at any time before the acceptance of the application but shall not be bound to do so.

39. OBJECTION TO ACCEPTANCE, HEARING. -

(1) If, on consideration of the application, of any evidence of use or of distinctiveness or of any other matter which the applicants may or may be required to furnish, the Registrar has any objection to the acceptance of the application or proposes to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose, the Registrar shall communicate such objection or proposal in writing to the applicant.

(2) If within three months from the date of the communication mentioned in sub-rule (1), the applicant does not amend his application according to the proposal aforesaid, or submit his observations to the Registrar or apply for a hearing, the application shall be deemed to have been abandoned.

40. NOTICE OF WITBDRAWAL OF APPLICATION FOR REGISTRATION. -A notice of withdrawal of an application for the registration of a trade mark under sub-section (2) of See. 103, or sub-rule (2) of rule 24, for the purpose of obtaining repayment of any fee paid on the filing of the application, shall be given in writing within three months from the date of the communication mentioned in sub-rule (1) of rue 39.

41. DECISION OF REGISTRAR. -

(1) The decision of the Registrar under rule 39 or rule 44 after a hearing or without a hearing if the applicant has duly communicated his observations in writing and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the applicant intends to appeal from such decision he may within one month from the date of such communication apply on Form TM- 15 to the Registrar requiring him to state in writing the grounds of, and materials used by him in arriving at, his decision.

(2) In case where the Registrar makes any requirements to which the -applicant does not object, the applicant shall comply therewith before the Registrar issues a statement in writing tinder sub-rule (1).

(3) The date when the statement in writing under sub-rule (1) is sent shall be deemed to be the date of the Registrar’s decision for the purpose of appeal.

42. DISCLAIMER. -The Registrar may require an applicant as a condition of acceptance of his application to agree to such disclaimer as the Registrar may think fit and the disclaimer so agreed to shall be indicated in the advertisement of the application in the Journal under sub-sections (1) or (2) of See. 20 in order that the public generally may understand what the applicant’s rights, if his trade mark is registered, will be.

43. CORRECTIONS AND AMENDMENT OF APPLICATION. -An applicant for registration of a trade mark, may, whether before or after acceptance of his application but before the registration of the mark, apply on Form TM-16 accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application.

44. WITBDRAWAL OF ACCEPTANCE BY THE REGISTRAR. -

(1) If, after the acceptance of an application but before the registration of the trade mark, the Registrar has any objection to the acceptance of the application on the ground that it was accepted in error, or that the mark ought not to have in the circumstances of the case, or proposes that the marks should be registered only subject to conditions or limitations, or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar shall communicate such objection in writing to the applicant.

(2) Unless within two months from the date of the communication mentioned in sub-rule (1) the applicant amends his application to comply with the requirements of the Registrar or applies for a hearing, the acceptance of the application shall be deemed to be withdrawn by the Registrar, and the application shall proceed as if it has not been accepted.

(3) Where the applicant intimates the Registrar within the period mentioned in sub-rule (2) that he desires to be heard, the Registrar shall give notice to the applicant of a date when he will hear him. Such appointment shall be for a date at least 15 days after the date of the notice, unless the applicant consents to a shorter notice. The applicant may state that he does not desire to be heard and submit such submissions, as he may consider desirable.

(4) The registrar may, after hearing the, applicant, or considering the submissions, if any, of the applicant, pass such orders as he may deem fit.

45. APPLICATION FOR REGISTRATION OF A DEFENSIVE TRADE MARK. -An application for the registration of a defensive trade mark under See. 47 shall be made on Form TM – 3 and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by an affidavit made by the applicant. The applicant may send, with this affidavit or subsequently, such other evidence as he may desire to furnish, and the Registrar shall consider the whole of the evidence before deciding the application. In all other respects and where they are appropriate and it is not otherwise stated, the rules shall apply to such application as they apply to applications for the registration of ordinary trade marks.

ADVERTISEMENT OF APPLICATION

46. MANNER OF ADVERTISEMENT. -An application for the registration of a trade mark required or permitted to be advertised by sub-section (1) of Sec.20 or to be re-advertised by such sub-section (2) of that section shall be advertised in the Journal during such times and in such manner as the Registrar may direct. If no representation of the trade mark be included in the advertisement of the application, the Registrar shall mention in such advertisement the place or places where a specimen or representation of the trade mark may be inspected.

47. FEES AND PRINTING BLOCK. -For the purposes of advertisement or re-advertisement in the Journal as mentioned in rule 46 the applicant shall pay ¹[for excess space, if any] the prescribed fee and may be required to supply a printing block (or more than one, if necessary) or the trade mark satisfactory to the Registrar of such dimensions as may from time to time be approved or directed by the Registrar, or shall supply such information or other means of advertising the trade mark as may be required by the Registrar, and the Registrar, if dissatisfied with the printing block supplied by the applicant or his agent, may require a fresh block before proceeding with the advertisement or re-advertisement, as the case may be:

²[* * * * * * * * ]

1. Ins. by S.O. 171 (E), dated Ist March, 1985 (w.e.f. 1^st March, 1985).

2. Omitted by ibid…..

48. ADVERTISEMENT oF sERIEs. -Where an application of trade marks differing from one- another in respect of the particulars mentioned in sub-section (3) of See. 15, the applicant may be required to supply a printing block (or more than one, if necessary) satisfactory to the Registrar of any or each of the trade marks constituting the series; or that Registrar may, if he thinks fit, insert with the advertisement of the application, a statement of the manner in which the several trade marks differ from one another.

49. NoTiFiCATION OF CORRECTION OR AMENDMENT OF APPLICATION. -

(1) In the case of an application to which Cl. (b) of sub-section (2) of Sec. 20 applies, the Registrar may, if he so decides, instead of causing the application to be advertised again, insert in the Journal a notification setting on the number of the application, the class in which it was made, the name and address of the principal place of business in India, if any, of the applicant or where the applicant has no principal place of business in India his address for service in India, the number of the Journal in which it was advertised and the correction or amendment made in the application.

(2) If the amendment aforesaid involves an amendment of the trade mark, the Registrar may, for the purpose of the notification, call on the applicant to supply to printing block of the mark as amended satisfactory to the Registrar.

50. REGUEST TO REGISTRAR FOR PARTICULARS OF ADVERTISEMENT OF A MARK. -Any person may request the Registrar on Form TM-58 to be informed of the number, date and page of the Journal in which a trade mark specified in the form was advertised and the Registrar shall furnish such particular, to the person making the request.

OPPOSITION TO REGISTRATION

51. NOTICE OF opPosiTION. -

(1) A notice of opposition to the registrar of a trade mark under sub-section (1) of Sec. 21 shall be given in triplicate on Form TM-5 within three months from the date of the advertisement or re-advertisement, as the case may be, of the application for registration in the Journal. The notice shall include a statement of the grounds upon which the opponent objects to the registration. If the registration is opposed on the ground that the trade mark in question resembles marks already on register, the registration numbers of such trade marks and the dates of Journals in which they have been advertised shall be set out.

(2) An application for an extension of the period within which a notice of opposition to the registration of a trade mark may be given, shall be made on Form TM-44 accompanied by the prescribed fee. Such period of extension shall not exceed one month in the aggregate.

¹[(3) * * *]

1. Omitted by S.O. 397, 23^rd January, 1969.

52. couNTER-sTATEmENT. -The counter-statement required by sub-section (2) of See. 21 shall be sent in triplicate on Form TM-6 within two months from the receipt by the applicant of the copy of the notice of opposition and shall set out what facts, if any, alleged in the notice of opposition, are admitted by the applicant. A copy of the counter-statement shall be served by the Registrar on the persons giving notice of opposition.

53. EVIDENCE IN SUPPORT OF OPPOSITION. -

(1) Within two months from the service on him of a copy of the counter-statement by the Registrar, the opponent shall either leave with the Registrar such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence that he leaves with the Registrar under this sub-rule.

(2) If an opponent takes no action under sub-rule (1) within the time therein prescribed, he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition.

54. EVIDENCE IN SUPPORT oF Application. -Within two months from the receipt by the applicant of the copies of affidavits in support of the opposition or of the intimation that the opponent does not desire to adduce any evidence in support of its opposition, the applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent copies thereof or shall intimate to the Registrar and the opponent that he does not desire to adduce any evidence but intends, to rely oh the facts stated in the counter statement and or on the evidence already left by him in connection with the application in question. In case the applicant relies on any evidence already left by him in connection with the application, he shall deliver to the opponent copies thereof.

55. EVIDENCE IN REPLY BY OPPONENT. -Within one month from the receipt by the opponent of the copies of the applicant’s affidavits, the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies thereof. This evidence shall be confined to matters strictly in reply.

56. FURTHER EVIDENCE. -No further evidence shall be left on either side; but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such ten-ns as to costs or otherwise as he may think fit.

57. EXHIBITS. -Where there are exhibits to affidavits filed in an opposition a copy or impression of each exhibit shall be sent to the other party on his request and at his expense, or, if such copies or impressions cannot conveniently be furnished the originals shall be left with the Registrar in order that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.

58. TRANsLATioN Of DocumENTs. -Where a document in a language other than ¹[Hindi or English referred to in the notice of opposition, counter-statement or an affidavit filed in an opposition, an attested translation thereof in [Hindi or English] shall be furnished in duplicate.

1. Subs. by S.O. 5189; dated 9^th November, 1971 (w.e.f. 1^st November, 1972).

59. HEARING AND DECISION. -

(1) Upon completion of the evidence (if any), the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such appointment shall be for a date at least one month after the date of the notice, unless the parties consent to a shorter notice. Within fourteen days from the receipt of the notice, any party who intends to appear shall so notify the Registrar on Form TM-7. Any party who does not so notify the Registrar within the time last aforesaid may be treated as not desiring to be heard and the Registrar may act accordingly.

(2) The decision of the Registrar shall be notified to the parties in writing.

60. sEcuRiTy FoR cosTs. -The security for costs which the Registrar may require under sub-section (6) of See. 21 may be fixed at any amount, which he may consider proper; and such amount may be further enhanced by him at any stage in the opposition proceedings.

NOTICE OF NON-COMPLETION OF REGISTRATION

61. PROCESURE FOR GIVING NOTICE. -The notice, which the Registrar is required by sub-section (3) of See. 23 to give to an applicant shall be sent on Form 0-1 to the applicant at the address of his principal place of business in India or if he has no principal place of business in India at the address for service in India stated in the application but if the applicant has authorised an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant. The notice shall specify twenty-one days’ time from the date thereof or such further time as the Registrar may allow, for completion of the registration.

REGISTRATION

62. ENTRY IN THE REGISTER. -

(1) As soon as may be after the expiration of three months from the date of the advertisement or re-advertisement, as the case may be, in the Journal of any application for the registration of trade mark, the Registrar shall, subject to the provisions of sub-section (1) of Sec. 23 ¹[* * *], enter the trade mark in the register.

(2) The entry of a trade mark in the register shall specify the date of the registration, the goods in respect of which it is registered, and all particulars required by sub-section (1) of Sec. 6 including-

(a) The address of the principal place of business in India, if any, of the proprietor of the trade mark or in the case of a jointly owned trade mark, of such of the joint proprietors of the trade mark as have a principal place of business in India;

(b) Where the proprietor of the trade mark has no place of business in India his address for service in India as entered in the application for registration together with his address in his home country;

(c) In the case of a jointly owned trade mark, where none of the joint proprietors has a principal place of business in India, the address for service in India as given in the application together with the address of each of the joint proprietors in his home country;

(d) Particulars of the trade, business, profession, occupation or other description of the proprietor or, in the case of a jointly owned trade mark, of the joint proprietors of the trade mark as entered in the application for registration.,

(e) Particulars affecting the scope of the registration or the rights conferred by the registration; and

(f) The appropriate office of the Trade Marks Registry in relation to the trade mark.

1. Omitted by S.O. 171 (E), dated lst March, 1985 (w.e.f. 1^st March, 1985).

63. ASSOCIATED MARKS. -

(1) Where a trade mark, is registered as associated with any other marks, the Registrar shall note in the register in connection with the first-mentioned mark the registration numbers of the marks with which it is associated and shall also note in the register in connection with each of the associated marks the registration number of the first-mentioned mark as being a mark associated therewith.

(2) An application under sub-section (4) of Sec. 16 to dissolve the association as respects any of the trade marks registered as associated trade marks shall be made on Form TM- 14 and shall include a statement of the grounds of the application.

64. DEATH OF APPLICANT BEFORE REGISTRATION. -In case of death of any applicant for the registration of a trade mark after the date of his application and before the trade mark has been enter in the register, the Registrar may on proof of the applicant’s death and on proof of the transmission of the interest of the deceased person, substitute in the application his successor in interest in place of the name of such deceased applicant and the application may proceed thereafter as so amended.

65. CERTIFICATE OF REGISTRATION. -

(1) The certificate of registration of a trade mark to be issued by the Registrar under sub-section (2) of Sec. 23 shall be on Form 0-2 with such modification as the circumstances of any case may require: and the Registrar shall annex a copy of the trade mark to the certificate.

(2) The certificate of registration referred to in sub-rule (1) shall not be used in legal proceedings or for obtaining registration abroad.

(3) The Registrar may issue a duplicate or further copies of the certificate of registration on request by the registered proprietor on Form TM-59 accompanied by the prescribed fee. An un-mounted representation of the mark exactly as shown in the form of application for registration thereof at the time of registration shall accompany such request in cast, a printing block had been furnished for the advertisement of such application.

CHAPTER III

RENEWAL OF REGISTRATION AND RESTORATION

66. RENEWAL oF REGisTRATioN. -An application for the renewal of the registration of a trade mark shall be made on Form TM- 12 and may be made at any time not more than six months before the expiration of the last registration of the trade mark.

67. NOTICES BEFORE REMOVAL OF TRADE FROM REGISTER. -At a date not less than one month and not more than two months before the expiration of the last registration of a trade mark, if no application on Form M- 12 for renewal of the registration together with the prescribed fee has been received, the Registrar shall notify the registered proprietor or in the case of a jointly registered trade mark each of the joint registered proprietors and each registered user, if anv, in writing, on Form 0-3 of the approaching expiration at the address of their respective principal place of business in India as entered in the register or where such registered proprietor or registered user has no principal place of business in India at his address for service in India entered in the register.

68. ADVERTISEMENT OF REMOVAL OF TRADE MARK FROM THE REGISTER. –If at the expiration of the last registration of a trade mark the renewal Ice has not been paid the Registrar may remove the trade mark from the register and advertise the fact forthwith in the Journal.

69. RESTORATION AND RENEWAL OF REGISTRATION. -An application for the restoration of a trade mark to the registrar and renewal of its registration under sub-section (4) of See. 25, shall be made on Form TM- 13, within one year from the expiration of the last registration of the trade mark accompanied by the prescribed fee.

70. NOTICES AND ADVERTISEIWENT OF RENEWAL AND RESTORATION. -Upon the renewal or restoration, and renewal of registration, a notice to that effect shall be sent to the registered proprietor and every registered user and the renewal or restoration and renewal shall be advertised in the Journal.

CHAPTER IV

ASSIGNMENT AND TRANSMISSION

71. APPLICATION FOR ENTRY OF ASSIGNMENT OR TRANMISSION. –An application to register the title of a person who becomes entitled by assignment or transmission to a registered trade mark shall be made on Forms TM-24 or TM-23 according as it is made by such person alone or conjointly with the registered proprietor.

72. PARTICUIARS TO BE STATED IN APPLICATION. -An application under rule 71 shall contain full particulars of the instrument, if any, under which the applicant or in the case of a joint application, the person other than the registered proprietor claims to be entitled to the trade mark: and such instrument or a duly certified copy thereof shall be produced at the Trade Mark Registry for inspection at the time of application. The Registrar may require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.

73. CASE ACCOMPANYING APPLicATioN. -Where a person applying under rule 71 for registration of his title, does not establish his claim under anv document or instrument which is capable in itself of furnishing proof of his title he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmittal to him. If the Registrar so requires, the case shall be verified by an affidavit on Form TM- 18.

74. Proof oF TiTLE. -The Registrar may call upon any person who applies to be registered as proprietor of a registered trade mark to furnish such proof or additional proof of title as he may require for his satisfaction.

75. IMPOUNDING OF INSTRUMENTS. -If in the opinion of the Registrar any instrument produced in proof of title of a person is not properly or sufficiently stamped, the Registrar shall impound and deal with it in the manner provided by Chapter IV of the Indian Stamp Act, 1899.

76. ASSIGNMENTS INVOLVING TRANSMISSION OF MONEY OUTSIDE INDIA. -There is in force any law regulating the transmission of moneys outside India, the Registrar shall not register the title of a person who becomes entitled to a trade mark by an assignment which involves such transmission except on production of the permission of the authority specified in such law for such transmission.

77. APPLICATION FOR REGISTRAR’S DIRECTION AS TO ADVERTISEMENT OF AN ASSIGNMENT OF A TRADE MARK WITHOUT GOODWILL OF THE BUSINESS. -

(1) An application for directions under Sec. 41 shall be made on Form TM-20 and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trade mark, and in the case of an unregistered mark shall show the mark and give particulars including user of the registered as well as of the unregistered trade mark that has been assigned therewith in accordance with sub-section (2) of Sec. 38. The Registrar may call for any evidence or further information and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement, of the assignment.

(2) The Registrar may refuse to consider such an application in a case to which See. 40 applies, unless his approval has been obtained under the said section and a reference identifying the Registrar’s notification of approval is included in the application.

(3) A request for an extension of the period within which the application mentioned in sub-rule (1) may be made shall be on Form TM-21.

78. APPLICATION FOR ENTRY OF ASSIGNMENT wiTHOuT GooD wiLL. -An application under rule 71 relating to an assignment of a trade mark in respect of any goods shall state-

(a) Whether the trade mark had been or was used in the business in any of those goods; and

(b) Whether the assignment was made otherwise than in connection with the goodwill of that business;

And if both those circumstances subsisted, then the applicant shall leave at the Trade Marks Registry a copy of the directions to advertise the assignment, obtained upon application under rule 77, and such proof, including copies of advertisements or otherwise, as the Registrar may require, to show that his directions have been fulfilled and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.

79. SEPARATE REGisTRATioNs. -Where pursuant to an application under rule 71, and as the result of a division and separation of the goods of a registration or a division and separation of places or markets, different persons become registered separately under the same registration number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act.

80. REGISTRAR’S CERTIFICATE OR APPROVAL AS TO CERTAIN ASSIGNMENTS AND TRANSMISSIONS. -Any person who desires to obtain the Registrar’s certificate under sub-section (2) of Sec. 39 or his notification of approval under Sec. 40 shall send to the Registrar with his application on Form TM- 17 or Form TM- 19, as the case may be, a statement of case in duplicate setting out the circumstances and a copy of any instrument or Purposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary and the statement of case shall be amended if required to include all the relevant circumstances and shall, if required, be verified by ail affidavit. The Registrar, after hearing (if so required) the applicant and any other person whom the Registrar may consider to be interested ill the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be, to the applicant and shall also inform such other person accordingly. Where a statement of case is amended, three copies thereof in its final form shall be left at tile Trade Marks Registry. The Registrar shall seal a copy of the statement of case in its final form to the certificate of notification.

81. REGISTRATION OF ASSIGNMENT TO COMPANY UNDER SEC. 45. -For the purposes of subsection (3) of See. 45, the period within which a company may be registered as the subsequent proprietor of a registered trade mark upon application made under rule 71 shall be six months from the date of advertisement in the Journal of the registration of the trade mark or such further period not exceeding six months as the Registrar may allow on application being made on Form TM-25 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.

CHAPTER V

REGISTERED USERS

82. APPLICATION FOR REGISTRATION AS REGISTERED USER. -

(1) An application to the Registrar for the registration under Sec. 49 of a person as a registered user of a registered trade mark shall be made jointly by that person and the registered proprietor of the trade mark on Form TM-28 and shall be accompanied by the following documents, -

(a) The agreement in writing or a duly authenticated copy thereof entered into between the registered proprietor and the proposed registered use with respect to the permitted use of the trade mark;

(b) The documents and correspondence, if any, mentioned in the agreement referred to in Cl. (a) or duly authenticated copies thereof.

(c) Agreement, if any, or duly authenticated copies thereof, entered into between the registered proprietor and the proposed registered user requiring the proposed registered user to purchase from the registered proprietor or his nominees or prohibiting him from purchasing except from the registered proprietor or his nominees, ally materials whether for the purpose of manufacturing the goods in respect of which the use of the trade mark is to be permitted or otherwise, or containing or providing for any conditions as regards the price at which such goods should be sold or the maintenance of particular prices for such goods.

¹[(d) * * * *]

²[(e) * * * *]

(2) There shall also be filed along with the application an affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf testifying to the genuineness of the documents accompanying the application and containing, -

(a) The particulars and statements required by Cl. (ii) of sub-section (1) of Sec. 49;

(b) The precise relationship between the registered proprietor and the proposed registered user, if any: for instance, whether their relationship is as managing agent and managed company or as principal and subsidiary company of whether there is common control between their business;

(c) A statement as to the goods in which the registered proprietor is dealing, together with details as to whether the trade mark which is the subject of application has been used by him in the course of trade before the date of the application and if so the amount and duration of such user;

³[(d) A statement as to whether the registered proprietor had acquired title to the trade mark by way of assignment arid, if so whether he had acquired any other trade marks by the same assignment and how he had dealt with such other marks]:

⁴[(e) A statement as to whether the registered proprietor had, before the date of the application for registration as registered user, allowed the use of trade mark by any person and if so by whom]; and

(f) A statement whether or not the proposed permitted use is intended solely is relation to goods for export from India.

(3) The registered proprietor and the proposed registered user shall also produce and file such other documents and furnish such other evidence and information as may be required in that behalf by the Registrar.

(4) No application shall be entertained unless the same has been filed within ⁵[Eighteen] months from the date of the agreement referred to in Cl. (a) of sub-rule (1).

⁶[(5) Notwithstanding anything contained in sub-rule (1), where more than one application for registration as registered user is made by the same registered proprietor and the same proposed registered user in respect of trade marks covered by the same agreement, the documents mentioned in sub-rule (1) may be filed with any one of the applications and a cross reference to such documents given in the other application or applications.]

1. Omitted by S.O. 397, dated 23^rd January, 1969.

2. Omitted by S.O. 534, dated 25^th February, 1963.

3. Subs. by S.O. 534, dated 25^th February, 1963.

4. Ibid..

5. Subs, by S.O. 397, dated, 23^rd January, 1969.

6. Ins. by S.O. 534, dated 25^th February, 1963.

83. PARTICULARS TO BE STATED IN THE AGREEMENT. -The agreement referred to in Cl. (a) of sub- rule (1) of the last foregoing rule shall -

(a) Set out the particulars specified in sub-clauses (a) to (d) of Cl. (ii) of sub-section (1) of See. 49;

(b) Disclose the terms as to royalty and other remuneration payable to the registered proprietor by the proposed registered user for the permitted user of the trade mark.

(c) Provide means for bringing the permitted use to an end when the relationship between the parties or the control by the registered proprietor over the permitted user ceases,

¹[(d) Contain a condition that when the registered trade mark is used by the proposed user in relation to his goods other than goods for export, the mark should be so described as clearly to indicate that it is being used only by way of permitted use.]

1. Subs. by S.O. 397 dated 23^rd January, 1969.

84. REFUSAL TO FORWARD RFGISTRAR AN APPLICATION FOR NON-COMPLIANCE WITH TRE RULES. -

(1) No application for registration shall be forwarded by the Registrar to the Central Government unless the requirements of rules 82 and 83 are complied with.

(2) Where the Registrar refuses to forward the application he shall inform the applicants in writing his reason therefor.

85. CONSIDERATION BY THE CENTRAL GovERNmENT. -The Central Government, on receipt of an application for registration as registered user forwarded to it by the Registrar under sub-section (2) of See. 49, shall, if satisfied that the application and the accompanying documents comply with the provisions of this Act and the rules, consider, whether the application should be allowed having regard to the matter specified in sub-section (3) of that section, and in doing so may take into account all or any of the following matters, -

(1) Whether the permitted use if allowed would contravene the policy of the act, which is to prevent trafficking in trade marks;

(2) Whether the registered proprietor has registered the trade mark without any bonafide intention to use it in relation to his goods in the course of trade or solely or mainly for the purpose of permitting others to use it under agreement for registered user; and

(3) Whether the registered proprietor has acquired title to the trade mark by assignment without any bona fide intention to use it in relation to his goods in the course of trade or solely or mainly for the purpose of permitting others to use it under agreements for registered user.

Explanation I. - For considering the bonafides of the registration of the trade mark under Cl. (2) regard shall be had inter alia to –

(a) Whether the goods for which the trade mark is registered are similar to or are different from the goods in which the registered proprietor has been trading or dealing before the registration of the mark;

(b) Whether the registered proprietor has ever used the mark in question in relation to his goods in the course of trade before the date of the agreement for registered user, and if so, the amount and duration of such user; and

(c) Whether the terms as to royalty and other remuneration payable by the proposed registered user are reasonable taking into account the expenses, which the registered proprietor is likely to incur in exercising control over the permitted use.

Explanation II. -For considering the bonafides of the acquisition of title under Cl. (3) regard shall be had, besides the matters set out in Explanation I, to the following further matter, namely, whether the registered proprietor has obtained assignment of the other registered trade marks and if so, whether he has dealt with such other marks by way to assignment of registered user.

86. HEARING BEFORE ISSUING DIRECTION TO REFUSE AN APPLICATION OR TO ACCEPT IT CONDITIONALLY. -

(1) Before the Central Government decides to direct the Registrar to refuse an application for registration as registered user or to accept the application subject to any conditions, restrictions or limitations, it shall give notice thereof in writing to the applicants through the Registrar. The notice shall state, the grounds on which the Central Government proposes to issue such direction and shall inform the applicants that they are entitled to be heard.

(2) Unless within two months from the receipt of the notice mentioned in sub-rule (1) the registered proprietor and the proposed registered user apply for a hearing, the Central Government may direct the Registrar to refuse the application or to accept it conditionally, as the case may be.

(3) If the registered proprietor and the proposed registered user apply for a hearing, the Central Government shall appoint a time for the, hearing and shall give them not less than a month notice of the time so appointed.

(4) After hearing the registered proprietor arid the proposed registered user, the Central Government, shall decide whether to give direction to the Registrar to accept the application or to refuse it or to accept it conditionally.

(5) The Registrar shall, on receipt of the directions of’ the Central Government, communicate in writing his order on the application to the applicants and to other registered users of the i-nark, if any.

87. ENTRY iN THE REGisTER. -

(1) Where the Central Government directs the Registrar under sub-section (3) of Sec. 49 to accept an application for registration as registered user, the Registrar shall register the proposed registered user as registered user in accordance with such directions.

(2) The entry of a registered user in the register shall state the date on which the application for registration of registered user was made, which date shall be deemed to be the date of registration as registered user of the person mentioned in the entry. The entry shall also state, in addition to the particulars and statements mentioned in Cl. (ii) of sub-section (1) of Sec. 49, the names, description and principal place of business in India of the registered user and if he does not carry on business in India his address for ser-vice in India.

¹[87-A.REGISTRATION NOT TO IMPLY AUTHORISATION TO TRANSMIT MONEY OUTSIDE INDIA. -The registration as registered user of a trade mark, shall not be deemed to imply an approval of the agreement insofar as it relates to the transmission of any moneys, as consideration for the use of the said trade mark to any place outside India.

1. Ins. By S.O. 534, dated 25^th February, 1963.

88. NOTLFICATION OF REGISTRATION AS REGisTERED USER. -A notification in writing of the registration of a registered user shall be sent by the Registrar to the registered proprietor of the trade mark, to the registered user and to every other registered user whose name is entered in relation to the same trade mark and shall also be inserted in the Journal.

89. REGISTERED PROPRIETOR’S APPLICATION TO VARY ENTRY. -An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under Cl. (a) of sub-section (1) of See. 52 shall be made on Form TM-29 and shall be accompanied by the statement of the grounds on which it is made, and where the registered user in question consents, by the written consent of the registered user.

90. CANCELAION OF THE REGISTRATION OF REGISTERED USER. -

(1) An application for the cancellation of the registration of a registered user under Cl. (b) or Cl. (c) or Cl. (d) of sub -section (1) of Sec. 52 shall be made on Form TM-30 or Form TM-31, as the case may be, and shall be accompanied by a statement of the grounds on which it is made.

(2) In case of registration of a registered user for a period, in accordance with sub-clause (d) of Cl. (ii) of sub-section (1) of Sec. 49, the Registrar shall cancel the entry of the registered user at the end of that or all of the goods are omitted from those in respect of which a trade mark is registered, the Registrar shall at the same time omit them from those specifications of registered users of the trade mark in which they are comprised. The Registrar shall not every cancellation or omission under this sub-rule to the registered users whose permitted use is affected thereby and to the registered proprietor of the trade mark.

(3) The Registrar shall also cancel every registration made before the commencement of the Act of a registered user after the expiration of three years from such commencement.

91. POWER OF THE REGISTRAR TO REQUIRE INFORKATION FOR ENFORCING quALiTy coNTRoL. -

(1) The Registrar may at any time or from time to time require the registered proprietor or the registered user of a trade mark to furnish him with such information as he may require for satisfying himself that the stipulations in the agreement between the registered proprietor and the registered user, regarding the quality of the goods in relation to which the trade mark is to be used are being enforced or being complied with.

(2) Where any such information as is referred to in sub-rule (1) is not furnished within the time allowed by the Registrar, the Registrar may presume that the stipulation in the agreement regarding the quality of goods is not being enforced, or is not being complied with.

92. PROCEDURE ON APPLICATION

(1) The Registrar shall notify in writing applications under Sec. 52 to the registered proprietor and each registered user (not being the applicant in either case) of the trade mark.

(2) Any person notified under sub-rule (1) who intends to intervene in the proceedings, shall within one month of the receipt of such notification give notice to the Registrar on Form TM-32 to the effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon serve or cause to be served copies of such notice and statement on the other parties, namely, the applicant, the registered proprietor, the registered user whose registration is the subject-matter of the proceeding in question and any other registered user who intervenes.

(3) In the case of any application made under Cl. (b) of sub-section (1) of Sec. 52 or under sub-clause (i) of Cl. (c) or under Cl. (d) of that sub-section, the applicant and any person notified under sub-rule (1) may, within such time or times as the Registrar may appoint, lead evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard, may accept or refuse the applications or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose and shall inform the parties in writing accordingly.

(4) In the case of an application for varying any registration under Cl. (a) of sub-section (1) of Sec. 52 or cancelling any registration on any of the grounds mentioned in sub-clause (ii) or sub-clause (iii) or sub- clause (iv) of Cl. (c) of that sub-section, the Registrar shall forward such application together with any notice on Form TM-32 and statement of case filed under sub-rule (2) to the Central Government and shall dispose of the application as directed by the Central Government and also inform the parties in writing accordingly.

93. REGISTERED USER’S APPLICATION UNDER SEC. 57 (2).-Application under sub-section (2) of See. 57 shall be made on Form TM- 16 or Form TM-33 or Form TM-34 or Form TM-50 as may be appropriate by a trade mark or by such person as may satisfy the Registrar that he is entitled to act in the name of a registered user; and the Registrar may require such evidence by affidavit or otherwise as he may think fit as to the circumstances in which the application is made.

CHAPTER VI

RECTIFICATION AND CORRECTION OF REGISTER

ALTERATION OF RECTIFICATION OF REGISTER

94. APPLICATION TO RECTIFY OR REMOVE A TRADE FROM THE REGISTER.-An application to the Registrar under Sees. 46, 47 (4) or 56 for the making, expunging or varying of any entry relating to a trade mark in the register shall be made in duplicate on Form TM-26 and shall be accompanied by a statement in duplicate setting out fully the nature of the applicant’s interest, the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the trademark in question, the application and the statement aforesaid shall be left at the Trade Marks Registry in triplicate. In case there are registered user, such application and statements shall be accompanied by as many copies thereof as there are registered users. A copy each of the application and statement shall be transmitted forthwith by the Registrar to the registered proprietor and to each of the registered users and to any other person who appears from the register to have an interest in the trade mark.

95. FURTHER PROCEDURE.-Within two months from the receipt by a registered proprietor of the copy of the application mentioned in rule 94 he shall send to the Registrar on Form TM-6 a counter-statement in triplicate of the grounds on which the application is contested and if he does so the Registrar shall serve a copy of the counter-statement on the person making the application. The provisions of rules 53 to 60 shall thereafter apply mutatis mutandis to the further proceedings on the application. The Registrar shall not, however, rectify the register or remove,, the mark from the register merely because the registered proprietor has not filed a counterstatement. In any case of doubt any party may apply to the Registrar for directions.

96. INTERVENTION BY THIRD PARTIES.-Any person, other than the registered proprietor, alleging interest in a registered trade mark in respect of which an application is made under rule 94 may apply on Form TM-27 for leave to intervene, stating the nature of his interest, and the Registrar may refuse or grant such leave after hearing (if so required) the parties concerned upon such conditions and terms including undertakings or conditions as to security for cost as he may deem fit to impose.

97. RECTIFICATION OF THE REGISTER BY THE REGISTR OF HIS OWN MOTIO.-

(1) The notice, which the Registrar is required to give under sub-section (4) of See. 56, shall be sent in writing to the registered proprietor, to each registered user, if any, and to any other person who appears from the register to have any interest in the trade mark, and shall state the grounds on which the Registrar proposes to rectify the register and shall also specify the time, not being less than one month from the date of such notice, within which an application for a hearing shall be made.

(2) Unless within the times specified in the aforesaid, any person so notified sends to the Registrar a statement in writing setting out fully the facts upon which he relies to meet the grounds stated in the notice or applies for a hearing, he may be treated as not desiring to take part in the proceedings and the Registrar may act accordingly.

(3) If the Registrar decides to rectify the register he shall communicate his decision in writing to the registered proprietor and to each registered user, if any.

ALTERATION OF ADDRESS

98. ALTERATION OF ADDRESS IN REGISTER. -

(1) A registered proprietor or a registered user of a trade mark, the address or whose principal place of business in India or whose address in his home country, as the case may be, is changed so that the entry in the register is rendered incorrect, shall forthwith request the Registrar on Form TM-34 to make the appropriate alteration of the address in the register, and Registrar shall alter the register accordingly if he is satisfied in the matter.

(2) A registered proprietor or a registered user of a trade mark, whose address for service in India entered in the register if changed, whether by discontinuance of the entered address or otherwise, so that entry in the register is rendered incorrect, shall forthwith request the Registrar on Form TM-50 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter.

(3) A registered proprietor or a registered user of a trade mark the address of whose principal place of business in India ¹[* * *] or whose address for service in India is altered by a public authority, so that the changed address designates the same premises as entered in the register, may make the aforesaid request to the Registrar on Forms TM-34 orTM-50, as the case may be, and if he does so he shall leave therewith a certificate of the alteration given by the said authority. If the Registrar is satisfied as to the facts of the case he shall alter the register accordingly but shall not require any fees to be paid on the forms, notwithstanding the provisions of sub-rule (2) of rule 11 or sub-rule (2) of rule 12.

(4) (i) Where a registered proprietor makes a request under sub-rules (1), (2) or (3), he shall serve a copy of the request on the registered user or users, if any, and inform the Registrar accordingly.

(ii) Where the request aforesaid is made by a registered user, he shall serve a copy thereof on the registered proprietor and other registered users, if any, and inform the Registrar that he had done so.

(5) In case of the alteration of the address of a person entered in the register as the address for service in India of more than one registered proprietor or registered user of trade marks, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from that person on Form TM-50, amended so as to suit the case, for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the Form and may alter the entries accordingly.

(6) All applications under this rule on Form TM-50 shall be signed by the registered proprietor or registered user, as the case may be, or by an agent expressly authorised by him for the purpose of such an application unless in exceptional circumstances the Registrar otherwise allows.

1. Omitted by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

CORRECTION OF REGISTER

99. APPLICATION UNDER SEC.57(1).-Where an application has been made under sub-section (1)of Sec.57 for the alteration of the register by correction, change, cancellation or striking out goods or for the entry of a disclaimer or memorandum, the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as the Registrar may think fit, as to the circumstances in which the application is made. Such application shall be made or Forms TM- 16, TM-33, TM-34, TM-35, TM- 36, TM-37 or TM-50 as may be appropriate and a copy thereof shall be served by the applicant on the registered user or users, if any, under the registration of the trade mark in question and to any other person who appears from the register to have an interest in the trade mark.

100. ADVERTISEmENT OF CERTAny APPLicATioNs.-

(1) Where application is made under Cl. (e) of sub-section (1) of Sec. 57 on Form TM-37 to enter a disclaimer or memorandum relating to trade mark, the Registrar before deciding upon such application shall advertise the application in the Journal in order to enable any person to file at the Trade Marks Registry a statement in writing showing the reasons for his objections to the proposed entry, within three months from the date of the advertisement or within such further time not exceeding one month as the Registrar may allow.

(2) The Registrar shall, after considering the application and the statement aforesaid and hearing the parties, if so required, decide to allow or refuse the application and shall communicate his decision in writing to the applicant as well as any other party to the proceeding.

ALTERATION OF REGISTERED TRADE MARK

101. ALTERATioN oF REGisTERED TRADE mARK.-Where a person applies under Sec. 58 for leave to add to or alter his registered trade mark he shall make his application in writing on Form TM-38 and shall furnish twelve copies of the mark as it will appear when so added to or altered. A copy of the application and of the mark so amended or altered shall be served by the applicant on every registered user, if any.

102. ADVERTISEMENT BEFORE DECISION AND OPPOSITION, ETC. –

(1) The Registrar shall consider the application and shall, if it appears to him expedient, advertise the application in the Journal before deciding it.

(2) Within three months from the date of advertisement under sub rule (1), or within such further period, not exceeding one month in the aggregate, as the Registrar may allow, any person may give notice of opposition to the application on Form TM-39 and may also send therewith a statement of his objections. The notice and the statement, if any, shall be sent in triplicate. In case there are any registered users under, the registration of the trade mark in question, such notice and statement shall also be accompanied by as many copies thereof as there are registered users. A copy each of the notice and statement shall be transmitted forthwith by the Registrar to the registered proprietor and to each registered user, if any, and within two months from the receipt by the registered proprietor of such copies he shall send to the Registrar on Form TM-6 a counter-statement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counter-statement the Registrar shall serve a copy thereof on the person giving notice of opposition and the provisions of rules 53 to 60 shall apply mutatis mutandis to the further proceedings of the opposition. The Registrar shall not refuse the application merely because the registered proprietor has not filed a counterstatement. In any case of doubt any party may apply to the Registrar for directions.

(3) If there is no opposition within the time specified in sub-rule (2), the Registrar shall, after hearing the applicant if he so desires, allow or refuse the application and shall communicate his decision in writing to the applicant.

103. DECISION-ADVERTISEMENT-NOTiFiCATiON. -If the Registrar decides to allow the application he shall alter the mark in the register accordingly and insert in the Journal a notification that the mark has been altered. If the application has not been advertised under rule 102, he shall also advertise in the Journal the trade mark as altered.

104. PRINTING BLOCK AND FEE FOR ADVERTISEMENT. -In connection with an application to alter a registered trade mark the Registrar may at any time call on the applicant to supply a printing block satisfactory to the Registrar and suitable for advertising the mark with the addition or alteration as aforesaid, together with the prescribed fee ¹[for excess space, if any], if in the opinion of the Registrar and advertisement describing in words the addition or alteration would not be likely to be understood by person interested in the matter.

1. Ins. by S.O. 171 (E), dated 1st March. 1985 (w.e.f 1st March, 1985).

RE-CLASSIFICATION OF GOODS IN RESPECT OF

EMSTING REGISTRATION

105. RE-CLASSIFICATION IN RESPEC TO EXISTING REGISTRATION.-

(1) On the classification set forth in Fourth Schedule being amended, the registered proprietor of a trade mark may apply to the Registrar on Form TM-40 for the conversion of the specification relating to his trade mark, so as to bring that specification into conformity with the amended classification. The application shall include a request for the like conversion of the specification in respect of any registered users under that registration, and the registered proprietor shall serve a copy of the application on the registered user or users of the trade mark, if any.

(2) The Registrar shall, thereupon notify in writing to the registered proprietor and to the registered user or users, if any, a proposal showing the form which, in Registrar’s view, the amendment of the register should take in consequence of the proposed conversion. Two or more registrations of a trade mark having the same date and in respect of goods which fall within the same class under the amended or substituted classification, may be amalgamated upon conversion in accordance with this rule.

(3) The proposal referred to in sub-rule (2) shall be advertised in the Journal.

(4) Notice of opposition to such proposal shall be given on Form TM-41 in triplicate within one month from the date of the advertisement and shall be accompanied by a statement in triplicate showing how the proposed amendment would contravene the provisions of sub-section (1) of Sec. 59. Where there are any registered users under the registration of the trade mark in question, such notice and statement shall also be accompanied by as many copies thereof as there are registered users. The Registrar shall forth-with send a copy each of the notice and the statement to the registered proprietor and to each registered users, if any, and within two months from the receipt by him of such copies the registered proprietor may send to the Registrar on Form TM-6 a counter-statement in triplicate setting out fully the grounds on which the opposition is contested. If the registered proprietor sends such counter-statement the Registrar shall serve a copy thereof on the person giving notice of opposition and the further procedure for the disposal of the opposition shall be regulated by the provisions of rules 53 to 60 mutatis mutandis. In any case of doubt, any party may apply to the Registrar for directions.

(5) If there is no opposition with in the time specified in sub-rule (4) or in case of opposition if the conversion of the specification is allowed, the proposal as allowed shall be advertised in the Journal, and all necessary entries shall be made in the register. The date when such entries are made in the register shall be recorded therein. Any entry made in the register in pursuance of this sub-rule shall not affect the date of the renewal of registration under See. 25 which shall be determined in the same manner as before the allowance of the conversion.

CHAPTER VII

MISCELLANEOUS

106. EXTENSION OF TIME. –

(1) An application for extension of time under Sec. 101 (not being a time expressly provided in the Act or prescribed by rule 81 or by sub-rule (4) of rule 82 or a time for the extension of which provision is made in the rules) shall be made on Form TM- 56.

(2) Upon an application made under sub-rule (1) the Registrar, if satisfied that the circumstances are such as to justify the extension of the time applied for, may, subject to the provisions of the rules where a maximum time limit is prescribed and subject to such conditions as he may think fit to impose, extend the time and notify the parties accordingly and the extension may be granted though the time for doing the act or taking the proceeding for which it is applied for has already expired.

107. EXERCISE OF DISCRETIONARY POWER OF REGISTRAR.-The time within which a person entitled under Sec. 98 to an opportunity of being heard shall exercise his option of requiring to be heard shall, save as otherwise expressly provided in the Act or the rules, be one month from the date of a notice which the Registrar shall give to such person before determining the matter with reference to which such person is entitled to be heard. If within that month such person is required to be heard, the Registrar shall appoint a date for the hearing and shall give 10 days’ notice thereof.

108. NoTiFicATioN oF DEcisioN. -The decision of the Registrar in the exercise of any discretionary power given to him by the Act or the rules shall be notified to the person affected.

109. AMENDMENTS AIVD CORRECTION OF IRREGULARITY IN PROCEDURE. -

(1) Any document or drawing or other representation of a trade mark may be amended, and any irregularity in procedure which, in the opinion of the Registrar may be obviated without detriment to the interests of any person, may be corrected, if the Registrar thinks fit on such terms as he may direct,

(2) The Registrar may require the amendment of any application or representation of a trade mark or any other document or the addition of any matter thereto in order to bring it in accordance with the formal requirements of the Act.

110. DIRECTIONS NOT OTBERWISE PRESCRIBED. -Where in the opinion of the Registrar, it is necessary for the proper prosecution or completion of any proceedings under the Act or the rules for a person to perform an act, file a document or produce evidence, which is not provided for by the Act or the rules, the Registrar may by notice in writing require the person to perform the act, the file the document or produce the evidence, specified in the notice.

111. HEARINGS. -

(1) In relation to trade mark for which an application for registration is made on or after the notified date, the application as well as any proceeding under the Act and the rules shall, in the event of a hearing becoming necessary, be heard at the office of the Trade Marks Registry at which such application was made under sub-section (3) of Sec. 18, or at such place within the territorial jurisdiction of that office as the Registrar may deem proper.

(2) In relation to a trade mark for which an application for registration is pending before the Registrar at the notified date, the hearing, if any, in respect of such application or any proceeding under the Act and the rules shall be taken at the appropriate office of the Trade Marks Registry or at such place within the territorial jurisdiction of that office as the Registrar may deem proper.

(3) In relation to a trade mark on the Register of Trade Marks at the notified date, the hearing, if any, in respect of any proceeding under the Act and the rules, shall take place at the appropriate office of the Trade Marks Registry or at such place within territorial jurisdiction of that office as the Registrar may deem proper.

(4) Where an officer exercising the powers of the Registrar who has heard any matter under the Act or the rules has reserved orders thereon, is transferred from one office of the Registry to another or reverts to another appointment before passing an order or rendering decision thereon, he may, if the Registrar so directs, pass the order or render the decision as if he had continued to be the officer in the office of the Registry where the matter was heard.

AWARD OF COSTS BY REGISTRAR

112. costs iN uNcoNTEsTED cAsES. -Where any opposition duly instituted under the rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed.

¹[113. EXCEPTION TO RULE 112.-Notwitlistanding the provisions of rule 112, costs in respect of fees specified under entries 7, 9 and 10 of First Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event.]

1. Subs. By G.S.R. 729 (E), dated 9^th December, 1991 (w.e.f 9^th December, 1991).

114. scALE of cosTs. -Subject to the provisions of rules 112 and 113, in all proceedings before the Registrar, the Registrar may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible therefor tinder Sixth Schedule, as he considers reasonable having regard to all the circumstances of the case.

REVIEW OF DECISION BY REGISTRAR

115. APPLICATIONFOR REviEW OF REGISTrars DECISION.-An application to the Registrar for the review of his decision under Cl. (c) of Sec. 97 shall be made on Form TM-57 within one month from the date of such decision or within such further period not exceeding one month thereafter as the Registrar may on request allow, and shall be accompanied by the statement setting forth she grounds on which the review is sought. Where the decision in question concern any other person in addition to the applicant, such i application and statement shall be left in triplicate and the Registrar shall forthwith transmit a copy each of the application and statement to the other person concerned. The Registrar may, after giving the parties an opportunity of being heard, reject or grant the application, either unconditionally or subject to any conditions or limitations, as he thinks fit.

AFFIDAVITS

116. FORM, ETC. OF AFFIDAVITS.-

(1) The affidavits required by the Act and the rules to be filed at the Trade Marks Registry or furnished to the Registrar, unless otherwise provided in Second Schedule, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered; and each paragraph shall, as far as practicable, be confined to one subject. Every affidavit shall state the description and the true place of abode of the person making the same shall bear the name and address of the person filing it and shall state on whose behalf it is filed.

(2) Where two or more persons join in an affidavit, each of them shall depose separately to such facts which are within his personal knowledge and those facts shall be stated in separate paragraphs.

(3) Affidavits shall be taken-

(a) In India before any Court or person having by law authority to receive evidence, or before any officer empowered by such Court as aforesaid to administer oath or to take affidavits:

(b) In any country or place outside India-before a diplomatic or consular officer, within the meaning of the Diplomatic and Consular Officers (Oath and Fees) Act, 1918, of such country, or place, ¹[or before a Notary Public or before a Judge or Magistrate of the country or place].

(4) The person before whom an affidavit is taken shall state the date on which and the place where the same is taken and shall affix his seal, if any or the seal of the Court to which he is attached, thereto and sign his name and description at the end thereof.

(5) Any affidavit purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by sub-rule (3) to take an affidavit, in testimony of the affidavit having been taken before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature, or of the official character of that person.

(6) Alterations and interlineations shall, before an affidavit is sworn or affirmed, be authenticated by the initials of the person before whom the affidavit is taken.

(7) Where the deponent is illiterate, blind or unacquainted with the language in which the affidavit is written, a certificate by the person taking the affidavit that the affidavit was read, translated or explained in his presence to the deponent, that the deponent seemed perfectly to understand it and that the deponent made his signature or mark in his presence, shall appear in the jurat.

(8) Ever affidavit filed before the Registrar in connection with any of the proceedings under the Act or the rules shall be duly stamped under the law for the time being in force.

1. Subs. By S.O.397,dated 23^rd dated 23^rd January, 1969.

INSPECTION OF DOCUMENTS BY THE PUBLIC

117. INSPECTION OF DOCUMENTS. -The documents mentioned in subsection (1) of See. 125 shall be available for inspection at the head office of the Trade Marks Registry. A copy of the register and such of the other documents mentioned in See. 125, as the Central Government may by notification in the Official Gazette, direct, shall be available for inspection at each branch office of the Trade Marks Registry. The inspection shall be on payment of the prescribed fee and at such times on all the days on which the offices of the Trade Marks Registry are not closed to the public, as may be fixed by the Registrar.

118. DISTRIBUTION OF COPIES OF JOURNAL AND OTHER DOCUMENTS. -The Central Government may direct the Registrar to distribute the Journal and any other document which it may consider necessary, to such places as may be fixed by the Central Government in consultation with the State Governments and notified from time to time in the Official Gazette.

CERTIFICATES

119. cERTLFiED copiEs of DocumENTs. -The Registrar may furnish certified copies of any entry in the register or certified copies of any document referred to in sub-section (1) of See. 125 or of any decision or order of the Registrar, or give a certificate [other than a certificate under sub-section (2) of See. 23] as to any entry, matter or thing which he is authorised or required’ by the Act or the rules to make or do, upon receipt from any person of an application therefor on Form TM-46 accompanied by the prescribed fee. The Registrar shall not be obliged to include in any certificate or certified copy, a copy of any mark unless he is furnished by the applicant with a copy thereof suitable for the purpose.

120. CERTIFICATE FOR USE IN OBTAINING REGISTRATION ABROAD.

(1) Where a certificate relating to the registration of a trade mark is desired for use in obtaining registration in any territory outside India the Registrar shall include in the certificate a copy of the mark and may require the, applicant for the certificate to furnish him with a copy of the mark suitable for the purpose, and if the applicant fails to do so, the Registrar may refuse to issue the certificate.

(2) Where a trade mark is registered without limitation of colour, the copy of the mark to be included in the certificate, may be either in the colour in which it appears upon the register or in any other colour or colours and it shall be stated in the certificate that the trade mark is registered without limitation of colour.

(3) The Registrar may state in the certificate such particulars concerning the registration of the mark as may seem fit to him, and may omit, there from references to any disclaimers appearing in the register. The purpose for which the certificate is issued shall be stated therein.

APPEALS TO HIGH COURT

121. TimE FoR Appeal.-An appeal to a High Court from any decision of the Registrar under the Act or the rules shall be made within three months from the date of such decision or within such further time as the High Court may allow.

APPLICATION TO HIGH COURTS

122. APPLICATION MADE TO TBE IHGH COURT TO BE SERVED ON TBE REGISTRAR.-A copy of every application to a High Court under the Act shall be served on the Registrar.

CERTIFICATE OF VALIDITY

123. cERTipicATE oF vALiDiTY To BE NoTED. -Where a High Court has certified as provided in Sec. 119 with regard to the validity of a registered trade mark the registered proprietor thereof may request the Registrar on Form TM-47 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to the effect in the register and publish the note in the Journal.

RETURN OF EXHIBITS AND PRINTING BLOCKS AND

DESTRUCTION OF RECORDS

124. RETURN OF EXIHBITS AND PRINTING BLOCKS.-

(1) Where the exhibits produced in any matter or proceeding under the Act or the rules or tile printing block supplied for the purpose of advertisement in the Journal are no longer required in the Trade Marks Registry, the Registrar may call upon the party concerned to take back the exhibits or the printing block, as the case may be, within a time specified by him and if the party fails to do so, such exhibits or printing blocks, as the case may be, shall be destroyed.

(2) Where, before the notified date any printing blocks have been supplied for the purpose of advertisement in the Journal or any exhibits have been produced in any proceedings, the Registrar may, if satisfied that it is no longer necessary to retain them, cause them to be destroyed, after the expiration of one year from the notified date.

125. DEsTRucTioN oF REcoRDs. -Where an application for the registration of a trade mark has been withdrawn, abandoned or refused or a trade mark has been removed from the register, the Registrar may, at the expiration of twelve years after the application is with-drawn or is abandoned or is refused or after the trade mark is removed from the register, as the case may be, destroy all or any of the records relating to the application of the trade mark concerned.

PART II

SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS

126. RULES TO APPLY To cERTiFiCATioN TradE mARKS.-The provisions of Part I, Part III and Part VI of the rules shall, in their application to certification trade marks, apply only subject to the provisions of this Part.

127. APPLICATION FOR REGISTRATION AND PROCEEDINGS RELATEVO THERETO.-

(1) An application for the registration of certification trade mark under sub-section (1) of Sec. 62 shall be made to the Registrar upon Form TM-4 in quadruplicate and shall be accompanied by ten additional representations of the mark. The draft regulations to be forwarded with the application under said sub-section (1) of Sec. 62 shall be in quadruplicate and shall be accompanied by Form TM-49.

(2) References in Part I of the rules to the acceptance of an application for the registration of a trade mark, shall in their application to certification trade mark, be substituted by references to authorisation to proceed with the application.

(3) An applicant for the registration of a certification trade mark shall not be deemed to have abandoned his application, if, in the Circumstances of rule 39 he does not apply for a hearing or reply in writing.

(4) The address in India, if any, of an applicant to register a certification trade mark shall be deemed to be the address of his principal place of business in India for all the purposes for which such an address is required by the rules.

128. CASE ACCOMPANYING APPLICATION. -The applicant shall send to the Registrar with his application a case setting out the grounds on which he relies in support of his application. Such case shall be furnished in triplicate.

129. HEARING BY THE CENTRAL GOVERNMENT BEFORE ISSUING DIRECTIONS TO THE REGISTRAR TO ACCEPT AN APPLICATION OR TO ACCEPT IT coNDiTioNALLY.-The Central Government shall not direct the Registrar to refuse an application for registration of a certification trade mark or to accept the application subject to any conditions or limitations or to any amendments or modifications of the application or of the regulations without giving to t lie, applicant an opportunity of being heard and the procedure shall be regulated by the provisions of rule 86 mutatis mutandis.

130. OPPOSITION TO REGISTRATION OF CERTIFICATION TRADE MARKS.-

(1) On acceptance of the application the Registrar shall cause the, application to be advertised in the Journal and the provisions of rules 51 to 60 shall apply mutatis mutandis as they apply in relation to an application under sec. 18. The references to Forms-TM-5, TM-6 and TM-7 in rules 51 to 60 shall, in their application to proceedings on the opposition to the registration of’ certification trade marks under subsection (3) of Sec. 64, be substituted by references to Forms TM-8, TM-9 and TM-10 respectively.

(2) In any case of doubt with regard to the application of the provisions of rules 51 to 60 to proceedings on the opposition to the registration of a certification trade mark, any party may apply to the Registrar or the Central Government, as the case may be, for directions.

131. RECTIFICATION OF CERTIFICATION TRADE ENTRIES.-An application for cancellation or variation of registration of a certification trade mark on any of the grounds mentioned in Sec. 69 shall be made on Form TM-43 and shall set forth full particulars of the grounds on which the application is made.

132. ALTERATION OF REGULATIONS RELATING TO CERTIFICATION TRADE MARKS. -An application by the registered proprietor of a certification trade mark under sub-section (2) of Sec. 65 shall be made on Form TM-42 and where the Central Government decides to advertise such application under sub-section (3) of Sec. 65, the advertisement shall be made in the Journal.

133. CONSENT OF CENTRAL GOVERNMENT TO ASSIGNMENT OR TRANSIWSSION oF cERTiFicATioN trade marks.-An application for the consent of the Central Government under See. 42 shall be made on Form TM-22.

PART III

SPECIAL PROVISIONS FOR TEXTILE GOODS

134. DEFINITIONS. -For the purposes of rules 144 and 145-

(a) “Balanced numeral” means a trade mark consisting of either identical numeral or identical letters of not less than three nor more seven digits;

(b) “Digit” includes a single letter:

135. RVLES TO APPLY TO TEXTILE MARK.-Subject to the provisions of this part, the provisions of Part I, Part II and Part VI of the rules shall apply to trade marks in respect of textile goods as they apply to trade marks in respect of non-textile goods.

136. TEXTILE MARKS-The expression “textile mark” means a trade mark used or proposed to be used in relation to goods specified in rule 137 as “textile goods” for the purpose of Chapter IX of the Act.

137. TExTiLE GooDs.-The classes of goods in relation to trade marks to which Chapter IX of the Act shall apply and which are in the Act and the rules referred to as textile goods shall be clause 22 to 27 (inclusive) of Fourth Schedule.

138. ¹[* * *]

1. Omitted by S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

139. ¹[* * *]

1. Omitted by S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

140. APPLICATION TO REGISTER LETTERS OR NUMERALS OR ANY COMBINATION TBEREOF IN RESPECT OF ITEMS OF TEXTILE GOODS.-

(1) A separate application for the registration of a trade mark (other than a certification trade mark) shall be made on Form ¹[TM-1] in respect of each of the items of textile goods mentioned in Fifth Schedule where the mark consists exclusively of letters or numerals or any combination thereof.

(2) The items of Fifth Schedule shall be grouped as follows; and goods falling in each groups shall be deemed to be goods of the same description, and goods falling in different groups shall not be deemed to be goods of the same description; for the purpose of an application for the registration of trade marks consisting exclusively of letters or numerals or any combination thereof made under sub-rule (1) and proceedings relating thereto but not for any other purposes-

Group I-Items 1, 4, 5, 8, 9, 10, 11, 12, 16, 19, 20, 22, 23, 24, 25, 26, 27, 30, 33, 36, 37, 39, 41, 42, 44, 45, 48, 49, 54, 55, 59, 61, 62, 65 and 91.

Group 2-Items 2, 3, 14, 17, 18, 34, 35 and 47.

Group 3-Items 6, 7, 21, 38 and 52.

Group 4-Items 13, 29, 75, 77 and 78.

Group 5-Items 15, 28, 31, 40, 60, 66, 79, 88, 90 and 93.

Group 6-Items 32, 43, 64 and 94.

Group 7-Items 46, 83, and 85.

Group 8-Items 50, 51, 56, 57, 63, 76, 80, 84, 86, 87 and 89.

Group 9-Item 53.

Group 10-Items 58, 82, and 92.

Group 11-Items 67, 68, 69, 70 and 71.

Group 12-Item 72.

Group 13-Item 73.

Group 14-Item 74.

Group 15-Item 81.

(3) Notwithstanding anything contained in sub-rule (2), in respect of any proceeding relating to trade marks consisting exclusively of letters, numerals or any combination thereof for the registration of which applications were made on or before the 31st July, 1945, the goods falling in different items of Fifth Schedule shall not be deemed to be goods of the same description.

1. Subs by ibid.

141. ¹[* * *]

1. Omitted by S.O. 171 (E), dated 1st March, 1985 (w.e.f. 1st March, 1985).

142. ¹[* * *]

1. Omitted by S.O. 171 (E), dated 1st March, 1985 (w.e.f. 1st March, 1985).

143. ¹[* * *]

1. Omitted by S.O. 171 (E), dated 1st March, 1985 (w.e.f. 1st March, 1985).

144. NoN-REGisTRABiLiTy OF CERTAIN MARKS. -In respect of textile goods the following marks shall not be capable of registration, namely, -

(a) Any numeral of one digit or of more than six digits not being a balanced numeral;

(b) A single letter or any combination of letters of more than six letters, not being a balanced numeral;

(d) Any fraction or letter fraction consisting of more than eight digits together,

(e) Any tradition or letter fraction having less than three digits together,.

(f) Any combination of numerals, and fractions of more than six digits;

(g) Any combination of numerals, letters, fractions and letter fractions either having more than eight digits or ending with a fraction of more than one digit in the numerator or in the denominator;

(h) Numerals or letters representing cloth dimensions:

(i) A balanced numeral which does not consist of at least two more or two less digits than a balanced numeral of the same series already registered in the name of a different person, in respect of the same goods or description of goods.

145. Marks LiKELY TO DEcEivE OR TO CAUSE CONFusioN.-

(1) A trade mark consisting of numerals, letters, fractions, letter fractions or any combination thereof, and not being a balanced numeral, shall not be capable of being registered as a textile mark if it does not differ from a trade mark registered in the name of a different person in respect of the same goods or description of goods-

(a) In the case of a numeral not exceeding four digits, in at least one corresponding digit;

(b) In the case of numeral of five digits, in at lest two corresponding digits;

(d) In the case of a combination of two letters, in at least one corresponding letter;

(e) In the case of combination of three or four letters, in at least two corresponding letters;

(f) In the case of a combination of five or six letters, in at least three corresponding letters;

(g) In the case of a mark consisting of one letter and one numeral digit, in at least one of them;

(h) In the case of a mark consisting of one letter and two or three numeral digits, in at least one corresponding numeral digits;

(i) In the case of a mark consisting of one letter and four or more numeral digits, in at least two corresponding digits;

(j) In the case of a mark consisting of two or more letters and one or more numeral digits, in at least one corresponding letter and one corresponding numeral digit;

(k) In the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is three or four, in at least one corresponding digit from either the numerator or the denominator;

(1) In the case of a fraction or letter fraction or any combination thereof in which the total number of digits in the numerator and denominator is five or more, in at lest one corresponding digit in the numerator and one corresponding digit in the denominator or two corresponding digits in either the numerator or the denominator;

(m) In the case of a combination consisting of a numeral and a fraction in at least one corresponding numeral digit;

(n) In the case of a combination of letters, numerals, and fractions (including letter fractions)-

(i) Where the total number or digits excluding the fraction is not more than three in at least one corresponding digit;

(ii) Where the total number of digits, excluding the fraction, is four or more, in at least two corresponding digits.

(2) Nothing in sub-rule (1) shall be construed to signify that where a trade mark does not come within the scope of any case specified in the said sub-rule, the mark shall necessarily be regarded as not being likely to deceive or to cause confusion.

PART IV

REGISTRATION OF TRADE MARKS AGENTS

146. REGISTRAR OF TRADE MARKS AGENTS.-¹[The Registrar of Trade Marks] shall maintain a register of trade marks agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered trade marks agent.

1. Subs. By G.S.R.729 E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

147. REGISTRATION OF EXISTING REGISTERED TRADE MARKS AGENTS.-

(1) Notwithstanding anything in rule 148, every person whose name is, on the notified date, on the register of trade marks agents maintained under the Trade Marks Rules, 1942, shall be deemed to be registered as trade marks agent under the Act and the rules.

(2) The continuance fee of trade marks agents deemed to be registered under sub-rule (1) shall be payable as and from the notified date.

148. QUALIFICATIONS FOR REGISTRATIONS. -Subject to the provisions of rule 149, a person shall be qualified to be registered as a trade marks agent if he-

(i) Is a citizen of India;

¹[(ii) Is not less than 21 years of age;]

²[(iii) Has passed the examination prescribed in rule 152 or is an Advocate within the meaning of the Advocates Act, 1961 or is a Member of the Institute of Company Secretaries of India];

(iv) Is a graduate of any university in India or possesses an equivalent qualification; and

(v) Is considered by the Central Government as a fit and proper person to be registered as a trade marks agent.

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

2. Subs. by S.O. 1396, dated 23rd dated 23rd March. 1985 (w.e.f. 6th April. 1985.

149. PERSONS DEBARRED FROM REGISTRATION.-A person shall not be eligible for registration as a trade marks agent if he-

(i) Has been adjudged by a competent Court to be of unsound mind;

(ii) Is an undischarged insolvent;

(iii) Being a discharged insolvent has not obtained from the Court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;

(iv) Has been convicted by a competent Court, whether within or without India of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has Government has, by order in this behalf, removed the disability;

(v) Being a legal practitioner has been held guilty of professional misconduct by any High Court in India or by any Court beyond the limits of India, or

(vi) Being a chartered accountant, has been held guilty of a negligence or misconduct by a High Court.

150. MANNER OF MAKEVG APPLICATION.-All applications under the provisions of this Part shall be made in triplicate, shall be sent to or left at that office of the Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situate.

151. APPUCATION FOR REGISTRATIONAS A TRWE MARKS AGENT.-

(1) Every person desiring to be registered as a trade marks agent shall make an application on Form TMA-1.

(2) The applicant shall furnish such further information bearing on his applications as may be required of him at any time by the Central Government or the Registrar.

¹[152. PROCEDURE ON APPLICATION AND QUALIFYING REQUIREMENTS. -

(1) On receipt of an application for the registration of a person as a trade marks agent, the Registrar, if satisfied that the applicant fulfils the prescribed qualification, shall appoint a date in due course on which the candidate will appear before him for a written examination in a Trade Marks Law and Practice followed by an interview. The candidate will be expected to possess a detailed knowledge of the provisions of the Act and the rules and a knowledge of the elements of Trade Marks Law.

(2) The qualifying marks for the written examination and for interview shall be 40 per cent and 60 per cent respectively and a candidate shall be declared to have passed the examination only if he obtains an aggregate of 50 per cent of the total marks.]

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

¹[153. CERTIFICATE OF REGISTRATION.-After a candidate has been interviewed and any further information bearing on his application, which the Registrar may consider necessary has been obtained and if the Registrar considers the applicant eligible and qualified for registration as a trade marks agent, he shall send an intimation to that effect to the applicant and any person so intimated may pay the prescribed fee for his registration as a trade marks agent. Upon receipt of the prescribed fee the Registrar shall be entered in the register of trade marks agent and shall issue to him a certificate on Form 0-4 of his registration as a trade marks agent.]

1. Subs. by ibid.

154. CONTINUANCE OF A NAME IN THE REGISTER OF TRADE MARKS AGENTS. -The continuance of a person’s name in the register of trade marks agents shall be subject to his payment of the fees prescribed in that behalf.

155. REMOVAL OF AGENT’S NAME FROM THE REGISTER OF TRADE MARKS AGENTS.- ¹[The Registrar] shall remove from the register of trade marks agents the name of any registered trade marks agent-

(a) From whom a request has been received to that effect; or

(b) From whom the annual fee has not been received on the expiry of three months form the date on which it became due.

(2) ¹[The Registrar] shall remove from the register of trade marks agents the name of any registered trade marks agent-

(a) Who is found to have been subject that the time of his registration or thereafter has become subject, to any of the disabilities stated in Cls. (i) to (vi) of rule 149; or

(b) Whom ¹[the Registrar] has declared not to be a fit and proper person to remain in the register by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity;

[(c) Whose name has been entered in the register by an error or on account of misrepresentation or suppression of material fact:] Provided that before making such declaration under Cl. (b) ¹[the Registrar] shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further enquiry, if any, as it may consider necessary.

(3) ¹[The Registrar] shall remove from the register-of trade marks agents the name of any registered trade marks agent who is dead.

(4) The removal of the name of any person from the register of trade marks agents shall be notified in the Official Gazette and in the Journal and shall, wherever possible be communicated to the person concerned.

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

¹[155-A.POWER OF REGISTRAR TO REFUSE TO DEAL WITH CERTAIN AGENTS.-

(1) The Registrar may refuse to recognise-

(b) Any individual whose name has been removed from, and not restored to by the Registrar;

(b) Any person, not being registered as a trade marks agent, who in the opinion of the Registrar is engaged wholly or mainly in acting as agent in applying for trade marks in India or elsewhere in the name or for the benefit of the person by whom he is employed;

(c) Any company or firm, if any person whom the Registrar could refuse to recognise as agent in respect of any business under these rules, is acting as a director or manager of the company or is a partner in the firm.

(2) The Registrar shall also refuse to recognise as agent in respect of any business under this rule any person who neither resides nor has a place of business in India.]

2. Ins. by ibid.

156. RESTORATION OF REMOVED NAMES.-

(1) ¹[The Registrar] may on an application made on Form TMA-2 within six months from the date of removal of his name from the register of trade marks agents accompanied by the fee specified in the First Schedule from a person whose name has been removed under Cl. (b) of sub-rule (1) of rule 155, restore his name to the register of trade marks agents and continue his name therein for a period of one year from the date on which his last annual fee became due.

(2) The restoration of a name to the register of trade marks agents shall be notified in the Official Gazette and in the Journal and shall be communicated to the person concerned.

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

157. ALTERATION IN THE REGISTER OF TRADE MARKS AGENTS. –

(1) A registered trade marks agent may apply on Form TMA-3 for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the Register of Trade Marks Agents. On receipt of such application and the fee prescribed in that behalf ¹[the Registrar] shall cause the necessary alteration to be made in the register of trade marks agents.

(2) Every alteration made in the register of trade marks agents shall be notified in the Official Gazette and in the Journal.

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

158. PUBLICATION OF THE REGISTER OF TRADE MARKS AGENTS.-

(1) The register of trade marks agents shall be published from time to time as ¹[the Registrar] may deem fit, the entries being arranged in the alphabetical order of the surnames of the registered trade marks agents and, copies thereof shall be placed on sale.

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9th December, 1991).

158-A. APPEAL.-An appeal shall lie to the Central Government from any order or decision of the Registrar in regard to registration of trade marks agents under Part IV of these rules, and the decision of the Central Government shall be final and binding.]

PART V

PROVISIONS RELATING TO TESTING AND MARKING OF PIECE-GOODS AND YARN

159. DEFINATIONS. -For the purposes of this Part, unless the context otherwise requires-

(a) “Count” in relation to yarn means the relation of length to weight thereof either in the English system or metric system, as follows:

(i) The English count for yarn shall be the number of hanks each of 840 yards in length that weigh one pound avoirdupois or in other words the number of yards of yarn weigh 8.3 grains.

(ii) The metric count for all yarn with the exception of raw and prepared silk shall represent the relation between 1,000 metres of yarn to 500 grammes or 2 metres to 1 grammes or in other words half the number of hanks (each of 1,000 metres in length) that weigh 500 grammes.

The English system of counts may be converted into the metric system of counts and vice versa by the following formula:

The English count No. of yarn xO.847-the Metric count.

The Metric count No. of yam x 1. 181 -the English count.

(iii) The metric count for raw and prepared silk shall be weight in grammes of 10,000 metres of yarn;

(b) “Customs collector” shall have the meaning assigned to the term in the Sea Customs Act, 1878.

160. TESTING FOR LENGTH AND WIDTH OF PIECE GOODS.-

(1) In testing for length of piece-goods such as are ordinarily sold by the length or by the piece the measurement shall be made along the selvage.

(2) In testing piece-goods aforesaid for width the cloth shall be measured by each of the following methods and the mean of the measurements so taken ¹[shall be adopted]. Care shall be exercised in applying each method to select a portion of the cloth where the creases are fewest, and the warp and weft respectively as straight as possible.

(a) A double-fold of the cloth shall be laid on the table and the creases smoothed out, so that it may lie perfectly flat., The measuring rod shall then be placed across the cloth, and the finger and thumb run down the rod on each side of it across the cloth so as to once more flatten the creases. Care shall be taken in doing this to see that whilst the creases are smoothed out, stretching is avoided and the warp threads remain perpendicular to the rod. The measurement shall then be recorded.

(b) A fold of the cloth shall be taken, and the doubled edge held between a finger and thumb at each end, and extended over the measuring rod which shall be keep flat on the table. The extension shall be sufficient to remove the creases but not to stretch the warp out of the perpendicular.

1. Subs. by S.O. 397 dated, 23rd January, 1969.

161. ALLOWANCES FOR PECULLARITIES OF CLOTH AND FOR STRETCIUNG. -

(1) In taking the measurements aforesaid the peculiarities of the cloth under measure shall be taken into consideration and due allowance be made for these characteristics.

(2) If owing to the peculiarities of the cloth it is found difficult to determine a reasonable degree of tension for purposes of measurement, the mean between stretching to the full, and not stretching, shall be adopted.

(3) The influence of stretching for length on the width shall always be taken into account in measuring cloth. Where the cloth has been stretched lengthwise in the making, it will lose in length as the weft is straightened to measure the width. It may then have to be ascertained, whether the trade description of length does not become false in the process of making that for width correct. To ascertain this a measurement along the selvages both lengthwise and across shall be made.

162. TEsTiNG oF Yarns. -Yams may be tested by the Customs Collector for length and count when he has reason to suspect or on information by any informant that the trade description is false.

163. NUMBER oF sAmPLEs To BE sELEcTED. -An examination of yarns to test the accuracy of the description of count or length shall be made, in the first instance, up to the limit of one bundle in every one hundred bales or fractions of one hundred bales in a consignment.

164. FURTHER EXAMINATION. -If, on such examination the difference between the average count or length and the described count or length is in excess of the variation permitted in the notification issued by the Central Government under See. 95 of the Act, the importer or any other person having any claim to or in relation to, the goods in question or otherwise interested may apply for a further examination.

165. mannER oF sELECTiON AND TEsTinG oF SAmPLES. -The test to determine length of yarns shall be as follows, -

(i) From every one hundred bales, or fraction of 100 bales, in a consignment one bundle shall be selected at random. The hanks in this bundle shall then be measured on the warp wheel one after the other, in the presence of the importer or any other person interested as is referred to in the last foregoing rule, or his representative and the length noted, the process being continued (within the limits of the bundle) until either the importer or other person, as the case may be, is satisfied that the yarn is short, or the average of the lengths noted shows that it is of full length;

(ii) When the importer or other person is dissatisfied with the test aforesaid he may, on payment of the cost, require the Customs Collector to measure more hanks up to 1 per cent of the total number of hanks in the consignment, such hanks being taken at random by an officer of the customs out of any bundles in the consignment.

166. STOVE TEST. -

(1) The stove test may be applied by the customs officers only in cases where weighment by the ordinary methods shows the weight of the yarn to be short or in which the feel and appearance of yarn indicate that it is abnormally moist or over conditioned or where the ¹[importer] demands the test. Where the test is carried out on demand by the importer, the fee levied for carrying out the test shall be returned if the test fails to support the original determination of count and length by the customs officers. If more than one application of the test is demanded, a further fee shall be levied for each fresh test; the whole sum charged being retained or refunded according to his final decision of the results of the

(2) (a) In carrying out the stove test, in the case of cotton yam a regain of 8 ½ per cent shall be added to the weight obtained after the yarn is reduced to an absolutely dry conditions, and the figure so obtained shall be regarded as the actual weight of the yarn under normal conditions.

(b) In the case of silk, or woollen or other yarns other than cotton yarn the regain to be added to the weight obtained after reducing such yarn to dry condition shall be according to the table of official standards supplied with the stove test apparatus.

1. Subs. by S.O. 397, dated 23rd January, 1969.

167. PLACE oF TEsTiNG-The testing of piece-goods and yarn referred to in rules 160 to 166 shall be made at the customs laboratories or at such place and by such officer as the customs-collector may direct.

168. sEcuRiTY-The Customs Collector may require from any informant referred to in rule 162 security not exceeding five hundred rupees and where he is satisfied that the information given is wilfully false, the security shall be forfeited.

STAMPING OF PIECE-GOODS, COTFON YARN AND

THREAD UNDER SEC. 74

169. PIECE-GOODS.-“Piece-goods such as are ordinarily sold by length or by the piece” (hereinafter referred to as ‘piece-goods’) shall for the purposes of Sec. 74 of the Act or Sec. 18 of the Sea Customs Act, 1878 include cotton piece-goods, woollen piece-goods, silk piece-goods, art silk piece-goods, piece-goods of synthetic fibre and other piece-goods, of mixed fabrics, but shall not include the following description of goods, namely:

6. (a) Alhambras, except Alhambras quiltings.

Blankets.

Blind cloth in cut-pieces.

Book-binding cloth in cut-pieces.

Buckrams in cut-pieces.

Carpets (in rolls).

Counterpanes.

Decatising wrappers.

Dusters in woven pieces.

Embroidered all-overs and embroidered saris of all sorts.

Embroidered flounces.

Filter cloth.

Glass cloth in woven pieces.

Handkerchiefs in woven pieces.

Laces and nets including cotton brettone nets.

Lace curtain cloth.

Pillow Calico (Tubular).

Prayer mats.

Press cloth in cut-pieces.

Quilts.

Rugs.

Sarongs up to 2 1/2 yards or 2.28 metres in length.

Shawls (finished) with ends hemmed or fringed, imported singly of in pieces containing two or more shawls.

Sponge cloth (for swabs).

Teddy Bear or imitation Seal skin cloth.

Towels in woven pieces.

Woollen cleaner cloth.

Woollen knitted cloth.

Woollen roller cloth.

Woollen sizing flannel.

(b) (i) Cotton remnants or cut lengths measuring less than 15 yards (or 14 metres) which are not in current ordinary trade practice sold by length or by the piece ;

(ii) Fents regardless of their length, which are so defective owing to accidents in the weaving, dyeing or printing that they are not ordinarily capable of being sold by length or by the piece.

170. STAMPING OF PIECE-GOODS-

(1) Piece-goods which have been manufactured bleached, dyed, printed or furnished in India in premises which are a factory as defined in the Factories Act, 1948 shall be stamped with the particulars required under sub-section (1) of Sec. 74.

(2) In the case of piece-goods manufactured- outside India, each piece shall be marked with the name of the manufacturer, exporter, or wholesale purchaser in India of the goods and with the real length of the piece in standard yards or in standard metres as required under Cl. (D of Sec. 18 of the Sea Customs Act, 1878.

171. CASES WHERE REQUIREMENT AS TO STAMPING MAY BE WAIVED. -

(1) The Customs Collector may not detain any unstamped piece-goods if he is satisfied that, although they are not mentioned in the list of excepted goods under rule 169 they are of such a nature that they would be liable to serious depreciation in value it stamped:

Provided however were a Customs Collector exercises his discretion under this sub-rule, he shall forthwith report the case, sending a sample of the goods, to the Central Government through the Central Board of Revenue, so that the question of issuing general orders in favour of such goods may be considered.

(2) Cotton and woollen piece-goods imported for the personal use of individuals or private associations of individuals and not for trade purposes need not be stamped.

172. NATURE OF STAMPING REQUIRED-

(1) In marking the length of the piece-goods the word “yards” or “yds” or “metres” shall accompany the numerals, and in the case of cut lengths or piece of the kind other than that described in Cl. (b) of rule 169, the number of pieces shall be marked as well as the yards or meters on the front or outer face fold of the cut-piece, the figures being presented in way to show clearly what they are intended to mean.

(2) The length shall be in standard yards or fractions of such a yard or in standard metres or fractions of a metre and shall represent the actual length of the goods, and not the length before shrinkage or dryage, resulting from processes such as dyeing, or from atmospheric changes which can reasonably be foreseen. Marking in inches or centimetres may be permitted on cloths of small dimensions and delicate make in accordance with the custom of the trade.

(3) The marking shall be such that it is not likely to be removable except by washing the fabric, or in the case of goods that are not ordinarily washed, it shall be of such a nature that it is not likely to be obliterated in the ordinary course of handling before the goods reach the purchaser.

(4) The marking shall be conspicuous and in a different colour from that of the fabric, upon the fabric itself, and not upon a removable label or ticket. The marking shall not be upon an inner fold which cannot readily be seen, nor upon a wholly detached piece, but it may be upon a piece that is partly detached without, being entirely severed. In the case of sarongs which are required to be stamped, the stamping may be made on the selvage in the inner fold instead of on the uppermost fold of the cloth. Marks which are stitched on the fabric and are easily removable in cutting shall not be permitted.

173. LANGUAGE AND NUMERALS TO BE USED FOR MARKING: -All markings required by sub-section (2) of See. 74 shall be, in English and the international forms of Indian numerals shall by used.

174. INDICATIONS OF WEIGHT, LENGTH, NAME OF MANUFACTURERS, ETC.-

(1) The weight of yarn or thread in each bundle or unit shall ordinarily be indicated thereon in pounds or ounces in the English System or in grammes according to the metric system.

(2) The length of’ thread in each bundle or unit shall be indicated thereon in yards or metres.

(3) The name of the manufacturer or of the wholesale purchaser in India shall be indicated in full or, provided that the said name in clearly and unambiguously indicated thereby, in an abbreviated form, on each bundle or unit.

175. MANNER OF MARKING COTTON YARN AND COTTON THREAD:-

(1) Each bundle of cotton yarn shall be marked with the particulars required under See. 74(2) of the Act by one or more inscribed wrappers, labels or cards applied, affixed or stitched thereto, provided that all the required particulars shall be contained on the exposed surface.

(2) Units of cotton thread shall be marked with required particulars-

(a) When made up in skeins, by an inscribed label applied round each skein or bundle of skeins or secured by twine thereto;

(b) When made up in balls by an inscribed label attached to each ball, or inserted therein but remaining exposed;

(d) When wound on reels, by one or two inscribed labels applied to the end of ends or the reel;

(e) When wound on paper tubes or cone; by an inscribed label applied round or otherwise affixed to the thread or to be exposed portion of the outer surface of the tube or cone, or, where the diameter of the tube or cone is sufficient for the lable to be clearly exposed to view, to the inner surface of the tube or cone, or by inscription on the exposed portion of the outer surface of the tube or cone;

(f) When made up in any other form, by an inscribed label or card applied, affixed or stitched to or enclosed or inserted in, such makeup.

(3) Labels or cards used in accordance with sub-rules (1) and (2) shall be so applied as not to be easily detachable or removable from a bundle of cotton yarn or from each unit of cotton thread in the ordinary course of handling before it reaches the normal consumer.

176. mARKING oF covER. -Where units of cotton thread are enclosed in a cover, such cover shall be marked with the required particulars.

177. MARKING TO BE CLEAR AND DISTINCT. -All markings on bundles of cotton yarn or units of cotton thread shall be legible, distinct and in a colour which is not likely to be easily obliterated and which shall be different from the colour of the surface marked.

178. MANNER OF EXPRESSING COUNT OF COTTON OF YARN.-The count of cotton yarn shall ordinarily be expressed in the English or metric system by adding the letter ‘S’ after the numeral or numerals. Where, however, a bundle is packed on the metric system, the count shall be accompanied by the words “metric count” or by some other clear and definite indication conveying the fact and in the absence of such words or indication the marking shall be regarded as indicating that it is in the, English ‘system.

179. INDICATION OF OTHER PARTICULARS.-Nothing in rules 173 to 178 shall be construed as prohibiting the indication in any manner of other particulars relating to the cotton yarn or cotton thread so long as the conspicuousness of the required, particulars is not affected thereby.

180. EXEMPTIONS. -All premises where the work is done by members of one family with or without the assistance of not more than ten other employees and all premises controlled by a cooperative society where not more than twenty workers are employed in the premises shall be exempted from the operation of rules 173 to 178.

PART VI

REPEAL

181. REPEAL. -The Trade Marks Rules, 1942, the Cotton Yarn and Cotton Thread (Marking) Rules, 1948, and the Stamping of Piece-goods and the Testing of Yarns Rules, 1949, are hereby repealed without prejudice, to anything done under such rules before the coming into force of the rules.

¹[SCHEDULE]

[See rule 11]

FEES

No. of entry	On what payable	Amount Rs. P.	Corresponding Form number
(1)	(2)	(3)	(4)
1.	On application not otherwise charged to register a trade mark for a specification of goods included in one class (Sec. 18)	¹[300.00]	TM – 1
2.	On application to register a textile mark, other than a certification trade mark, consisting exclusively of numerals or letters of any combination thereof for a specification of goods included in one item of the Fifth Schedule under rule 140	200.00	TM-1
3.	On application to register a series of trade marks under Sec. 15 for a specification of goods included in one class	300.00	TM-1
4.	On application to register a defensive trade mark under Sec. 47 for a specification of goods included in one class	500.00	TM-3
5.	On application under Sec. 62 to register a certification trade mark for a specification of goods included in one class	¹[500.00]	TM-4
6.	On a request under rule 41(1) to state grounds of decision	50.00	TM-15
7.	On a notice of opposition under Sec. 21 (1) for each application opposed	250.00	TM-5
8.	On application for extension of time for filing notice of opposition under Sec. 21 (1)	20.00	TM-44
9.	On a counter-statement in answer to a notice of opposition under Sec. 21, for each application opposed, or in answer to an application under any of the Secs. 46, 47(4) and 56 in respect of each trade mark, or in answer to notice of opposition under See. 58 or rule 105 for each application or conversion opposed	² [50.00]	TM-6
10.	On notice of intention to attend hearing under any of the Sees. 21, 46, 47(4), 56 and 58 or under rule 105 by each party to the proceeding concerned	30.00	TM-7
11.	On notice of opposition before the Central Government under Sec. 54 (3) for each application opposed.	250.00	TM-8
12.	On a counter statement in answer to a notice of opposition before the Central Government under Sec. 64(3) for each application opposed	50.00	TM-9
13.	On notice of intention to attend hearing of each opposition before the Central Government under Sec. 64(3) by applicant and by the opponent respectively	30.00	TM-10
14.	On application under See. 16(4) to dissolve the association between registered trade marks	20.00	TM-14
15.	For renewal under Sec. 25 of the registration of trade mark at the expiration of the last registration not otherwise charged	²[300.00]	TM-12
16.	For renewal under Sec. 25 of the registration of a series of trade marks at the expiration of the last registration-For the first two marks of the series	²[300.00]	TM-12
	For every additional mark of the series	50.00
17.	For renewal under See. 25 of the registration of the same certification trade mark with the same date for goods in more than one class--in respect of every class	¹[300.00]	TM- 12
18.	On application under Sec. 25(4) for restoration of a trade mark removed from the register	¹[200.00 (plus renewal fee as prescribed in any of the entries Nos. 15,16&17)]	TM- 13
19.	On application for certificate of the Registrar under Sec. 39(2)
	For the first mark proposed to be assigned	100.00	TM- 17
	For every additional mark of the same proprietor included in that assignment	20.00
20.	On application for approval of the Registrar under sec. 40
	For the first mark	100.00	TM- 19
	For every a additional mark of the same proprietor included in the same transfer	20.00
21.	On application under See. 41 for directions of the Registrar for advertisement of assignment without goodwill of trade marks in use-
	For the first mark assigned	60.00	TM-20
	For every additional mark assigned with the same devolution of title	20.00
22.	On application for extension of time for applying for directions under Sec. 41 for advertisement of assignment without good- will of trade mark in use in respect of devolution of title
	Not exceeding one month	50.00	TM-21
	Not exceeding two months	100.00
	Not exceeding three months	150.00
23.	On application under Sec. 42 for consent of the Central Government to the assignment or transmission of a certification trade mark	100.00	TM-22
24.	On application under Sec. 44 to register a subsequent proprietor in case of assignment of transmission of a single trade mark-
	If made within six months from the date of acquisition of proprietorship	100.00	TM-23 or TM- 24
	If made after expiration of six months but before 12 months from the date of acquisition of proprietorship	150.00	TM-23 or TM-24
	If made after 12 months from the date of acquisition of proprietorship	250.00	TM-23 or TM-24
25.	On application under Sec. 44 to register a subsequent proprietor of more than one trade marks registered in the same name, the devolution of title being the same in each case-
	If made within six months from the date of acquisition of proprietorship-
	For the first marks	100.00	TM-23 or TM-24
	For every additional mark	20.
	If made after expiration of six months but before 12 months from the date of acquisition of proprietorship-
	For the first mark	150.00	TM-23 or TM-24
	For every a additional mark	30.00
	If made after expiration of 12 months from the date of acquisition of proprietorship-
	For the first mark	250.00	TM-23 or TM-24
	For every additional mark	50.00
26.	On application under Sec. 45(3) for extension of time for registering a company as subsequent proprietor of trade marks on one assignment-
	Not exceeding two months	40.00	TM-25
	Not exceeding four months	60.00
	Not exceeding six months	90.00
27.	On application under any of the Secs. 46, 47(4) and 56 for rectification of the register or removal of trade marks from the register	¹[500.00]	TM-26
28.	On application under rule 96 for leave to intervene in proceedings under any of the Sees. 46, 47(4) and 56 for rectification of the register or removal of trade mark from register	100.00	TM-27
29.	On application under Sec. 49 to register a registered user of a registered trade mark in respect of goods within the specification thereof.	750.00	TM-28
30.	On application under See. 49 to register the same registered user of more than one registered trade mark of the same registered proprietor, where all the trade marks are covered by the same registered user agreement in respect of goods within the respective specification thereof and subject to the same conditions are restrictions in each case-
	For the first mark	750.00	TM-28
	For every additional mark of the proprietor included in the application, and in the registered user agreement	500.00
31.	On application under CI.(a) of See. 52(1) to vary the entry of a registered user of one trade mark; where the trade marks are covered by the same registered user agreement and the same registered user is registered in respect of each of them-
	For the first mark	500.00
	For every additional mark included in the application	250.00
32.	On application under Cl. (b) Sec. 52 (1) for cancellation of the entry of a registered user of one trade mark where the application includes more than one trade mark-
	For the first mark	50.00
	For every additional mark included in the application	20.00
33.	On application under Cl. (c) or (d) of See. 52(1) to cancel the entry of a registered user of one trade mark-
	Where the application includes more than one trade marks-
	For the first mark	50.00
	For every additional mark included in the application	20.00
34.	On notice under rule 92(2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of a trade mark	100.00	TM-32
35.	On application under See. 57 to change the name or description of a registered proprietor or a registered user of a trade mark where there has been no change in the proprietorship or in the identity of the registered user (except where the application is made as a result of an order or a public authority or on consequence of a statutory requirement ³[(as per law in India]) where the application includes more than one trade mark-	50.00	TM-33
	For the first mark	50.00
	For additional mark included in the application]	20.00
36.	On application under Sec. 37 to alter an entry of the address of a registered proprietor or a registered user of a trade mark unless exempted from fee under rule 98(3)-	50.00	TM-34
	Where the application includes more than one trade mark-and where the address in each case is the same and is altered in the same way-
	For the first entry	50.00
	For every other entry included in the application	20.00
37.	On application to make an entry of an address for service in India of a registered proprietor or a registered user 61 a trade mark where the application includes more than one trade mark and the address for service to be entered is the same in each case-	50.00	TM-50
	For the first entry	50.00
	For every other entry included in the application	20.00
38.	On application to alter or substitute an entry of an address for service in India in the register unless exempted from fee under rule 98(3) where the application includes more than one trade mark and the address in each case is the same and is altered or substituted in the same way-	50.00	TM-50
	For the first entry	50.00
	For every other entry included in the application	20.00
39.	On application under Cls.(c), (d) or (e) of See. 57(1) for cancelling the entry or part of the entry of a trade mark or to strike out goods or for entry of disclaimer or memorandum upon the register	20.00	TM-35 or TM-36 or TM-37
40.	On application under Sec. 58 for leave to add to or alter a registered trade mark (except where the application is made as a result of an order of a public authority or in consequence of a statutory requirement) where the application includes more than one trade mark and the addition or alteration to be made in each case being the same-	200.00	TM-38
	For the first mark	200.00
	For every other mark included in the application	100.00
41.	On notice of opposition under See. 58(2) to an application for leave to add to or alter a registered trade mark for each application opposed	150.00	TM-39
42.	On application under Sec. 59 for conversion of specification	100.00	TM-40
43.	On notice of opposition under Sec. 59(2) to a conversion of the specification or specifications of a registered trade mark where the marks are entered in the register as associated trade marks and have the same specification-	150.00	TM-41
	For the first mark	150.00
	For every additional mark included in the notice of opposition	20.00
44.	On opposition under See. 65 for of the deposited regulations of a certification trade mark-	100.00	TM-42
	Where the marks are entered in the register as associated trade marks-
	For the regulation of one registration	100.00
	For the same or substantially same regulations of each additional registration proposed to be altered in the same way and included in the same application	20.00
45.	On application to the Central Government under See. 69 to expunge or vary the registration of certification trade mark to vary the deposited regulations of a certification trade mark or certification trade marks of the same registered proprietor where the regulations are substantially the same	100.00	TM-43
46.	For a search under rule 24(1) in respect of one class	50.00	TM-54
47.	On request for the Registrar’s preliminary advice under Sec. 103 for a trade mark in respect of one class	50.00	TM-55
48.	On request for certificate of the Registrar under See. 115 [other than a certificate under Sec. 23(2)]	20.00	TM-46
49.	On request for certificate of Registrar [other than certificate under Sec. 23(2) of the registration of a series of the trade marks under Sec. 15]	40.00	TM-46
50.	On request for a certified copy of any entry in the register or of any document under See. 125(2)	20.00 (plus typing charges as prescribed in entry No. 51)	TM-46
51.	On request to enter in the register and advertise a note of certificate of validity under rule 123 in respect of one mark	20.00	TM-47
52.	On request, not otherwise charged for correction of clerical error or for amendment, except where the request is made as a result of an order of public authority or in consequence of a statutory requirement as per law in India	20.00	TM-16
53.	On application for extension of time for a month or part thereof under Sec. 101 [not being a time expressly provided in the Act or prescribed by rule 81 or by rule 82(4)]	¹[50.00]	TM-56
54.	On application for review of Registrar’s decision under Sec. 97(c)]	¹[200.00]	TM-57
55.	On petition (not otherwise charged) for obtaining Registrar’s orders on any interlocutory matter in a contested proceeding	¹[200.00]
56.	On request to Registrar for particulars of advertisement of a mark under rule 50	20.00	TM-58
57.	¹[For inspecting the documents mentioned in See. 125(1)-
	(a) Relating to any particular trade mark for every hour or part thereof	¹[50.00]
	(b) Search of indexes mentioned in Sec. 124 for every hour or part thereof]	[50.00]
58.	For copying of documents (photo copy or typed) for every page or part thereof in excess of one page	1.00 (per page subject to a minimum of Rs. 5.00)
59.	On a request for a duplicate or further copy of certificate	50.00	TM-59
60.	For extra space in the journal for advertisement or re-advertisement in cases where the printing block for the trade mark exceeds 5 centimeters in breadth or depth or in breadth and depth-
	For up to 10 centimeters or part thereof over 5 centimeters in breadth	50.00
	For up to 1 0 centimeters or part thereof over 5 centimeters in depth	50.00
61.	On application for registration as a trade marks agent under rule 151	50.00	TMA-1
62.	For registration of a person as a trade marks agent under rule 153	100.00
63.	For continuance of the name of a person in the register of made Marks Agents under rule 154-
	For every year (excluding the first year) to be paid on the 1st April, in each year	100.00
	For the first year to be paid along with the fee for registration, in the case of person registered at any time between the 1st April, and 30^th September	100.00
	N.B.: A year for this purpose will commence on the 1st day of April and end of the 31st day of March following
64.	On application for restoration of the name of a person to the Register of made Marks Agents under rule 156	100.00 (plus continuance fee under entry No. 63)	TMA-2
65.	On application for an alteration of any entry in the Register of Trade Marks Agents under rule 157	20.00	TMA-3
66.	For each addition to the registered entry of a trade mark that may be associated with a newly registered mark	20.00
⁴[67	For search and issue of certificate under rule 24(3)	700.00	TM-60

1. Subs. By G.S.R. 729(E), dated 9^th December, 1991 (w.e.f. 9^th December, 1991).

2. Ibid.

3. Added By G.S.R. 729(E), dated 9^th December, 1991 (w.e.f. 9^th December, 1991).

4. Added By G.S.R. 287, dated 28^th April, 1990 (w.e.f. 12^th May, 1990).

SCHEDULE II

FORMS

[LIST OF FORMS]

Form No.	Section of the Act	Title	Entry number of Schedule 1
(1)	(2)	(3)	(4)
TM-1	18	Application for registration of a trade mark (other than a textile mark or a certification trade mark or a defensive trade mark)	¹[1 to 3]
TM-2		²[ * * *]
TM-3	47	Application for registration of an invented word (or wards) as a defensive trade mark	¹[4]
TM-4	62	Application for registration of a certification trade mark	¹[5]
TM-5	21(1)	Notice of opposition to an application for registration of a trade mark	¹[7]
TM-6	21.46,47(4), 56, 58(2) and rule 105	Form of counter-statement hearing	¹[9]
TM-7	21(5), 46, 47(4), 56, 58(2) and rule 105	Notice of intention to attend	¹[10]
TM-8	64(3)	Notice to the Central Government of opposition to an application for registration of a certification trade mark	¹[11]
TM-9	64(3)	Form of counter-statement in reply to notice to the Central Government of opposition to an application for registration of a certification trade mark	¹[12]
TM-10	64(3)	Notice of intention to attend hearing before the Central Government of an opposition to an application for registration of certification trade mark	¹[13]
TM- 11		²[ * * *]
TM- 12	25	Renewal of registration of trade mark	¹[15 to 17]
TM- 13	25(4)	Restoration of trade mark removed from register for non-payment of renewal fee	¹[18]
TM- 14	16(4)	Application to dissolve the association between registered trade makes	¹[14]
TM-15	Rule 41 (1)	Request for statement of grounds of decision	¹[6]
TM- 16	18(4) 22 and 57	Request for correction of clerical error or for amendment	¹[52]
TM- 17	39(2)	Application for the certificate of the Registrar with regard to a proposed assignment of a registered trade mark	¹[19]
TM- 18	Rule 73	Affidavit in support of statement of case
TM-19	40	Application for the approval by the Registrar of a proposed assignment or of a transmission of a trade mark resulting in exclusive rights in different persons for different parts of India.	¹[20]
TM-20	41	Application for directions for the advertisement of an assignment of trade marks otherwise than in connection with the goodwill of the business	¹[21]
TM-21	41	Application for extension of time in which to apply for the Registrar’s directions for the advertisement of an assignment of a trade marks otherwise than in connection with the goodwill of the business	¹[22]
TM-22	42	Application for consent of the Central Government to the assignment of transmission of a certification trade mark	¹[23]
TM-23	44	Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of title	¹[24]
TM-25	45(3)	Application for extension of time for the registration of the name of a company as subsequent proprietor of a trade mark in the register	¹[26]
TM-26	46, 47(4) or 56	Application for the rectification of the register or the removal of a trade mark from the register	¹[27]
TM-27	rule 96	Application for leave to intervene in proceedings relating to the rectification of the register or the removal of a trade mark from the register	¹[28]
TM-28	49(1)	Application for registration of registered user	¹[29, 30]
TM-29	52(1) (a)	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 the conditions or restrictions	¹[31]
TM-30	52(1) (b)	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 of a registered user thereof	¹[32]
TM-31	52(1)(c) or (d)	Application for cancellation of entry of a registered user of a trade mark	¹[33]
TM-32	Rule 92(2)	Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark	¹[34]
TM-33	57	Request to enter change of name of description of proprietor (or registered user) of trade mark upon the register	¹[35]
TM-34	57	Request for alteration of address in the register of trade marks	¹[36]
TM-35	57(1)(c)	Application by registered proprietor of trade mark for the cancellation of entry thereof in register	¹[39]
TM-36	57(1)(d)	Application by registered proprietor of trade mark to strike out goods from those for which the trade mark is registered	¹[39]
TM-37	57(1)(e)	Request by registered proprietor of a trade mark that a disclaimer or memorandum relating thereto may be registered	¹[39]
TM-38	58	Application by registered proprietor for an addition to or alteration of a registered trade mark	¹[40]
TM-39		Notice of opposition to application for addition to or alteration of a register trade mark	¹[41]
TM-40	59 (rule 105)	Application by the proprietor of a registered trade mark for the conversion of the specification	¹[42]
TM-41	59(2)	Notice of opposition to proposal for the conversion of specification	¹[43]
TM-42	65	Request for the alteration of the deposited regulations for use of a certification trade mark	¹[44]
TM-43	69	Application to the Central Government for an order expunging or varying an entry in the register relating to a certification trade mark or varying the deposited regulations	¹[45]
TM-44	21(1)	Application for extension of time for filing notice of opposition	¹[8]
TM-46	115 and 125	Request for certificate of the Registrar or certified copies of documents	¹[48, 49, 50]
TM-47	Rule 123	Request for entry in the register and advertisement of a note of certificate of validity of the court	¹[51]
TM-48	123	Form of authorisation of agent in a matter or proceeding under the Act
TM-49	62(1)	Regulations for governing the use of certification trade mark
TM-50	Rules 93, 98 and 99	Form of request by a registered proprietor or a registered user of a trade mark to enter alter or substitute on address for service in India	¹[37, 38]
TM-51		²[* * *]
TM-52		²[* * *]
TM-53		²[* * *]
TM-54	Rule 24(1)	Request for search under rule 24(1)	¹[46]
TM-55	103	Request for Registrar’s advice on registrability of a trade mark	¹[47]
TM-56	101	Application for extension of time not being a time expressly provided in the Act or prescribed by rule 81 or by rule 82 (4) or a time for the extension of which provisions is made in the rule under See. 101	¹[53]
TM-57	97 (c)	Application for review of Registrar’s decision	¹[54]
TM-58	Rule 50	Request to Registrar for particulars of advertisement of mark	¹[56]
TM-59	Rule 65(3)	Request for a duplicate or further copy of a certificate of registration	¹[59]
TM-60	Rule 24(3)	Request for search and issue of certification under rule 24(3)	67
TM A-1	Rule 151	Application for registration as a Trade Marks Agent	¹[61]
TM A-2	Rule 156	Application for restoration of the name of a person to the Register of Trade Marks Agent	¹[64]
TM-3	Rule 157	Application for the alteration of an entry in the Register of Trade Marks Agents.	¹[65]

1. Subs. By S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985.).

2. Omitted by ibid.

FORM TM-1

(Fee: Rs. (300.00) See entries Nos. 1 and 2 of First Schedule1

TRADE AND MERCHANDISE MARKS ACT, 1958

APPLICATION FOR REGISTRATION OF A TRADE MARK (OTHER THAN A TEXTILE MARK OR A CERTIFICATION TRADE-MARK OR A DEFENSIVE TRADE- MARK) IN PART A/B OF THE REGISTER

[SECTION 18(1), RULE 25]

(To be filed in triplicate accompanied by ten additional representations

of the trade mark)

One representation to be fixed within this space and ten others to be sent separately.

Representation of a larger size may be folded but must then be mounted upon linen or other suitable material and affixd hereto-See rule 28.

Application is hereby made for registration in Part A¹/ B of the register of the accompanying trade mark in class²

In the case of marks consisting of letters or numerals or any combination thereof relating to textile goods, the item number of the Fifth Schedule should be stated if the goods fall in any of the items of the said Schedule. See Rule 140. in respect of ³in the name(s) of ^{4 5}...................whose address is ⁶................. who claim(s) 1,o be the proprietors) thereof (and by whom the said mark is proposed to be used) or [and by whom and his (their) Predecessor(s) in title ⁷ the said mark has been continuously used since…………19……………] in respect of- the said goods.⁸

⁹ ..................................................................................................

Dated this…………day of………..19………..

¹⁰.............................................................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ¹¹…………….

1. Strike out whichever is not necessary.

2. The Registrar’s direction may be obtained if the class of the goods is not known.

3 Specify the goods. Only goods included in one and the same class should be specified. A separate application form is required for goods falling in each class. A separate application form is required for goods falling in each class.

4. Insert legibly the full name, description (occupation and calling) and nationality of the applicant. In the case of a body corporate or firm the country of incorporation or the names and descriptions of the partners composing the firm and the nature of registration, If any, as the case may be should be stated-See rule 16.

5. The applicant must state the address of his principal place of business in India, if any-See rules 3 and 17. (If the applicant carries on business in the goods for which registration in sought at only one place in India such fact should be stated and the address of the place given. If the applicant carries on business in the goods concerned at more places than one in India the applicant should state such fact and give the address of that place of business which be considers to be his principal place of business. If, however, the applicant does not carry on business in the goods concerned but carries on business in other goods at only one place in India this fact should be stated and the address of that place given; and where the applicant carries on such business at more places than one in India such fact should be stated and the address of the place which he considers to be his principal place of business given. Where the applicant is not carrying on any business in India the fact should be stated and the place of his residence in India, if any, should be stated and the address of that place given. In addition to the principal place of business or residence in India, as the case may be, an applicant may if he so desires give an address in India to which communications relating to the application may be sent)-See rule 19. Where the applicant has neither a place of business nor of residence in India the fact should be stated and an address for service in India given along with his address in his home country abroad.

6. Strike out it the mark is already in use.

7. Strike out the words in italics if not applicable. If user by predecessor(s) in title is claimed the name(s) of such person(s) together with the date of commencement of use by the applicant himself should be stated at. For additional matter if required ; otherwise to be left blank.

8. If there has been no use of the trade mark in respect of all the goods specified at, the items of goods in respect of which the mark has a actually been used should be stated.

9. For additional matter if required ; otherwise to be left blank.

10. Signature of the applicant or of his agent (legal practitioner or registered trade marks agent or person in the sole and regular employment of the applicant-See See. 123)………

11. State the name of the place of the appropriate office of the ‘Trade Marks Registry- See rule 4.

FORM TM-2

¹[ * * *]

1. Omitted by S.O. 171 (E), dated 1st March, 1985 (w.e.f. 1st March 1985).

FORM TM-3

Fee : Rs. [500.00]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for registration of an invented word (or words) as a defensive trade mark in Part A²/ B of the register. Section 47, rule 45

(To be filed in triplicate accompanied by ten representations of the trade mark and a statement of case in triplicate)

One representation to be fixed within this space.

Application is hereby made for registration in Part A¹ /B of the register of the above word(s) as a defensive trade mark in class³………….. in respect of ⁴…….. in the name of ⁵……………..of ⁶ ………….. who is (are) the proprietor(s) of the same trade mark registered in class ⁷……….. in respect of ⁸……………under No…………………

The particulars of the facts on which I/We rely in support of this application are set forth in the accompanying statement of case.

Dated this …………….day of …………… 19……..

⁹……………

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at¹⁰

1. Strike out the words in italics if not applicable. If user by predecessor(s) in title is claimed the name(s) of such person(s) together with the date of commencement of use by the applicant himself should be stated at. For additional matter if required ; otherwise to be left blank.

2. Strike out whichever is not applicable.

3. Registrar’s direction may be obtained if the class is not known.

4. Specify the goods. Only goods included in one and the same class should be specified.

5. Insert legibly the full name, description (e.g. occupation and calling) and nationality of the applicant. In the case of a body corporate or firm the country of incorporation or the names an descriptions of the partners composing the firm and the nature of registration, if any, as the case may be, should be stated- See Rule 16.

6. State here the address as entered in the register in respect of the ordinary registration of the trade mark.

7. State the class in which the applicant’s mark is registered.

8. State the goods in respect of which the mark is registered.

9. Signature of the applicant or of his agent.

10. State the name of the place of the appropriate office of the Trade Marks Registry -See rule 4.

FORM TM-4

[Fee : Rs. [500.00] See entries Nos. 4, and 5 of the First Schedule

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for registration of a Certification Trade Mark under Sec. 62,

rule 127

(To be filed in quadruplicate accompanied by four copies of

the draft regulations with Form TM-49)

One representation to be fixed within this space and ten others to be sent separately. Representation of a larger size may be folded but must then be mounted upon linen of other suitable materials and affixed hereto-See rule 28.

Application is hereby made for registration in Part A of the register of the accompanying Certification Trade Mark in class¹ ………..in respect of ²................ in the name of ³……………. whose address is ⁴……………..

The applicants) is (are) not carrying on business in the goods of the kind for which registration of the said Certification Trade Mark is sought.

Dated………. This…………… day of…………. 19………………

⁵...............

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁶……………..

1. Registrar’s direction may be obtained if the class in not known.

2. Specify the goods. Only goods included in one and the same class should be specified. A separate application form is required for each class.

3. Insert the full name; description (occupation and calling) and nationality of the applicant. If the applicant is a body corporate, the nature and country of incorporation should be stated- See rule 16.

4. Here insert the full address of the applicant. 1Address of the principal place of business or of residence in India, if any (See rules 3 and 17) or address for service in India together with the address in the home country abroad (See rules 16 and 18).

5. Signature of the applicant or of his agent (legal practitioner or registered trade mark agent or person in the sole and regular employment of the applicant-See Sec. 123).

6. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-5

Fee : Rs, [250.00]

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of opposition to application for registration of a trade mark.

See. 21 (1), rule 51

(To be filed in triplicate)

IN THE MATTER OF Application No…………by……………..I (or we)¹ …………hereby give notice of my (or our) intention to oppose the registration of the trade mark advertised under the above number for class………in the Trade Marks Journal, dated the ………day of……….19……….. No……page………

The grounds of opposition are as follows:

.................................................................

²........................................

All communications in relation to these proceedings may be sent to the following address in India³:

Dated this ………….day of………..19………….

⁴…………

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁵…………..

1. State full name and address. An address for service in India should be given if the opponent has no place of business or of residence in India.

2. If registration is opposed on the ground that the mark resembles marks already on the register the numbers of those marks and the Joi imals in which they have been advertised are to be set out. The numbers of any marks in the Refused Textile Marks List that are relied on should also be given.

3. To be stated only by an oppoent who has given the address of his principal place of business or of residence in India but who desires to give for the purpose of the opposition proceedings an address in India different from that address.

4. Signature of the opponent or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4,

FORM TM-6

Fee : Rs. *[50.00]

TRADE AND MERCHANDISE MARKS ACT, 1958

Form of counter-statement (Sections 21, 46, 56 and 58.

rules 52, 95, 102 and 105)

(To be filed in triplicate)

IN THE MATTER OF an opposition No………to application No……… for the registration of a trade mark.

I (or We)¹ ……………the applicant(s) for registration of the above trade mark hereby give notice that the following are the grounds on which I or we rely for my (or our) application :

I or We admit the following allegations in the notice of opposition…………

All communications in relation to these proceedings may be sent to the following address in India²

..................................

Dated this……..day of……..19 ……..

³ ..............

The Registrar of Trade Marks,

The Office of the Trade Marks, Registry at ⁴………….

1. State the full name and address as stated in the application for registration. 1 Subs by G.S.R. 729 (E), dated 9th December, 1991.

2. To be stated only by an applicant who has given the address of his principal place of business in India but who desires to give for the purposes of the opposition proceedings an address in India different from that address.

3. Signature of the applicant or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

* Subs by G.S.R. 729 (E), dated 9^th December, 1991 (w.e.f. 9^th December, 1991)

FORM TM-7

Fee : Rs. [20.00]

TRADE AND MERCFIANDISE MARKS ACT, 1958

Notice of intention to attend hearings. Sections 21, 46, 47 (4), 56 and 58,

rules 59 (1), 95, 102 and 105.

IN THE MATTER OF¹……………….

I (or We)²……………… notice that the hearing in reference to the above matter, which by the official notice to me (or us), dated the…………..day of……….. 19…………… is fixed for …………..a.m. or……………… p.m. at………… the³……………. on the day of………………19………will be attended by me (or us) or by some person on my (our) behalf.

Dated this………… day of………..19

⁴ ........................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵…………..

1. Insert particulars as in the official notice.

2. Insert name and address.

3. Insert the office of the Trade Marks Registry or place at which hearing will take place according to the official notice.

4. Signature of person giving the notice or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-8

Fee .Rs . [250.00]

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice to the Central Government of opposition to an application for registration of a Certification Trade Mark under sub-section (3) of See. 64 of the Act. Rule 130 (1).

(To be accompanied by four copies each of the application and a statement of case)

IN THE MATTER OF an application No…………………….for the registration of a Certification Trade Mark by................................ .....................................................................

I (or We)¹……………. hereby give notice of my (or our) intention to oppose the registration of the Certification Trade Mark advertised under the above number for class …………in the Trade Marks Journal of the ………….day of………19………….. No………… page…………

The grounds of opposition are as follows ²

The facts and matters set forth in the enclosed statement of case are true to the best of my (our) knowledge, information and belief.

All communications in relation to these proceedings may be sent to the following address in India³:

........................................……………..

Dated this……………. day of……….. 19………

⁴…………

The Central Government,

Through the Registrar of Trade Marks.

The Office of the Trade Marks Registry at⁵

1. State full name address-An address for service in India should be stated if the person giving notice has no principal place of business in India-See rules 16 and 18.

2. The grounds should be limited to the matters specified in See. 63 of the Act.

3. To be stated only by an opponent who has given the address of his principal place of business in India but who desires to give for the purpose of they proceedings an address in India different from that address.

4. Signature of the person giving notice or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-9

Fee: [Rs.250]

TRADE AND MERCHANDISE MARKS ACT, 1958

Form of counter-statement in reply to Notice to the Central Government of Opposition to an application for registration of a Certification Trade Mark. See. 64, (3) rule 130(1).

(To be filed in quadruplicate)

IN THE MAITER OF an opposition No………….. to application No………. for registration of a Certification Trade Mark.

I (or We)¹……………………………………………. ...................................... ................. the applicants) in respect of the above-numbered application, hereby give notice that the following are the grounds on which I (or we ) rely as supporting my (or our) application………………..

I (or We) admit the following allegations in the notice of Opposition:

All communications relating to these proceedings may be sent to the following address in India² :

Dated this………….day to…………… 19……………

³..............

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁴…………..

1. Insert name and address as stated in the application for registration.

2. To be stated only by an applicant who has given the address of his principal place of business or of residence in India but who desires to give for the purpose of these proceedings only an address in India different from that address.

3. Signature of the applicant or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

Fee [Rs. 30]

FORM TM- 10

TRADE AND MERCHANDISE MARKS ACT, 1958

Hearing by the Central Government of an Opposition under sub-section (3) of See. 64 of the Act to an application for registration of a Certification Trade Mark. Rule 130 (1).

Notice of attendance at Hearing

I (or We)¹................................................................here by give notice that the hearing by the Central Government of the arguments in the case of opposition No......................... to application No…………… for the registration of a Certificate Trade Mark which is fixed for…………. a.m. or p.m. at the ²…….. on the………… day to………….19…………will be attended by me (or us) or by some person on my (or our) behalf.

Dated this…………… day of…………19……..

³..............

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁴

1. Insert name and address.

2. Insert the place at which hearing will take place according to the official notice.

3. Signature of the applicant or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry See rule 4.

FORM TM- 11

¹ [* * *]

1. Omitted by S.O. 171(E), dated Ist March, 1985 (w.e.f. 1st March, 1985),

FORM TM- 12

[Fee: See entries

Nos. 15 to 17 of

the first Schedule)

TRADE AND MERCHANDISE MARKS ACT, 1958

Renewal of registration to trade mark. See. 25, rules 66 and 67.

I (or We) ¹................................................................................................. .......................... hereby leave the prescribed fee RS for renewal of registration of the Trade Mark No………… in class………..

The notice of renewal of the registration may be sent to the following address in India :

Dated this……………. day of………..19……

².......................

The Registrar of trade Marks,

The Office of the Trade Marks Registry at³

NOTE-This form will be returned if it is filed more than six months before the expiration of the last registration.

1. Insert here the name and address of the registered proprietor.

2. Signature of the registered proprietor or of his agent.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM- 13

[Fee : Rs. (200] plus- renewal fee prescribed in any of the entries

Nos. 15 to 17 of the First Schedule]

TRADE MERCHANDISE MARKS ACT, 1985

Restoration of trade mark removed from register for non-payment of renewal fee.

[Section 25 (4), rule 69]

I (or We)¹………………hereby apply that the trade mark numbered ........................................ in class ………….be restored to the register and the registration of the said trade mark in the class aforesaid be renewed ; and that the notice of restoration and renewal be sent to the following address in India:

Dated this……… day of…………19…..

² …………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ³………………

1. Insert full name, address and nationality of the registered proprietor.

2. Signature of the registered proprietor or of his agent.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM- 14

Fee: Rs. 20

TRADE AND MERCHANDISE MARKS ACT, 1958

Application under Sec. 16(4) of the Act to dissolve the Association between a registered trade mark and (an) other registered trade mark (s). Rule 63(2).

(To be accompanied by a statement of case)

IN THE MATTER OF a Trade Mark No……………registered in class………..

I (or We) ………………..being the registered proprietor (s) or the above-numbered trade mark, hereby apply that the association of this trade mark with the following trade mark (s) registered in my (our) name :

¹[No…………registered in Class

No………registered in Class

May be dissolved and the register amended accordingly.

The grounds for this application are set forth in the accompanying statement of case.

Dated this……… day of ………19…….

²……………..

The Registrar of Trade marks,

The Office of the Trade Marks Registry at ³……………

1. Additional numbers may be given in signed schedule of the reverse of the Form.

2. Signature of the registered proprietor (s) or of his (their) agent.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See Rule 4.

FORM TM-15

Fee: Rs. 50

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for statement of grounds of decision Rule 41 (1)

IN THE MAITER OF ¹…………… the Registrar is hereby requested to state in writing the grounds of his decision dated the………….. day of ……….19……….. after the hearing on the……….. day of……. 19….. and materials used by him in arriving at the decision.

Dated this…………….day of ………….. 19……….

²...............

The Registrar of trade Marks,

The Office of the Trade Marks Registry at ³……………..

1. Insert particulars identifying the application.

2. Signature of the applicant or of his agent.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See Rule 4.

FORM TM- 16

Fee: See footnote

below.

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for correction of clerical error, or for amendment.

Sections 18(4), 22 and 57. rules 43, 93 and 99

IN THE MATTER OF¹…………………………..

I (or We)………………………………

Applicant(s)

Opponent(s)

registered proprietor(s)

registered user(s)

being the__________________in the above matter hereby request that……………………………………………………………………………….

³the registered proprietors).

⁴A copy of this request has been served on___________________________

the registered user(s),

Dated this………….. day of……….. 19…………

⁵.................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁶……………

Fee of⁷ [Rs.20]. No. fee is, however, payable where the request for correction or amendment is made as a result of an order of a public authority or in consequence of a statutory requirement,

1. Insert words and reference number identifying the entry or application or opposition.

2. Strike out words not applicable.

3. Ibid.

4. Strick out if not applicable.

5. Signature.

6. State the name of thee place of the appropriate office of he Trade Marks Registry-See rule 4.

7. Subs. by S.O. 171(E), dated Ist March, 1985 (w.e.f. 1st March, 1985.

FORM TM- 17

Fee : [Rs. 100] for the first trade-mark and [Rs. 20] for every additional trade-mark included in the assignment

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for the certificate of the Registrar under See. 39(2) with reference to

a proposed assignment of a registered trade- mark

Rule 80

(To be accompanied by a statement of case in duplicate and a copy of the proposed assignment)

IN THE MATTER OF Trade Mark(s) No(s)…………….registered in the name of ……………….. in class(es) …………………….

Application is hereby made by ¹………….being the registered proprietors of the abovementioned registered trade mark(s) for the Registrar’s certificate under See. 39(2) with reference to a proposed assignment of the registered trade mark(s) No(s)…………….. to²……….. in circumstances that are stated fully in the accompanying statement of case.

Dated this ……………….day of……….. 19………

³.....................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴

1. Insert the name and address of the registered proprietor.

2. Insert the name, address and nationality of the proposed assignee.

3. Signature of the registered proprietor of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM- 18

To be stamped under the law for the time being in force.

TRADE AND MERCHANDISE MARKS ACT, 1958

Affidavit [only to be furnished when required by Registrar in support of statement of case filed under See. 39(2) or accompanying request under rule 71]

I, ¹……………of ………….do hereby solemnly and sincerely declare that the particulars set out in the statement of case, exhibit marked ……………and left by me in connection with ²…………….. in respect of the Trade Mark No……….. in class ………….are true and comprise every material fact and document affecting the present proprietorship of the Trade Mark, to the best of my knowledge, information and belief.

³[ ………………….

Declared at………….. this……….. day of ……….. 19…….

Before me ⁴

1. Insert full name, address and nationality of deponent.

2. Insert particulars of the proceedings concerned.

3. To be signed here by the person making the declaration.

4. Signature and title of authority before whom affidavit is taken. In India affidavit may be taken before any Court or person having be law authority to receive evidence or before an officer empowered by a Court to administer oath. Outside India affidavit may be taken before a Diplomatic or Consular Officer within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948, of such country or place or before a Notary of the place if the notarial acts done by notaries of the place have been recognised by the Central Government under Sec. 14 of the Notaries Act. 1952.

FORM TM-19

Fee : [Rs. 100] for the first trade-mark and [Rs. 20] for every other trade-mark.

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for the approval by the Registrar under Sec. 40 of a proposed assignment, or of a transmission of a trade mark, resulting in exclusive rights in different persons for different parts of India. Rule 80.

(To be accompanied by a statement of case in duplicate and a copy of the instrument proposed for the assignment or effecting the transmission.)

IN THE MATFER OR Trade Mark(s) ………………¹[Registered under No(s) ……………in class(es) ……………]

Application is hereby made by………………..

*(I)² ………………..the proprietor of the trade mark(s) shown in the accompanying statement of case (registered in his name)³ and (used by him)³ in respect of the following goods ………………for the approval by the Registrar of a proposed assignment of the trade mark(s) to⁴………… in respect of the following goods…………………. to be sold or otherwise treaded in ⁵………………..(and to ⁶…………… in respect of all the following goods…………..to be sold or otherwise traded in………………..) in circumstances that are stated fully in the accompanying statement of case.

* (II) ⁷…………. who claims that the trade mark(s) shown in the accompanying statement of case was (were) in respect of the following goods, namely…………… and on the ⁸……….. day of ……….19…… transmitted to him⁹ who was his predecessor in title.

By or from ¹⁰……………by whom the Trade Mark was then used in respect of the following goods namely…………..all in circumstances that are stated fully in the accompanying statement of case, for the approval by the Registrar of the aforesaid transmission.

All communications relating to this application may be sent to the following address in India:

Dated this……………. day of …………… 19…..

¹¹.........…….

The Registrar of Trade Marks,

The Office of the Trade Marks, Registry at¹²

1. To be struck out in the case of unregistered trade marks.

2. Insert the name and address of the proprietor.

3. Strike out either if not applicable.

4. Insert the name(s) and addresses) of the proposed assignees).

5. Insert the name(s) of the place(s) in India.

6. Strike out the bracketed passage if not required.

7. Insert the name and address of the person who claims a transmission to him.

8. Insert the date of the transmission.

9. Insert the name and address of the predecessor in title, if any.

10. Insert the name and address of the person who transmitted.

11. Signature of the applicant or of his agent.

12. State the name of the place of the appropriate office of the Trade Marks Registry.-See rule 4.

* Delete out paragraph I or paragraph II.

FORM TM-20

Fee [Rs. 601 for the first mark and [Rs.10] for every additional mark.

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for directions for the advertisement of an assignment of trade marks

otherwise than in connection with the goodwill of the business.

Section 41, rule 77(1).

(To be filed in duplicate)

Application is hereby made by ¹……………. for the Registrar’s directions with respect to the advertisement of an assignment of the following trade marks otherwise than in connection with the goodwill of the business in which they²

(had been) (were) used, namely:

³* (I) Registered Trade Marks :

Registration Number	Class	Goods in respect of which the mark has been or is used and is assigned
………………………..	……………..	……………………………….

All of which are or were registered in the name of⁴ …….who is the assignor ;

⁵(II) Unregistered Trade Marks⁶ all being marks which ⁷ [(had been) (were) used in his business in respect of the goods stated below, by ²………of who is the assignor:

¹* Representation Mark	Goods in respect of which the mark has been or is used and is assigned
……………………………..	………………………………………….

The date of assignment was the ……………day of ………19………

The instrument effecting the assignment is sent herewith, together with a copy thereof.

It is suggested that advertisement shall be directed as follows, namely, in……….

All communications relating to this application may be sent to the following address in India:

..………………………….

.......................................

Dated this……………… day of…………… 19……..

⁸...................

The Registrar of trade Marks,

The Office of the Trade Marks Registry at⁹

1. Insert the name, nationality and address of the assignee (applicant).

2. Strike out words not applicable.

3. *Additional marks and registration numbers which cannot be accommodated may be given in a signed schedule on the back of the Form.

4. Insert the name nationality and address of the assignee (applicant).

5. *Additional marks and registration numbers which cannot be accommodated may be given is a signed schedule of the back of the Form.

6. Only those registered trade marks passing by one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here.

7. Strike out words not applicable.

8. Signature of application or of his agent.

9. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-21

Fee: {Rs. 50,100 or 150] for extension of 1, 2 or 3 months respectively

TRADE AND MERCHANDISE MARKS ACT, 1958

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. See. 41. rule 77 (3).

Application is hereby made by¹ ……………….for extension of time of ²........ month (s) in which to apply or the Registrar’s directions for the advertisement of an assignment of the following trade marks otherwise than in connection with the goodwill of the business in which they ³(had been) (were) used, namely:

(I) Registered Trade Marks :

¹Registration Number	Class	Goods in respect of which the mark has been or is used and is assigned
………………………..	……………..	……………………………….

All of which are or were registered in the name of⁴ ……of……..who……. is the assignor ;

(II) Unregistered Trade Marks all being marks which ⁵ [(had been) (were) used in his business in respect of the goods stated below, by ⁶………of ………who is the assignor:

⁷ Representation Mark	Goods in respect of which the mark has been or is used and is assigned
……………………………..	………………………………………….

The date of assignment was the……………. day of……… 19…….

All communications relating to this application may be sent to the following address in India.

..............................

............................

Dated this…………day of…….19…….

⁸ ...................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁹

1. Insert the time and address of the assignee (applicant.)

2. Insert “one”, “two”, or “three”.

3. Strike out words not applicable.

4. Insert the name and address of the proprietor (assignor).

5. Strike out words in applicable.

6. Insert the name and address of proprietor (assignor).

7. Additional marks and registration numbers which cannot be accommodated here, may be given in a signed schedule on the back of the Form.

8. Signature of applicant or of his agent.

9. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-22

Fee: [Rs. 100]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for the consent of the Central Government to the assignment or transmission of a Certification Trade Mark. Sec. 42, rule 133.

(To be filed in triplicate accompanied by three copies of the draft deed of assignment or by an affidavit and two copies of the affidavit).

1 (or We) ¹………………….being the registered proprietor of Certification Trade Mark No……………registered in class(es)…………. hereby apply for the consent of the Central Government to the assignment or transmission of the aforesaid Certification Trade Mark to ² …………….

³A draft deed of the proposed assignment is transmitted herewith.

⁴The circumstances under which the transmission takes place are set forth in the accompanying affidavit.

Dated this ……….day of………. 19

⁴......................

The Central Government.

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁵………………

1. Insert the name, address and nationality of the registered proprietor.

2. Insert name, address, nationality and description of the proposed transferee.

3. Strike out one of these paragraphs not required in any particular

4. Signature of the registered proprietor or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-23

Fee . See entries Nos. 24 and 25 of the First Schedule]

TRADE AND MERCHANDISE MARKS ACT, 1958

Joint request by registered proprietor and transferee to register the transferee as subsequent proprietor of trade marks upon the same devolution of tile sec. 44. rule 71..

We¹……………….and²…………hereby request, under rule 71, that the name of³……………carrying on business as⁴……… at ⁵………,may be entered in the Register of Trade Marks as proprietor of the trade marks(s) No.⁶ ………in class………as from the ⁷…….by virtue of ⁸…….of which the original and an attested copy are enclosed herewith.

The assignment of the trade mark was⁹(not made otherwise than in connection with the goodwill of the business in which the marks (had been) (was) used9 (and there is sent herewith copy of the Registrar’s direction to advertise the assignment. a copy of each of the advertisements, complying therewith, and a statement of the dates of issue of any publications containing them).

We declare that the facts and matters stated therein are true to the best of our knowledge, information and belief.

Dated this…………. day of ………….19……….

¹⁰…………………………

^11.. ....................................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ¹²………………

1. Full name, address and nationality or registered proprietor, or other assignor or transmitter.

2. Full name, address and nationality of transferee.

3. Name of transferee.

4. Description of transferee (calling or profession).

5. Address of the principal place of business in India, if any. of transferee. If there is no place of business in India state the address of the place of residence in India. If there is not even a place of residence in India state the address in the home country abroad and an address for service in India.

6. Additional numbers may be given in a signed schedule on the back of the Form.

7. Date of acquisition of proprietorship.

8. Full particulars of the instrument of assignment or transmission, if any, or statement of case.

9. Strike out any words not applicable (See rule 78).

10. Signature of assignor or transmitter of or his agent.

11. Signature of transferee of or his agent.

12. State the name of the place of the appropriate office of the Trade Marks Registry-see rule 4.

FORM TM-24

Fee: See entries Nos. 24 and (25 of the First Schedule)

TRADE AND MERCHANDISE MARKS ACT, 1958

Request to register a subsequent proprietor of a trade mark or trade marks upon the same devolution of title. Section 44, rule 71.

I (or We) ¹……………………………………hereby request that may (or our) name may be entered in the Register of Trade Marks as proprietor of trade mark(s) No(s)²………………… in Class…………. as from the³.............. ................................................................................................

I am (or We are) entitled to the trade mark(s) by virtue of ⁴………… of which e original and an attested copy are enclosed herewith.

The assignment of the trade mark was⁵ (not) made otherwise than in connection with the goodwill of the business in which the mark’ (had been) was used (and there is sent herewith a copy, of the Registrar’s direction to advertise the assignment, a copy of each of the advertisements complying therewith, and a statement of the dates of issue of any publication containing them).

I (or We) declare that the facts and matters stated herein are true to the best to my (or our) knowledge, information and belief.

Dated this……….. day of………. 19…………

⁶.................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁷

1. Insert full name, address of the principal place of business in India, if any, nationality and description of the applicant. If there is no place of business in India, state the address of the place of residence in India, if any. If there is not even a place of residence in India state the address in the home country abroad and a address for service in India.

2. Additional numbers may be given in a signed schedule on the back of the Form.

3. State the date of acquisition of proprietorship.

4. Insert full particulars of the instrument of assignment or transmission, if any, or statement of case.

5. Strike out any words not applicable (See rule 78).

6. Signature of transferee or of his agent.

7. State the name of the place of the appropriate office of the Trade marks Registry-See rule 4.

FORM TM-25

Fee: [Rs. 40, 60, 90] for 2, 4 or 6 Months Extension respectively.

TRADE AND MERCHANDISE MARKS ACT, 1958

Application under Sec. 45(3) for extension of time for the registration of the name of company as subsequent proprietor of a trade mark in the register, Rule 81

Application is hereby made by ¹…………… for an extension of time by² ...……..months of the period of six months allowed by Sec. 45(3), and rule 81 for registering the name of ³ …………by virtue of a single assignment as proprietor of the following trade mark(s) registered upon applications) conforming to sub-section (1) of Sec.45.

⁴ Registration Number	Class
………………………………………	………………………………….

All communications relating to this application may be sent to the following address in India :

........................

Dated this ………….day of………. 19………

⁵.....................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁶……………..

1. Insert the name and address of the applicant.

2. Here insert “two” or “four” or “six”.

3. Insert the name of the company to be registered as subsequent proprietor.

4. Additional numbers may be given in a signed schedule on the back of the Form.

5. Signature.

6. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-26

Fee: Rs. 500

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for the rectification of the register or the re ova of trade mark from the register. Sections 46, 47(4) or 56, rule 94.

(To be filled in duplicate/triplicate along with a statement of case in duplicate/ triplicate and accompanied by as many copies of each of them as there are registered users under the registration).

IN THE MATTER OF TRADE MARK No. ……………..registered in the name of ……….. in class …………..

I (or We)¹ hereby apply that the entry in the register in respect of the above-mentioned trade mark may be (removed)² (rectified) in the following manner:

The grounds of my (our) application are as follows:

.............................................................................................................................…………………………………………………………………………………………………..…......................................................................................................……………

The³ ……………..Office of the Trade Marks Registry has been entered in the Register as the appropriate office in relation to this trade mark.

NO action concerning the trade mark in question is pending in any Court.

All communications relating to these proceedings may be sent to the following address in India⁴

...................................

Dated this …………. day of………….. 19.

⁵..................

Trade Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁶……………..

1. State full name, address and nationality. An address for service in India should be stated if the applicant has no place of business or of residence in India-See rule 18.

2. Strike out the word that is not applicable.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

4. To be stated only by an applicant who has given the address of the principal place of business or of residence in India but who desires to give for the purpose of these proceedings an address in India different from the address.

5. Signature.

6. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-27

Fee: Rs. 100

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for leave to intervene in proceedings relating to the rectification of the register or the removal of a trade-mark from the register. Rule 96.

IN THE MAITER OF the Trade Mark No…………. registered in the name of………… in class………………..

I (or We)¹hereby apply for leave to intervene in the proceedings relating to the rectification or removal of the entry in the register in respect of the above-mentioned trade-mark.

My (our) interest in the trade mark is

All communications relating to these proceedings may be sent to the following address in India:

…...................

.......................

Dated this…………. day of …………..19….

²...............

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ³[………………..]

1. State full name, address and nationality.

2. Signature.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-28

Fee: [See entries Nos. 29 and 30 of the First Schedule.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for registration of registered user. Section 49, rule 82

(To be filed in triplicate accompanied by the agreement in writing between the registered proprietor and the proposed registered user or a duly authenticated copy thereof, the other documents mentioned in rule 82(1), an affidavit setting forth particulars and statements as required by rule 82(2), and by two copies of each of the aforesaid documents)

Application is hereby made b ¹………………….. who is )or are) the registered proprietor(s) of Trade Mark(s) No.(s)² …………….. registered in class……….in respect of³…………..and by⁴………….. that the said⁵…………… may be registered as a registered user of the above-mentioned registered, trade mark(s) in respect of⁶…………..subject to the following conditions and restriction⁷: -

⁸(The proposed permitted use is to end on the………..day of……… 19……

⁸(The Proposed permitted use is without limit or period.)

Dated this…………day of…………… 19……..

⁹…………………………

¹⁰…………………………

The Registrar of Trade Marks,

The Office Of the Trade Marks Registry at¹¹

1. Insert full name, address and nationality of the registered proprietor.

2. Additional numbers may be given in a signed schedule on the back of the Form.

3. Here insert the specification as in the register.

4. Here insert the full name, description (calling or occupation), nationality and address of the principal place of business in India, If any, of the proposed registered user. If there is no place of business in India, state the address of the place of residence in India, If any. If there is not even a place of residence in India, state the address in the home country abroad and an address for service in India.

5. Insert name, of proposed registered user.

6. Insert designation of goods (which must be comprise within the specification).

7. Write none if there are no conditions or restrictions.

8. Strike out the words that are not applicable.

9. Signature of registered proprietor or of his agent.

10. Signature of proposed registered user or of his agent.

11. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-29

Fee: [See entries Nos. 31 of the First Schedule.]

TRADE AND MERCHANDISE MARKS ACT, 1958

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 the condition or restriction Section 52(1) (a), rule 89.

(To be filed in triplicate accompanied by a statement in triplicate of the grounds for the application and the written consent in triplicate (if. given) of the registered user.]

Application is hereby made by¹ …………….the proprietor of Trade Mark(s) No.².....………. registered in class…………..in respect of³………….. that the registration of⁴………......... as a registered user of the above mentioned trade Mark(,s) in respect of⁵ may be., varied in the following manner⁶…………

Dated this…………..day of…………. 19………

⁷………………………

The Registrar of Trade Marks,

The Office Of the Trade Marks Registry at⁸……….

1. Insert full name, address of the registered proprietor.

2. Additional numbers may be given in a signed schedule on the back of the Form.

3. Insert the specification as in the register.

4. Insert the full name and address of the registered user.

5. Insert the goods inrespect, which the registered user is registered.

6. State the manner in which the entry should be varied.

7. Signature of registered proprietor or of his agent.

8. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-30

Fee: [See entries Nos. 32 of the First Schedule.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application by the registered proprietor of a trade mark Or by any of the registered users of the trade mark for cancellation of entry of a registered user thereof Section 52 (1) (b), rule 90 (1).

(To be filed in triplicate accompanied by a statement in triplicate of the grounds for the application.)

No. 5 Application is hereby made by¹ …………….being (the registered proprietor)² (a registered user) of Trade Mark(s) No.³.....………. registered in class…………..in respect of⁴………….. for the cancellation of the entry under the above mentioned registration(s) of5………......... as a registered user of the above mentioned trade Mark(s) in respect of⁶ …………

Dated this…………..day of…………. 19………

⁷………………………

The Registrar of Trade Marks,

The Office Of the Trade Marks Registry at⁸……….

. Insert the full name and address of the applicant or the applicants.

2. Strike out the words that are not applicable.

3. Additional numbers may be given in a signed schedule on the back of the Form.

4. Insert the specification as in the register.

5. Insert the full name and address of the registered user whose entry is sought to be cancelled.

6. Insert goods in respect of which registered user mentioned at 5 is registered.

7. Signature.

8. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-31

Fee: [See entries Nos. 33 of the First Schedule.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for cancellation of entry of a registered user of a trade Mark Section 52 (1) (c) or (d), rule 90 (1)

(To be filed in triplicate accompanied by a statement in triplicate of the grounds for the application)

IN THE MATTER OF TRADE MARKS (S) No. (s)¹……………….. registered in class ............ in the name of² …………….

Application is hereby made by³……......... for the cancellation of the entry under the above mentioned registration(s) of⁴ …………..as the registered user there thee of in respect of⁵……………

The grounds of this application, particulars of which are given in detail in the accompanying statement of case are ⁶………………..

All communications relating to this application may be sent to the following address in India⁷

⁸........................

Dated this…………… day of………… 19….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁹…………..

1. Additional numbers may be given in a signed schedule on the back of the Form.

2. Insert the name of the registered proprietor.

3. Insert the name, address and nationality of the applicant for cancellation.

4. Insert the name, address and description of the registered users entered in the register.

5. State the goods in respect of which registered user is registered.

6. Insert one or more of the sub-clauses of Cl. (c) of See. 52(1).

7. To be stated only by an applicant who has given the address of the place of business of residence in India but who desires to give for the purpose of these proceedings an address different from that address.

8. Signature

9. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-32

Fee: Rs. 100

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of intention to intervene in proceedings for the variation or cancellation of an entry of a registered user of a trade mark Rule 92 (2).

(To be filed in triplicate accompanied by a statement in triplicate of the grounds of intervention).

IN THE MATTER OF Trade Mark No …………….registered in class ………….in the name of¹……………

And

IN THE MATTER OF registration of² …………….thereunder as a registered user of the mark.

I (or We)³…………. hereby give notice of my (our) intention to intervene in the proceedings in the above matter.

All communications relating to these proceedings may be sent to the following address in India:

.......................

Dated this……………day of………… 19.……

⁴………………………

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at ⁵…………..

1. Insert the name of the registered proprietor.

2. Insert the name and address of the registered user.

3. Insert the full name, address and nationality of person giving notice.

4. Signature of the person giving notice or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-33

Fee: [See entries Nos. 35 of the First Schedule and Foot note below]

TRADE AND MERCHANDISE MARKS ACT, 1958

Request to enter change of name or description of registered proprietor (or registered user) of trade marks upon the register. Section 57, rules 93, 99

I (or We)¹………………. hereby request that my (or our) name(s) and description(s) may be entered in the Register of Trade Marks as² proprietor(s)/registered user(s) of the Trade Mark(s) No³…………..registered in class…………..

²_{the
said trademark.}

^{1 am
(we are) entitled to use} the said trade as mark registered user(s)

There has been no change in the actual proprietorship²/identity of registereduser(s) of the said trade mark, but⁴ ………….

The entry at present standing in the register gives my (or our) name(s) and description(s) as follows:

........................

⁵A copy of this request has been served upon the registered user(s)/proprietor(s).

Dated this………… day of….. 19…..

⁶………………………..

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁷…………….

FOOTNOTE. -Fee for the first mark Rs. 20; for every additional associated mark Rs. 10. No fee, however, is pay able where the application for alteration or change of name is made as a result of an order of a public authority or in consequence of a statutory requirement ⁸[as per law in India].

1. Insert present name and address of registered proprietor or registered user.

2. Strike out the words that are not applicable.

3. Additional numbers may be given in a signed schedule on the back of the Form.

4. State the circumstances under which the change of the name took place.

5. Strike out if not applicable.

6. Signature of applicant or of his agent.

7. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

8. Added by G.S.R. 729 (E), dated 9^th December, 1991 (w.e.f. 9th December, 1991).

FORM TM-34

Fee: [See entries Nos. 36 of the First Schedule and footnote below]

TRADE AND MERCHANDISE MARKS ACT, 1958

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. Section 57, rules 93, 98, 99.

IN THE MATTER OF Trade Mark(s) Nos. ¹………….. registered in class………

I (or We)……….. of……………being the registered (Proprietor²/user) of the trade mark(s) numbered as above, request that the address of my (our) principal place of business ³(or residence) in India or address in my (our) home country abroad in the Register of Trade Marks be altered to……………

³The change of address was ordered by⁴ ……………. On the day of ………..19…. An officially certified copy of the order is enclosed herewith.

A copy of this request has been served on the registered (Proprietor²/ user)

Dated this ……….day of ………19…..

⁵ .......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁶………..

FOOTNOTE. -Fee for the first marks ⁷[Rs. 20]: for every additional associated mark [Rs. 20) No fee is, however payable in case the alteration is made as a result of an order of a public authority ⁸[in India].

1. Additional numbers may be given in a signed schedule on the back of the Form.

2. Strike out word(s) not applicable.

3. Strike out if not applicable.

4. Insert the name of the public authority ordering the change and the date thereof.

5. Signature of the registered proprietor/user or of his agent.

6. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

7. Subs. by S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

8. Added by G.S.R. 729 (E), dated 9^th December, 1991 (w.e.f 9th December. 1991).

Fee: [20]

FORM TM –35

TRADE AND MERCHANDISE MARKS ACT, 1958

Application by registered proprietor of trade mark for the cancellation of entry thereof in the register. Section 5 (1) (c), rule 99.

IN THE MATTER OF Trade Mark No …………….Class…………

Name of registered proprietor…………………..

Address as entered in the register……………….

Application is hereby made by the aforesaid registered proprietor that the entry in Part A¹/B of the Register of Trade Marks of Trade Mark No………… in class ....... may be cancelled.

²A copy of the application has been served on the registered user (s)

Dated this ……….day of ………19…..

³ .......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴………..

1. Strike out whichever is nt necessary.

2. Strike out if not applicable.

3. Signature of the registered proprietor/user or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORMS TM-36

Fee: [Rs.20.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application by registered proprietor of trade mark to strike out goods from those for which the trade mark is registered. Section 57 (1) (d), rule 99

IN THE MATTER OF Trade Mark No………………….

Name and address of the registered proprietor……………………….

Application is hereby made by the aforesaid registered proprietor for the striking out of¹…………. from the goods for which the Trade Mark No………… is registered in class……………..

²A copy of this application has been served on the registered user(s).

Dated this………… day of…….. 19 …..

³.....................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴………..

1. Designate the goods of the struck out.

2. Strike out if not applicable.

3. Signature of the registered proprietor or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-37

Fee: [Rs.20.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Request by registered proprietor of a trade mark that a disclaimer or memorandum relating thereto may be registered. Section 57 (1) (e), rule 99

IN THE MATTER OF Trade Mark No………………….registered in class……….

Application is hereby made by¹…………..being the registered proprietor of the Trade Mark numbered as above for the addition to the entry in the register in connection with the said trade mark registered on the class aforesaid of the following namely: -

²A copy of this application has been served on the registered user(s).

Dated this………… day of…….. 19 …..

³.....................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴………..

1. Insert the full name and address of the applicant or the applicants.

2. Strike out the words that are not applicable.

3. Signature of the registered proprietor/user or of his agent.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-38

Fee: [See entries Nos. 10 of the First Schedule and footnote below]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application by registered proprietor under Sec. 58 for an addition to or alteration of a registered trade mark Rule10.

IN THE MATTER OF Trade Mark No………… registered in class………….

Application is hereby made by¹ …………….. being the registered proprietors of the registered trade mark numbered as above for leave to add to or alter the said trade mark in the following particulars, that is to say²

…............…………..

Twelve copies of the marks as it will appear when so altered are filed herewith.

³A copy of this application and a copy of the mark as it will appear when so altered have been served on the registered user(s).

Dated this………..day of…………….. 19 ……………

⁴.......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵………..

FOOTNOTE. -Fee [Rs. 200]; in the case of associated trade marks fee for the first registration, for each additional registration ¹[Rs. 100]. No fee is, however, payable in case the addition to or alteration of the mark is made as a result of an order of a public authority or in consequence of a statutory requirement.

1. Insert name and address of the registered proprietor.

2. Fill in the full particulars.

3. Strike out if not applicable.

4. Signature of the registered proprietor/user or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

Fee: [Rs.150.]

FORM TM-39

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of opposition to application for addition to or alteration of a registered trade mark [Section 58 (2), rule 102 (2)]

(To be filed in triplicate)

IN THE MATTER OF Trade Mark No………… registered in class………….

I (or We)¹ ……… hereby giving notice of my (or our) intention to oppose the addition to or alteration of the trade mark numbered and registered as above, so that it shall be in the form shown in the application advertised in the Trade Marks Journal of the……… day of ………. 19……. No………. Page………..

The grounds of opposition are as follows ......................................

The ……………office²of the Trade Marks Registry has been entered in the register as the appropriate office in relation to the trade mark.

All communication relating to these proceedings may be sent to the following address in India³:

Dated this………..day of…………….. 19 ……………

⁴.......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at²………..

1. State full name and address. An address for service in India should be stated if the person giving notice has no place of business or of residence in India.

2. To be stated only by an opponent who has given the address of his principal place of business or of residence in India but who desires to give for the purpose of these proceedings an address in India different from that address.

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

4. Signature of the person giving notice or of his agent.

FORM TM-40

Fee: [Rs. 100.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Application by the proprietor of a registered trade mark for the conversion of the specification. Rule 105 (1)

IN THE MAFTER OF Trade Mark No………………….

Registered in the name of…………….. in class………….. registered in the name of the ........ in class …………….of the Fourth Schedule.

Application is hereby made by¹………….. the registered proprietor of the above numbered trade mark for the conversion of the specification of the above mentioned registration and ²the specification(s) of the registered user(s) thereunder in consequence of the amendment of the Fourth Schedule to the Trade and Merchandise Marks Rules, 1959.

The specifications) entered in the register in accordance with the said Schedule prior to amendment is (are):

........................................................................................................

It is requested that the Registrar should propose the following specifications in accordance with the amended schedule:

Class…………………..

³A copy of this application has been served on the registered user(s).

Dated this………..day of…………….. 19 ……………

⁴.......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵………..

1. Insert name and address of the registered proprietor.

2. Cancel the words in italics, if there are no registered users.

3. Strike out if not applicable.

4. Signature of the registered proprietor/user or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-41

Fee: [See entries Nos. 45 of the First Schedule.]

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of opposition to proposal for conversion of specification under Sec. 59 (2) Rule 105(4).

[To be filed in triplicate accompanied by a statement in triplicate showing how the proposed conversion would be contrary to Sec. 59 (l)]

IN THE MATTER OF Trade Mark(s) Nos. ¹………….. registered in the name of …………..in class………of the Fourth Schedule.

I (or We)² …………….. hereby give notice of my (or our) intention to oppose the proposal for the conversion of the specifications) of the trade mark(s) advertised in the Trade Marks Journal of the ………. day of……………19……………. No……….. Page

The grounds of opposition are as follows:

.................................................................................………………………..

The …………..office of the Trade Marks Registry has been entered in the register as the appropriate office in relation to the trade mark(s).

All communications relating to these proceedings may be sent to the following address in India³:

Dated this ……….day of ………19…..

⁴ .......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵………..

1. The numbers of more than trade mark (being associated trade marks) dealt with the same proposal may be given provided the specifications are the same and the marks are associated.

2. State full name and address. An address for service in India should be stated if the person giving notice has no place of business or of residence in India.

3. To be stated only by an opponent who has given his place of business or of residence in India but who desires to give for the purpose of the opposition an address in India, which is different from that address.

4. Signature of the person giving notice or of his agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-42

Fee: See entry No. 44 of the First Schedule

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for the consent of the Central Government to alteration of the deposited regulation governing the use of a certification trade mark. Sec. 65 (2), rule 132.

(To be accompanied by two duplicates of the application and four copies of the regulation having the proposed alterations shown in red therein)

Application is made by¹……………… who is (or are) the proprietors) of the Certification Trade Mark(s) Nos. 5 ²registered in class………. in respect of³ ………………that the deposited regulations governing the use of the said marks may be altered in the manner shown in red in the accompanying copies of the regulations are proposed to be altered, and for the consent of the Central Government to such alterations.

Dated this………….day of .... 19 .

⁴....................

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵ …………………

1. State the name and address of the proprietors as registered.

2. If the name regulations apply to more than one registration of certification trade marks entered in the register as associated marks. the numbers of all the registrations should be stated.

3. State the specifications of the respective registrations.

4. Signature.

5. State the name of the place of the appropriate office of the Trade Marks Registry – See rule 4.

FORM TM-43

Fee: Rs. 100

TRADE AND MERCHANDISE MARKS ACT, 1958

Application to the Central Government for an order expunging or varying an entry in the register relating to a certification trade marks or varying the deposited regulations See. 69, rule 131.

(To be accompanied by the three copies each. of the application and of a statement of case)

IN THE MATTER OF CERRIFICATION TRADE MARK NO ……………… registered in the name of………… in class ..……

I (or We)¹……………….being an aggrieved person (s), hereby apply for an order of the Central Government that-

1. ²The entry in the Register in respect of the above-mentioned Certification Trade Mark may be ³expunged /varied in the following manner:

2. ³The deposited regulations governing the use of the above-mentioned Certification Trade Mark may be varied in the following manner:

...................................…………………………………………………………………….

The grounds of my (our) application are as follows ⁴ :

…………………………………………………………………………………………

The facts and matters set forth in the enclosed statement of case are true to the best of my (our) knowledge, information and belief.

All communications relating to these proceedings may be sent to the following address in India ⁵:…………………………

.............................................................................................................

Dated this……….. day of ……..19 ……..

⁶……………………………….

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁷……………

1. State full name, address and nationality. An address for service in India should be stated if the applicant has no place of business or of residence in India-See rule 18.

2. Strike out either paragraph if not applicable.

3. Strike out word not applicable.

4. Specify any of the grounds set forth in Cls. (a) to (d) of Sec. 69.

5. To be stated only be an applicant who has given the address of the place of business or of residence in India but who desires to give for the purposes of these proceedings an address in India different from that address.

6. Signature.

7. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

Fee: Rs. 10

FORM TM-44

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for extension of time for giving notice of opposition Sec.21 (1), rule 51 (2)

IN THE MATTER OF APPLICATION NO………………………

I (or We)¹……………. hereby apply for extension of time of²……………. For giving for giving notice of opposition to the registration of the trade marks advertised under the above numbered for class……. in the Trade Marks Journal dated the……....... day of…….. 19 ….

The reasons for making this application are as follows ...................................

All communications relating to this application may be sent to the followings address in India³:

...................................................................................................................

Dated this……….. day of ……..19 ……..

⁴……………………………….

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵……………

1. State full name and address.

2. Insert the period of extension required which shall not exceed one month beyond three months from the date of advertisement or re-advertisement, as the case may be of the application in the journal.

3. To be stated only where the address given at is not an address in India.

4. Signature.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-45

Fee: See entry No. 61 of the First Schedule

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for continuance of Mark in the Refused Textile Marks List. Sec. 73 (2) (proviso), rule 145.

I (or We)¹………..hereby apply that the Mark No………….. in class………… entered in the Refused Textile Marks List Maintained under the Trade Marks Act, 1940, be continued in the said List for a period of seven years from the date of this application.

All communications relating to the application may be sent to the following address in India:

......................……………………...........................................................................................

Dated this……….. day of ……..19 ……..

²……………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at³……………

1. Insert full name, address and nationality for proprietor.

2. Signature.

3. State the name of the place of the head office of the Trade Marks Registry.

FORM TM-46

Fee: See entry No. 48, 49 and 50 of the First Schedule

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for certificate of the Registrar (Secs. 1 15 or 125. Rules 1 19 and 120)

IN THE MATTER² OF Trade Mark No……….. Registered in………. Class .............

I (or We)³……………hereby request the Registrar to furnish me (us) with ⁴ his certificate to the effect that¹ a certified copy of ......... that⁵ a certificate of the registration of trade mark for use in obtaining registration in⁶………….

⁴The certificate/certified copy may be sent to the following address in India⁷............................................................................................................................

Dated this……….. day of ……..19 ……..

⁸………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁹……………

1. State the name of the place of the head office of the Trade Marks Registry.

2. These words may be varied to suit other cases.

3. Insert name address and nationality of the person making the request.

4. Strike out words that are not applicable.

5. Set out the particulars, which the Registrar is required to certify or state particulars of the document of which a certificate copy is required.

6. Insert the name of country or State.

7. To be stated only where the address given at³ is not an address in India.

8. Signature.

9. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-47

Fee: Rs. 20

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for entry in the register and advertisement of a note of certificate of validity by the High Court under rule 123

IN THE MAITER OF Trade Mark No…………….. registered in class………… in the name of…………………..

I(or We)¹………………here by request the Registrar to add to the entry relating to the above numbered trade mark in the register, and to advertise in the Trade Marks Journal, a note that in²……………….. the High Court certified that the validity of the said registration came into question and was decided in favour of the proprietor of the trade mark in the tern-is of the accompanying officially certified copy of the certificate of validity.

Dated this……….. day of ……..19 ……..

³……………………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴……………

1. State the name and address of the registered proprietor.

2. State the nature of the proceedings with the names of the parties to them in which the certificate was given.

3. Signature.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-48

To be stamped under the law for the time being in force

TRADE AND MERCHANDISE MARKS ACT, 1958

Form of Authorisation of Agent in a matter or proceeding under the Act

(Sec. 123 and rule 21)

I (or We)¹…………….hereby authorise²……………of……………to acts as my (or our) agent for³………………and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.

I (or We) hereby make all previous authorisations, if any, in respect of the proceeding.

Dated this……….. day of ……..19 ……..

⁴……………………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵……………

1. Insert full name address and nationality- See rule 16.

2. Insert name and address of agent (legal practitioner, registered trade marks agent or a person in the sole and regular employment of the person appointing the agent).

3. State the particular matter or proceeding for which the agent is appointed, giving the reference number if known.

4. To be signed by the person appointing the agent.

5. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-49

TRADE AND MERCHANDISE MARKS ACT, 1958

(See 61 (1) rule 127 (1)

(To be accompanied by four copies of the draft regulations)

Regulations for governing the use of Certification Trade Mark No…………in class………..in respect of¹……………

(For Official Use)

Advertised In the Trade Marks Journal No at page on the ............ day of……………….

(Date of application and registration…………..19………………..)

1. Here specify the goods.

FORM TM-50

Fee: See entry No. 37 and 38 of the First Schedule

TRADE AND MERCHANDISE MARKS ACT, 1958

Form of request by a registered proprietor or a registered user of a trademark who has no principal place of business in India, to enter, alter or substitute an address for service in India as part of this registration.

(Rules 93, 98, 99).

Request is made by¹……………..who is the registered²proprietor (user) of Trade Mark(s) Nos ………………³registered in class………………for the⁴addition, alteration or substitution of an address for service in India in or to the entry thereof so that, the address for service in India may read⁵,……………

Dated this……….. day of ……..19 ……..

Signature…………………

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁶……………

NOTE. -A registered proprietor or a registered user whose address for service in India has been altered by a public authority so that the changed address designates the same premises as before may make also the statement for which there is provision on the back of this Form in order to avoid payment of fees.

(To appear on the back of this Form)

(For use only in case an address for service in India is changed by a public authority, without change of premises.)

The change of address for service in India for the entry of which application is made on the other side of this Form was ordered by * ............... ........................................ on the ……. day of…………… 19….. An officially certified copy of the order is enclosed herewith.

Dated this………….day of………….19…………….

**....................

NOTE. -If the above statement be made and an officially certified copy of the order by the named authority necessitating the alteration be supplied, the Registrar if satisfied as to the facts of the case will not require any fee to be paid on Form TM-50 (See rule 98 (3)].

* Here insert the name of the public authority ordering the change and date thereof.

** Signature.

1. Here insert the full name and address of the person making the request.

2. Strike out one of the words “proprietor” or “user” as the case may be.

3. Additional numbers (where the marks are entered in the register as associated trade marks) may be given in a signed schedule on the back of the Form.

4. Cancel the works that are not applicable.

5. State here the precise entry or changed entry desired.

6. State the name of the place of the appropriate office of the Trade Marks Registry-See-Rule-4,

FORM TM-51

¹ [* * * *]

FORM TM-52

²[* * * *]

FORM TM-53

³[* * * *]

1. Omitted by S.O. 171 (E), dated Ist March, 1985 (w.e.f. 1^st March, 1985).

2. Omitted by ibid.

3. Ibid.

FORM TM-54

[Rs. 501

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for search under rule 24 (1)

The Registrar is hereby requested under rule 24 (1) to search in Class ¹................... in respect of ²…………. to ascertain whether any Trade Marks are on record which resemble the Trade Mark sent herewith in triplicate [each representation being mounted on a sheet of strong paper approximately 13 inches by 8 inches (or 33 centimeters by 20 centimetres) in size.]

Dated this…………….day of…………….19 ….

³ ......................

⁴.......................

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁵…………….

FOOTNOTE. -No fee is payable in cases where the directions of the Central Government for exemption from payment of fee have been obtained.

1. The Registrar’s direction may be obtained if the class is not known.

2. Here specify the goods (in the class stated) in respect of which the search is to be made.

3. Signature.

4. Addresses in India.

5. State the name of the place of the office of the Trade Marks Registry within whose territorial limits the place stated in the address at⁴ is situate.

FORM TM-55

Fee: Rs. 50

TRADE AND MERCHANDISE MARKS ACT, 1958

Request for Registrar’s preliminary advice as to distinctiveness or capability of distinguishing, by a person proposing to apply for the registration of a trade mark.

1 (or We)¹ ……………………..hereby request the Registrar to advise me (or us) whether the accompanying trade mark²appears to him prima-facie to be inherently adapted to distinguish or capable of distinguishing my (or our) goods so as to comply with the requirements of Sec. 9 of the Act for registrability in Part A or Part B of the register.

The goods in respect of which I (or we) propose to apply for registration of the said trade mark are³……………. in Class⁴…………..

The Registrar’s advice may be sent to the following address in India⁵:

Dated this……….. day of ……..19 ……..

⁶……………………………….

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁷……………

FOOTNOTE. -If and when an application is made to register the trade mark, objection may arise if identical or deceptively similar marks are found on the records of the Trade Marks Registry. A prior notification of any such relevant marks (if they are to be found) can be obtained by a request to the Registrar on Form TM-54.

1. State the name and address in full.

2. To be sent in triplicate each representation being mounted on a sheet of strong paper approximately 13 inches by 8 inches (or 33 centimetres by 20 centimetres) in size.

3. Here specify the goods. Only goods included in one and the same class should be specified. A separate form of request is required for each class.

4. Insert the number of class (if known). In case of doubt the Registrar’s direction may be obtained.

5. State only if the address give at 3is not of a place of India.

6. Signature.

7. State the name of the place of the office of the Trade Marks Registry within whose territorial limits the place in the address in India stated in this request is situate.

Fee: Rs. 50 per Month

FORM TM-56

TRADE AND MERCHANDISE MARKS ACT, 19.58

Application for extension of time (not being a time expressly provided in the Act or prescribed by rule 81 or by rule 82 (4) or a time for the extension of which provision is made in the rules Sec. 101 Rule 106.

IN THE MAITER OF¹ ………………………….

I (or We)²……………..being the……………..in the above matter hereby apply for an extension of time of³ …………..for⁴ …………… on the following grounds:

Dated this……….. day of ……..19 ……..

⁵……………………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁶……………

1. Here insert words and reference number identifying the matter in respect of which the application is made.

2. State full name and address.

3. Insert the period of extension required.

4. State the purpose for which extension of time is required.

5. Signature.

6. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

Fee: Rs. 200.

FORM TM-57

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for review of Registrar’s decision

Sec. 97 (c)., rule 115

(To be filed in triplicate together with a statement in triplicate- Vide Rule 115)

IN THE MATTER OF¹ ………………

I (or we)²……………being the ……………….in the above matter hereby apply to the Registrar for the review of his decision dated the ………….day of …………..19……. in the above matter.

The grounds for making this application are set forth in the accompanying statement.

Dated this……….. day of ……..19 ……..

³……………………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴……………

1. Here insert the words and reference number identifying the matter in respect of which the application is made.

2. State full name and address.

3. Signature.

4. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-58

Fee: Rs. 20.

TRADE AND MERCHANDISE MARKS ACT, 1958

Request to Registrar for particulars of advertisement of a mark Rule 50

I (or We)¹……………. hereby request that I(or we) may be informed of the number, date and page of the Journal in which the trade mark sought to be registered under application No……… in the name of……………… is advertised.

The information may be sent to the following address in India²:

Dated this……….. day of ……..19 ……..

³…………………….

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴……………

1. State full name and address.

2. State only if the address given at ¹is not of a place in India.

3. Signature.

4. State the name of the place of appropriate office of the Trade Marks Registry-See rule 4.

FORM TM-59

Fee: Rs. 50.

TRADE AND MFRCHANDISE MARKS ACT, 1958

Request for duplicate or further copy of the certificate of registration [Rule 65 (3)]

(If the applicant had furnished a printing block for advertisement, this Form must be accompanied by one unmounted representation of the mark exactly as shown in the Form of application at the time of registration),

I (or We)¹…………… request the Registrar to furnish me (us) with² duplicate/further copy of the certificate of registration issued to me (us) under sub-section (2) of Sec. 23 in respect of my (our) Trade Mark No registered in class in Part A/B³

The³ duplicate/further copy of the certificate may be sent to my (our) following address in India:

Dated this……….. day of ……..19 ……..

³……………………………….

The Central Government,

Through the Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴……………

1. Insert the name and address of the registered proprietor.

2. Strike out whichever is not applicable.

3. Signature of the registered proprietor or of his agent.

4. State the name of the place of appropriate office of the Trade Marks Registry-See rule 4.

Fee: Rs. 50.

FORM TMA- 1

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for registration as a Trade Marks Agent Rule 151

(To befiled in triplicate)

I beg to apply for registration as a trade marks agent under the Trade and Merchandise Marks Act, 1958.

¹A certificate of character from……………….. is enclosed here with.

¹A hereby declare that I am not subject to any of the disabilities stated in Cls. (i), (ii), (iii), (iv), (v), and (vi) of rule 149 of the Trade and Merchandise Marks Rules, 1959 and that the information given below is true to the best of my knowledge and belief.

1. Name in full beginning with surname, if any (in capital letters)

2. Address of the place of residence

3. Principal place of business

4. Father’s name

5. Nationality

6. Date and place of birth

7. Occupation in full

8. Particulars of qualifications for registration as a trade marks agent²……..

9. Whether at any time removed from the Register of Trade Marks Agents and if so the reasons for such removal

Dated this……….. day of ……..19 ……..

Signature

The Registrar of Trade Marks,

The Office of the Trade Marks Registry at³……………

1. The certificate testifying to the character of the candidate should be from a person not related to the candidate and being a District Magistrate, a Chief Presidency Magistrate or the /Chief Administrative Officer of the District where the candidate usually resides, or from any other person whom the Registrar may consider fit.

2. Either original diplomas, certificates and other documents in support of qualifications claimed or copes thereof duly attested by a Magistrate, a Notary public or a G. P. must be sent, with application

Particulars such as the amount of experience in a trade marks agent’s office or with a commercial firm of repute, may be specified.

3. State the name of the place of the appropriate office of the Trade Marks Regestry-See rule 150.

FORM TMA-2

Fee: Rs. 100 plus continuance fee specified in entry No. 63 of the First Schedule.

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for the restoration of the name ot-a person to the Register of Trade Marks Agents (Rule 156)

(To befiled in triplicate)

¹.........................................................................................................................……………………………........ of………………hereby apply for the restoration of my name to the Register of Trade Marks Agents in which my name was entered under No………….. My name was removed on under CI.(b) of rule 155(1) of the Trade and Merchandise Marks Rules, 1959.

Dated this……….. day of ……..19 ……..

Signature

²The Registrar of Trade Marks,

The Office of the Trade Marks Registry at³……………

1. Insert the name and address in full.

2. Subs. by G.S.R.729 (E), dated 9^th December, 1991 (w.e.f. 9th December, 1991.)

3. State the name of the place of the appropriate office of the Trade Marks Registry-See rule 150.

FORM TMA-3

Fee: Rs. 20.

TRADE AND MERCHANDISE MARKS ACT, 1958

Application for an alteration of an entry in the Register of Trade Marks Agents

(Rule 157)

(To befiled in triplicate)

I¹..................... of…………….being a registered trade marks agent

(Registration No…………………) hereby request that my²name, address of the place of residence, address of the principal place of business or qualifications entered in the Register of Trade Marks Agents may be altered as follows:

Dated this……….. day of ……..19 ……..

Signature

³[Registrar of Trade Marks,

The Office of the Trade Marks Registry at⁴……………

1. Insert name and address in full.

2. Strike out words not applicable.

3. Subs. by G.S.R. 729(E), dated 9^th December 1991 (w.e.f. 9^th December, 1991).

4. State the name of the place of the appropriate office of the Trade Marks Registry-See Rule 150.

THE THIRD SHEDULE

Forms to be used by the Registrar and the Central Government

LIST OF FORMS

Form No.

Section

Title

0-1

23(3)

Notice of non-completion of registration.

0-2

23(2)

Certificate of registration of trade mark.

0-3

25(3)

Notice of expiration of last registration.

0-4

(Rule 153)

Certificate of registration of a person as a trade marks agent.

FORM O-1

GOVERNMENT OF INDIA

TRADE MARKS REGISTRY

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of non-completion of registration. Sec. 23 (3), rule 61

No……………..

Notice is hereby given as required by Sec. 23(3) of the Trade and Merchandise Marks Act, 1958, that the registration of the trade mark, in respect of which application numbered as above was made on the …………..day of ………….19………, has not been completed by reason of default on the parts the applicant. Unless registration is completed within twenty-one days from the date of this notice the application will be treated as abandoned.

Dated this…………. day of…………… 19……….

Registrar of Trade Marks

...................

FORM 0-2

GOVERNMENT OF INDIA

TRADE MARKS REGISTRY

TRADE AND MERCHANDISE MARKS ACT, 1958

Certificate of registration of trade mark. See. 23 (2), rule 65(1)

Trade Mark No………………

Date…………………….

Certified that the trade mark of which a representation annexed hereto, has been registered in Part A (B) of the register in the name of ………. In class……… under No ………as of the date………….. respect of………………………

Scaled at my direction this………… day of ………19….

Registrar of Trade Marks.

Registration is for 7 years from the date first above-mentioned and may then be renewed for a period of 7 years, and also at the expiration of each period of 7 years thereafter (See Sec. 25 of the Trade and Merchandise Marks Act, 1958 and rules 66 to 69 of the Trade and Merchandise Marks Rules, 1959).

This certificate is not for use in legal proceedings or for obtaining registration abroad.

NOTE. -Upon any change of ownership of’ this trade mark, or change in address of the principal place of business or address for service in India, application should AT ONCE be made to register the change.

FORM 0-3

GOVERNMENT OF INDIA

TRADE MARKS REGISTRY

TRADE AND MERCHANDISE MARKS ACT, 1958

Notice of expiration of last registration. Sec. 25 (3), rule 67

Registered Trade Mark No………………….

Class class………………..

Notice is hereby given as required in See. 25(3) of the Trade and Merchandise Marks Act, 1958, that the registration of the aforesaid trade mark will expire on and that the registration can be renewed for a further period of 7 years on receipt in the Trade Marks Registry of an application on the enclosed Form TM- 12 accompanied by the prescribed fee of Rs………………. on or before the said date.

Dated this ………….day of………. 19………….

Registrar of Trade Marks.

FORM O-4

GOVERNMENT OF INDIA

¹[TRADE MARKS REGISTRY]

TRADE AND MERCHANDISE MARKS, ACT, 1985

Certificate of registration as a Trade Marks Agent

(Rule 153)

No………………..

This is to certify that .................................................................................................. ................................................................................................................................................................................................................................................................................. of………. was registered on this day of 19……., in the Register of Trade Marks Agents maintained under rule 146 of the Trade and Merchandise Marks Rules, 1959.

²[Registrar of Trade Marks]

1. Subs. by G.S.R. 729 (E), dated 9th December, 1991 (w.e.f. 9^th December, 1991.)

2. Ibid.

THE FOURTH SCHEDULE

Classification of goods. -Names of the classes (Parts of an article or apparatus are in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).

1. Chemical products used in industry, science, photography, agriculture, horticulture, forestry; manures (natural and artificial): fire extinguishing compositions; tempering substances and chemical preparations for soldering; chemical substances for preserving foodstuffs; tanning substances; substances used in industry.

2. Paints, varnished, lacquers, preservatives against rust and against deterioration of wood; colouring matters, dyestuffs: mordants; resins; metals in foil and powder form for painters and decorators.

3. Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations: soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.

4. Industrial oils and greases (other than edible oils and fats and essential oils); lubricants; dust laying and absorbing compositions; fuels (including motor spirit) and illuminants; candles, tapers, nightlights and wicks.

5. Pharmaceutical, veterinary and sanitary substances; infants and invalids foods, plasters material for bandaging: materials for stopping teeth, dental wax; disinfectants; preparations for killing weeds and destroying vermin.

6. Unwrought and partly wrought common metals and their alloys; anchors’ anvils, bells rolled and cast building materials; rails and other metallic materials for railway tracks; chains (except driving chains for vehicles); cables and wires (non-electric); locksmith’s work, metallic pipes and tubes; safes and cash boxes: steel balls; horseshoes; nails and screws; other goods in non- precious metal not included in other classes; ores.

7. Machines and machine tools; motors: (except for vehicles); machine couplings and belting (except for vehicles); large size agricultural implements; incubators.

8. Hand tools and instruments; cutlery, forks and spoons; side arms.

9. Scientific, nautical, surveying and electrical apparatus and instruments (including wireless), photographic, cinematograph, optical, weighing, measuring signalling, checking (supervision), life-saving and teaching apparatus and instruments; coin or counter-freed apparatus; talking machines; cash registers: calculating machines; fire-extinguishing apparatus.

10. Surgical, medical, dental and veterinary instruments and apparatus (including artificial limbs, eyes and teeth).

11. Installations for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes.

12. Vehicles; apparatus for locomotion by land, air or water.

13. Firearms; ammunition and projectiles; explosive substances; fireworks.

14. Precious metals and their alloys and goods in precious metals or coated therewith (except cutlery, forks and spoons); jewellery, precious stones; horological and other chronometric instruments.

15. Musical instruments (other than talking machines and wireless apparatus).

16. Paper and paper articles, cardboard and cardboard articles: printed matter, newspapers and periodicals, books-binding material; photographs; stationery, adhesive materials (stationery); artists materials; paint brushes; typewriters and office requisites (other than furniture); instructional and teaching material (other than apparatus); playing cards; (printer’s) type and cliches (stereotype).

17. Gutta percha, India rubber, balata and substitutes for packing, stopping these substances and not included in other classes; materials, articles made from or insulating; asbestos, mica and their products; hose pipes (non-metallic) ; plastics in the form of sheets, blocks, rods and tubes being for use in manufactures.

18. Leather and imitation of leather, and articles made from these materials and not included in other classes; skins, hides; trunks and travelling bags: umbrellas, parasols and walking sticks; whips, harness and saddlery.

19. Building materials, natural and artificial stone, cement, lime, mortar, plaster and gravel; pipes of earthenware or cement, road making materials; asphalt, pitch and bitumen, portable buildings; stone monuments: chimney pots.

20. Furniture, mirrors, picture frames: articles (not included in other classes) of wood, cork reeds, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, celluloid, and substitutes for all these materials.

21. Small domestic utensils and containers (not of precious metal nor coated therewith); combs and sponges; brushes (other than paint brushes): brush making materials; instruments and material for cleaning Purposes: steel wool; glassware, porcelain and earthenware not included in other glasses.

22. Ropes, strings, nets, tents, awnings, tarpaulins, sails, sacks; padding and stuffing materials (hair, capoc, feathers, seaweed, etc.); raw fibrous textile materials.

23. Yarns, threads.

24. Tissues (piece goods); bed and table-covers; textile articles not included in other classes.

25. Clothing including boots, shoes and slippers.

26. Lace and embroidery, ribands and braid: buttons, press buttons, hooks and eyes, pins and needles, artificial flowers.

27. Carpets, rugs, mats and matting; linoleums and other materials for covering floors; wall hangings (non-textile).

28. Games and playthings; gymnastic and sporting articles (except clothing on-larnents and decorations for Christmas trees.

29. Meat, fish, poultry and game; meat extracts: preserved, dried and cooked fruits and vegetables; jellies, jams; eggs; milk and other dairy products; edible oils and fats; preserves, pickles.

30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour and preparations made from cereals, bread, biscuits, cakes, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; pepper, vinegar, sauces, spices; ice.

31. Agricultural, horticultural and forestry products and grains not included in other classes: living animals; fresh fruits and vegetables; seeds: live plants and flowers; foodstuffs for animals, malt.

32. Beer, ale and porter,’ mineral and aerated waters and other non-alcoholic rinks; SYRUPS and other preparations for making beverages.

33. Wines, spirits and liqueurs.

34. Tobacco, raw or manufactured; smokers articles; matches.

THE FIFTH SCHEDULE

List of items of textile goods referred to in rule 140

No. of item

1. Grey Longeloth, Shirtings, Cellular, Limbric, Poplin, Shectings, Printers and Leopard cloth-including all above-mentioned grey cloths with no colour in the body except a woven coloured heading.

2. Grey Drills, Jeans and Duck-including only grey cloth and not striped drills with grey grounds.

3. Grey Twills-See note under item 1.

4. Grey Salitha, T-Cloths and Domestics-See note item 1.

5. Grey Coarse Cloth-See note under item 1.

6. Grey Chadars of plain weave and Khadi Chadars-including all chadars of plain weave with no colour in the body but with or without a woven coloured heading or fancy heading, but not including cheek chadars and striped chadars.

7. Grey Chadars of Twill Weave-including only grey twill chadars with no colour in the body except a woven coloured heading.

8. Grey Dhoties including Tahmad- [This item relates only to grey ground dhoties (of all dimensions) with or without artificial silk, coloured yarn, folded yarn, or printed borders and -headings.’]

9. Grey Saries and Scarves and Sari cloth-including only grey ground saries (of all dimensions) with or without artificial silk, coloured yarn or printed borders and headings and sari cloth in piece length but not including saries with striped or check grounds, and dyed and printed saries.

10. Grey Dosuti-See note under item 1.

11. Grey Jaconets, Jagannathi Mulls and Mulmulls-See note under item 1.

12. Grey Pagree Cloth-See note under item 1.

13. Grey Matting Weave and Canvas including filter cloth-See note under item 1.

14. Sambura Cloth-Grey Drill with red and black headings and coloured runner in the centre.

15. Whole Grey Dobby Cloth and Doria-See note under item 1.

16. Bleached Longcloth, Shirtings, Cellular, Limbric, Poplin, Sheetings and Printers- including all the above-mentioned plain cloths with no colour in the body except a woven coloured heading.

17. Bleached Drills, Jeans and Duck-See note under item 16.

18. Bleached Twills-See note under item 16. This item does not include Striped Twills on bleached ground.

19. Bleached T-Cloth and Domestics-See note under item 16.

20. Bleached Coarse Cloth-See note under item 16.

21. Bleached chadars- including chadars of plain and twill weave.

22. Bleached Mulls, Jaconets and Nainsooks-See note under item 16.

23. Bleached Madapollams and cambrics-See note under item 16.

24. Bleached Dhoties including Tahmad-This item relates only to plain bleached ground dhoties (of all dimensions) with artificial silk, coloured yarn, folded yarn or printed borders and headings.

25. Bleached Saries and Scarves-including only plain bleached ground saries (of all dimensions) with artificial silk, coloured yarn or printed borders headings, but not including series with stripes or cheeks and dyed and printed series.

26. Bleached Dosuti-See note under item 16.

27. Bleached Voiles and Muslins-See note under item 16.

28. Bleached Dorias and Fancies-including bleached cloth with bleached folded yarn Stripes or cheeks.

29. Bleached Matting Weave and Canvas-See note under item 16.

30. Bleached Pugree cloth-See note under item 16.

31. Embroidered Voiles, Muslins, etc., Bleached.

32. Bleached Flannel and Flannelettes and all bleached cloths raised on one side and Cotton Velvet.

33. Dyed Longcloth, Shirtings, Cellular, Limbric, Poplin and Sheetings-including the above-mentioned cloths dyed in the piece.

34. Dyed Drills-See note under item 33. This item also includes coloured warp or weft drills.

35. Dyed Twills-See note under item 33.

36. Dyed T-Cloths and Domestics-See note under item 33.

37. Dyed Coarse Cloth-See note under item 33.

38. Dyed Chadars-See note under item 33.

39. Dyed Dhoties including Tahmad, Saries and shawls -this item includes dhoties, saries or shawls dyed in the piece.

40. Dyed Fanc4es-including fancies with single colour warp or weft fancies or printed yarn in the warp or weft or both.

41. Dyed Pugree Cloth-See note under item 33.

42. Dyed Voiles-including bordered voiles.

43. Dyed Flannelettes-including grey and self-coloured flannelettes and all dyed cloths raised on one side and Cotton Velvet.

44. Dyed Mulls.

45. Dyed Umbrella Cloth.

46. Coatings and Trouserings (including Sholapuri, Madras cloth, sunproof cloth, tussore, Kashmere Cloth, Serges, Thana cloth, Tweeds, Mazri, Malatia and Corduroy). -In addition to the goods enumerated above, this item includes cotton dyed coatings and coatings with artificial silk in the warp or in the weft as stripes or cheeks, either alone or in combination with dyed cotton yarn.

47. Striped Drills and Jeans and Striped Twills-including striped drills or twills with grey, bleached or coloured grounds.

48. Bed Ticking-with coloured warp and grey or bleached weft.

49. Striped Coarse Cloth-including both grey and bleached grounds.

50. Striped Shirtings, Striped Susis and Striped Zephyrs-including striped shirtings, etc. with grey, bleached or coloured ground but not including artificial silk striped goods.

51. Cheek Shirtings, Cheek Susis and Check Zephyrs-See note under item 50.

52. Cheek Chadars-including plain cheek chadar and twil1 cheek chadar on grey, bleached or coloured ground.

53. Lungis and Sarongs.

54. Woven coloured Saries and Scarves. -(This includes saries and scarves with striped or check grounds, but does not include saries and scarves in which there is artificial silk in the body of the cloth.)

55. Check Cholas and Gumchas.

56. Artificial Silk Striped Shirtings. -This includes artificial silk shirtings with (a) an artificial silk warp and weft; (b) an artificial silk warp or weft; or (c) artificial silk only in stripes, either alone or in combination with coloured cotton yarn.

57. Artificial Silk Cheek Shirtings. -On grey, white and coloured grounds.

58. Artificial Silk Brocades and “All Over Styles”

59. Artificial Silk Dhoties, Saries and Scarves and Sari Cloth. -(This item includes dhoties and saries in which an artificial silk warp or weft or both are used. It does not include dhoties, etc. in which artificial silk is used only in the borders.)

60. Crepe Cloth-Grey bleached and dyed. This item also includes crepe cloth yam printed.

61. Dyed and Striped Dosuti-including striped Dosuti bleached in the piece.

62. Printed Dhoties, shawls, Rumals, Saries and other printed garments-including Voile Saries also.

63. Printed Longcloth, Shirtings, Cellular, Limbric, Poplins and Sheetings Grey, Bleached and dyed grounds.

64. Striped, Cheek and Printed Flannelettes.

65. Pure Silk Saries.

66. Leno and Mockleno, Bandage Cloth-Grey, bleached, dyed or striped including Gauze cloth also.

67. Terrv Towels including towelling cloth-Grey, bleached, dyed printed, striped or checked.

68. Huckback Towels including towelling cloth-Grey, bleached, dyed printed, striped or checked.

69. Honey Comb Towels including Towelling cloth-Grey, bleached, dyed, printed, striped or checked.

70. All other Towels including towelling cloth.

71. (a) Dusters, Handkerchiefs, Rumals and Glass Cloth (serviettes).

(a) Table cloth and table covers, napkins.

72. Dobby and Jacquard Chadars, Bedspreads, Quilts and Counterpanes Including Suzni-Grey, bleached, or coloured.

73. Blankets and Malida Cloth-All types, including cotton and wool union blankets; and shawls (not dyed or printed) or lohis of any fibres.

74. Durries and carpets including Satranji (floor carpets).

75. Dyed and Coloured Canvas-Dyed or woven coloured.

76. Artificial Silk Zephyrs, Alpaca, Crepe, etc.-’Plain and Fancy grounds (whole colour and unstriped).

77. Motor Hood Cloth.

78. Buckrum Cloth-Grey, bleached and dyed.

79. Striped Voiles-Bleached and/or dyed in the piece.

80. Printed Voiles-Grey, bleached and dyed.

81. Mookta cloth-This cloth is woven with cotton warp and flax weft.

82. Artificial silk Tapestry and Upholstering Fabrics, including cotton furnishing fabrics and casement cloths-Grey, bleached, dyed and printed.

83. Bedford Cord-Bleached and dyed.

84. Printed Crepe-Grey, bleached or dyed grounds.

85. Pure silk coatings-Plain, striped or checked. This item also includes coating made of artificial fibres, filaments and yarns.

86. Pure Silk Shirtings-Plain, striped or checked,

87. Printed Drills, Twills and Jeans.

88. Corded Voiles-Bleached, coloured, printed and bordered.

89. Printed Boski-Artificial Silk warp, weft or both.

90. Artificial Silk Striped Voiles-Grey, bleached and dyed voiles with artificial silk stripes in the body of the cloth.

91. Bordered Voiles-Bleached, dyed and printed (with or without artificial silk border).

92. Artificial Silk Satins-including satins made from 100 percent artificial silk or artificial silk in warp or weft.

93. Cheek Voiles--Grey, bleached and dyed. (This item contains cotton voiles with grey, bleached or coloured grounds with cheek designs all over the body of the cloth.)

94. Grey Flannelettes-including all grey cloths raised on one side and Cotton Velvet.

¹[THE SIXTH SCHEDULE

Scale of Costs allowable in rule 114 proceedings before the Registrar

Entry No.

Matter in respect of which costs to be awarded

Amount

For one day’s hearing involving examination of witnesses.

Rs. 100

For one day’s hearing when there

is no examination of witnesses.

Rs. 150

For adjournment of hearing granted

Rs. 120 plus cost for re-summoning who were due to be examined on the day.

For striking out scandalous matter from an affidavit.

Rs. 10

For attendance of witnesses- Subsistence allowance Travelling allowance.

Rs. 50 (vide Note below).

The fare by rail or steamer for the first class or the second class each way and if there is no rail or steamer communication 0.50 nP. or 0.25 nP. per Km, depending upon the rank and status of the witness.

NOTE. -The rates of subsistence allowance and travelling allowance for, witnesses shall vary according to the status of the witnesses subject to the maximum prescribed above.

1. Subs. by S.O. 171 (E), dated 1^st March, 1985 (w.e.f. 1^st March, 1985).

TRADE AND MERCHANDISE MARKS ACT, 1958

FORM TM-27

TRADE AND MERCHANDISE MARKS ACT, 1958

TRADE AND MERCHANDISE MARKS ACT, 1958

Fee: [20] FORM TM –35

FORMS TM-36

TRADE AND MERCHANDISE MARKS ACT, 1958

TRADE AND MERCHANDISE MARKS ACT, 1958

TRADE AND MERCHANDISE MARKS ACT, 1958

FORM TM-50

FORM TM-54

IN THE MAITER OF1 ………………………….

Fee: Rs. 200. FORM TM-57

TRADE AND MFRCHANDISE MARKS ACT, 1958

TRADE AND MERCHANDISE MARKS ACT, 1958

THE THIRD SHEDULE

Notice of non-completion of registration. Sec. 23 (3), rule 61

FORM 0-2

Certificate of registration as a Trade Marks Agent

THE FOURTH SCHEDULE

THE FIFTH SCHEDULE

Scale of Costs allowable in rule 114 proceedings before the Registrar

Fee: [20]

FORM TM –35

IN THE MAITER OF¹ ………………………….

Fee: Rs. 200.

FORM TM-57