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CHAPTER II

PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION

  1. 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) An application to register a trade mark for a specification of goods or services included in any one class shall be made in Form TM-1.

    (3) An application to register a trade mark under sub-section (2) of section 154 for a specification of goods or services included in any one class from a convention country shall be made in Form TM-2.

    (4) A single application for the registration of a trade mark for different classes of goods or services from convention country under sub-section (2) of section 154 shall be made in Form TM-52.



    (5) An application to register a textile trade mark(other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 shall be made in Form TM-22.

    (6) An application to register of a textile mark (other than a collective mark or a certification trade mark) consisting exclusively of numerals or letters or any combination thereof for a specification of goods or services included in one item of the Fifth Schedule under rule 145 from a convention country under sub-section (2) of section 154 shall be made in Form TM-45.

    (7) (a) An application under section 63(1) to register a collective trade mark for a specification goods or services in any one class shall be made in Form TM-3.
    (b) An application under section 63(1) to register a collective trade mark for a specification of goods or services from a convention country under sub-section (2) of Section154 shall be made in Form TM-64.

    (8) (a) An application under section 71 to register a certification trade mark for a specification of goods or services included in any one class shall be made in Form TM-4.
    (b) An application under section 71 to register a certification trade mark for a specification of goods or services from a convention country under sub-section (2) of Section 154 shall be made in Form TM-65.

    (9) A single application for the registration of a trade mark for different classes of goods or services shall be made in Form TM-51.

    (10) An application to register a series trade marks under section 15 for a specification of goods or services included in a class or for different classes shall be made in Form TM-8.

    (11) An application to register a series trade mark under section 15 for a specification of goods or services included in a class or for different classes from a convention country under sub-section (2) of section 154 shall be made in Form TM-37.

    (12) An application for registration of a trade mark for goods or services shall: -

    a) Explain with sufficient precision a description by words of the trade mark, if necessary to determine the right of the applicant;
    b) Be able to depict the graphical representation of the trade mark;
    c) Not be acted upon which consists of a three dimensional mark unless it contains a statement to that effect;
    d) Not be acted upon which consists of a colour combination is claimed as an element of a trade mark unless it contains a statement to that effect and specifies the colours.

    (13) An amendment to divide an application under proviso to section 22 shall be made in Form TM-53.

    (14) An application shall be in respect of one trade mark only for as many class or classes of goods or services as may be made.

    (15) In the case of an application for registration in respect of all the goods or services included in a class or of a large variety of goods or services 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.

    (16) The specification of goods or services shall not ordinarily exceed five hundred characters. An excess space fee as prescribed in the First Schedule is payable with each application in Form TM-61.

    (17) (a) A single application for the registration of a collective mark in different classes shall be made in Form TM-66
    (b) A single application for the registration of a collective mark in different classes from a convention country shall be made in Form TM-67.

    (18) (a) A single application for the registration of certification trade mark in different classes shall be made in Form TM-68.
    (b) A single application for the registration of a certification trade mark in different classes from a convention country shall be made in Form TM-69.

    (19) Where an applicant files a single application for more classes than one, and the Registrar determines that the goods or services applied for fall in class or classes in addition to those applied for, the applicant may restrict the specification of goods or services to the class applied for or amend the application to add additional class or classes on payment of the appropriate class fee and the divisional fee. The new class created through a division retains the benefit of the original filing date or in the case of an application from a convention country the convention application date under sub-section (2) of Section 154 provided the claim was otherwise properly asserted in the initial application.


  2. Application under convention arrangement. -

    (1) Where a right to priority is claimed by reason of an application for protection of a trade mark duly filed in a convention country under section 154 a certificate by the Registry or competent authority of that Trade Marks Office shall be included in an application for registration under sub-rule (3), (4), (6), (7)(b), (8)(b), (11), (17)(b) or (18)(b) of rule 25, as the case may be, and it shall include the particulars of the mark, the country or countries and the date or dates of filing of application and such other particulars as may be required by the Registrar..
    (2) Unless such certificate has been filed at the time of the filing of the application for registration, there shall be filed, within two months of the filing of such application certifying or verifying to the satisfaction of the Registrar, the date of the filing of the application, the country, the representation of the mark, and the goods or services covered by the application.
    (3) The application shall include a statement indicating the date of filing of the convention application, the name of the convention country where it was filed, the serial number, if any, and a statement indicating that priority is claimed:
    Provided Where the applicant files more priority claims than one under section 154 for some or all the goods or services in respect of the same trade mark, the Registrar shall take the date of the earlier application in a convention country, as the priority date;
    Provided further that the Registrar shall take such priority date only in respect of goods or services referred to in convention application.
    (4) Where a single application under sub-section (2) of section 18 is filed from a convention country for one or more classes of goods or services, the applicant shall establish a sufficient ground to the satisfaction of the Registrar for the date of filing of application in all such classes.


  3. 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 or services 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.

  4. Representation of mark. -

    (1) Every application for the registration of a trade mark, and where additional copies of the application are required every such copy, shall contain a representation of the mark in the space (8cm x 8 cm) provided on the application form for that purpose:
    Provided that in any case the size of such representation shall not exceed 33 centimetres by 20 centimetres with a margin of 4 centimetres on the left hand side.


  5. Additional representations. -

    (1) Every application for registration of a trade mark shall, except as hereinafter provided, be made in triplicate and shall be accompanied by five additional representations of the mark. The representations 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 or classes of goods or services for which registration is sought , the name and address of the applicant, together with the name and address of his 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 be signed by the applicant or his agent.

    (2) Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as the distinctive feature of the mark, the application shall be accompanied with one reproduction of the mark in black and white and four reproduction of the mark in colour.

    (3) Where the application contains a statement to the effect that the trade mark is a three dimensional mark, the reproduction of the mark shall consist of a two dimensional graphic or photographic reproduction as follows, namely:-

    (i) The reproduction furnished shall consist of three different view of the trade mark;
    (ii) Where, however, the Registrar considers that the reproduction of the mark furnished by the applicants does not sufficiently show the particulars of the three dimensional mark, he may call upon the applicant to furnish within two months up to five further different views of the mark and a description by words of the mark;
    (iii) Where the Registrar considers the different views and/or description of the mark referred to in clause (ii) still do not sufficiently show the particulars of the three dimensional mark, he may call upon the applicant to furnish a specimen of the trade mark.

    (4) (i) Where an application for the registration of a trade mark consists of shape of goods or its packaging, the reproduction furnished shall consist of at least five different views of the trade mark and a description by word of the mark.
    (ii) If the Registrar considers the different views and description of the mark in sub-clause (i) still does not sufficiently show the particulars of the shape of goods or its packaging, he may call upon the applicant to furnish a specimen of the goods or packaging as the case may be.


  6. Representations to be durable and satisfactory. -

    (1)All representations 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 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 not satisfied with any representation of a mark he may at any time require another representation satisfactory to him to be substituted before proceedings with the application.
    (3) Where representation of a trade mark cannot be given in the manner set forth hereinabove, a specimen or copy of the trade mark may be sent either in full size or on a reduced scale and in such form as the Registrar may think most convenient.


  7. Series trade marks. -

    (1) Where an application is made for the registration of series trade marks under sub-section (3) of section 15, copies of representation of each trade mark of the series shall accompany the application in the manner set forth in rules 28 and 29.
    (2) An applicant claiming to be the proprietor of a series trade mark under sub-section (3) of section 15 may apply to the Registrar in Form TM-8 or TM-37, as the case may be, for its registration as a series for one registration and there shall be included in each such application a representation of the trade mark of each class claimed to be in the series. The Registrar shall, if satisfied that the marks constitutes a series proceed further with the applications.
    (3) At any time before the publication of the application in the Journal, the applicant applying under sub-rule (2) may request in Form TM-53 for the division of the application into separate application or applications, as the case may be, in respect of one or more marks in that series and the Registrar shall, if he is satisfied that the division requested conforms with sub-section(3) of section 15, divide the application or applications accordingly.
    (4) The division of an application into one or more applications under sub-rule (3) shall be on the payment of a divisional fee and such class fees as are appropriate.


  8. Request for search of a company name: Any person may, after the Registrar has informed the public in the Journal permitting a request in Form TM-75 to cause a search to be made and for issuance of a certificate pursuant to clause (ii) of sub-section (2) of section 20 of the Companies Act, 1956 (1 of 1956) to the effect that no trade mark identical with or deceptively similar to the name of the company in respect of which the request is made has been registered as a trade mark or is pending under the Trade Marks Act,1999(47 of 1999)

  9. Transliteration and translation. - Where a trade mark contains a word or words in scripts other than Hindi or English, there shall be endorsed on the application form and the additional representations thereof, a sufficient transliteration and translation to the satisfaction of the Registrar of each such word in English or in Hindi and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent.

  10. Names and representations 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 trade mark.

  11. Name or description of goods or services on a mark. -

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


  12. Deficiencies. - Subject to sub-rule (2) of rule 11, where an application for registration of a trade mark does not satisfy the requirement of any of the provisions of the Act or these rules, the Registrar shall sent notice thereof to the applicant to remedy the deficiencies and if within one month of the date of the notice the applicant fails to remedy any deficiency so notified to him, the application may be treated as abandoned.

    PROCEDURE ON RECEIPT OF APPLICATION FOR REGISTRATION OF A TRADE MARK


  13. Acknowledgement and Search. -

    (1) Every application for the registration of a trade mark in respect of any goods or services 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.
    (2) Upon receipt of the application for registration of trade mark, 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 services or similar goods or services any mark 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.


  14. Expedited examination, objection to acceptance, hearing. -

    (1) After the receipt of the official number of an application under sub-rule (1) of rule 37, an applicant may request for expedited examination of an application for registration of a trade mark in Form TM-63 together with a declaration stating the reason for the request, on payment of five times the application fee.
    (2) If the Registrar is satisfied on the basis of declaration filed under sub-rule(1) that an expedited examination of the application is warranted, he shall cause the expedited examination of such application in the order in which the requests are filed and may ordinarily issue the examination report within three months of the date of such request.
    (3) Where the Registrar declines the request under sub-rule (1), the applicant shall be entitled to have the fee refunded:
    Provided that before declining any such request, the Registrar shall provide the applicant an opportunity of being heard.
    (4) If on consideration of an application for registration of a trade mark or on an application for an expedited examination of an application referred to in sub-rule (1) and any evidence of use or of distinctiveness or of any other matter which the applicant 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, modifications or limitations as he may think right to impose under sub-section (4) of section 18, the Registrar shall communicate such objection or proposal in writing to the applicant.
    (5) If within one month from the date of communication mentioned in sub-rule (4), the applicant fails to amend his application according to the proposal or fails to submit his observations to the Registrar or apply for a hearing or fails to attend the hearing, the application shall be deemed to have been abandoned.


  15. Notice of withdrawal of application for registration. - A notice of withdrawal of an application for the registration of a trade mark under sub-section 2 of section 133, 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 one month from the date of the receipt of communication mentioned in sub-rule (4) of rule 38.

  16. Decision of Registrar. -

    (1) The decision of the Registrar under rule 38 or rule 42 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 thirty days from the date of receipt of such communication apply in Form TM-15 to the Registrar requiring him to state in writing the grounds of, and the materials used by him in arriving at, his decision.
    (2) In a 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 under sub-rule (1).
    (3) The date when the statement in writing under sub-rule (1) is received shall be deemed to be the date of the Registrar's decision for the purpose of an appeal.


  17. Correction 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 in 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:
    Provided, however, no such amendment shall be permitted which shall have the effect of substantially altering the original trade mark or substitute a new specification of goods or services not included in the initial application.

  18. Withdrawal 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 been accepted in the circumstances of the case, or proposes that the mark should be registered only subject to conditions, limitations, divisions 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 thirty days from the date of receipt 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 had 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, on considering the submissions, if any, of the applicant, pass such orders as he may deem fit.

    ADVERTISEMENT OF APPLICATION


  19. Manner of Advertisement. -

    (1) Every application for registration of a trade mark required to be advertised by sub-section (1) of section 20 or to be re-advertised by sub-section (2) of that section shall be advertised in the Journal ordinarily within six months of the acceptance of an application for registration or after the expiry of the period referred to sub-section (2) of section 154 whichever is later.
    (2) Where a trade mark applied is other than a word, the Registrar may call upon the applicant to furnish a camera ready copy of the trade mark ordered to be advertised to scan electronically into a Desk Top publishing package.
    (3) The Registrar may after informing the public in the Journal, put the applications published in the Journal on the internet, web site or any other electronic media.
    (4) The Registrar may after informing the public in the Journal make available the Journal in CD-ROM on payment of the cost thereof.


  20. Advertisement of series. - Where an application relates to a series trade marks differing from one another in respect of the particulars mentioned in sub-section (3) of section 15, the 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.

  21. Notification of correction or amendment of application. - In the case of an application to which clause (b) of sub-section (2) of section 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 out the number of the application, the class or classes 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 Journal number in which it was advertised and the correction or amendment made in the application.

  22. Request to Registrar for particulars of advertisement of a mark. - Any person may request the Registrar in Form TM-58 to be informed of the number, date and page of the Journal in which a trade mark which is sought to be registered specified in the form was advertised and the Registrar shall furnish such particulars to the person making the request.

    OPPOSITION TO REGISTRATION

  23. Notice of Opposition. -

    (1) A notice of opposition to the registration of a trade mark under sub-section (1) of section 21 shall be given in triplicate in Form TM-5 within three months or within such further period not exceeding one month in the aggregate from the date the Journal is made available to the public (which date shall be certified by the Registrar as such) 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 the register, the registration numbers of such trade marks and the dates of the Journals in which they have been advertised shall be set out without fail.
    (2) Where a notice of opposition has been filed in respect of a single application for the registration of a trade mark, it shall bear the fee in respect of each class in relation to which the opposition is filed in Form TM-5.
    (3) Where an opposition is filed only for a particular class or classes in respect of a single application made under sub-section (2) of section 18, the application for remaining class or classes shall not proceed to registration until a request in Form TM-53 for division of the application together with the divisional fee is made by the applicant.
    (4) Where in respect of a single application for the registration of a trade mark, no notice of opposition is filed in a class or classes, the application in respect of such class or classes shall subject to section 19 and sub-section 1 of section 23 proceed to registration after the division of the application in the class or classes in respect of which an opposition is pending.
    (5) All notices of opposition to the registration of a trade mark for goods or services received in respect of a particular Journal shall be notified in the Journal:
    Provided that nothing in this sub-rule shall be construed to presume that all remaining trade marks from a particular journal so notified shall automatically proceed to registration.
    (6) An application for an extension of the period within which a notice of opposition to the registration of a trade mark may be given under sub-section (1) of section 21, shall be made in Form TM-44 accompanied by the fee prescribed in First Schedule before the expiry of the period of three months under sub-section (1) of section 21.
    (7) A copy of notice of opposition shall be ordinarily served by the Registrar to the applicants within three months of the receipt of the same by the appropriate office.


  24. The Notice of Opposition shall contain -

    a) as concern the application against which opposition is entered -
    (i) the application number of the application against which opposition is entered.
    (ii) an indication of the goods or services listed in the trade mark application against which opposition is entered; and
    (iii) the name of the applicant for the trade mark.

    b) As concerns the earlier mark or the earlier right on which the opposition is based -
    (i)Where the opposition is based on an earlier mark, a statement to that effect and an indication of the status of earlier mark;
    (ii) Where available, the application number or registration number and the filing date, including the priority date of the earlier mark;
    (iii) Where the opposition is based on an earlier mark which is alleged to be a well-known trade mark within the meaning of sub-section 2 of section 11 of the Act, an indication to that effect and an indication of the country or countries in which the earlier mark is recognised to be well known;
    (iv) where the opposition is based on an earlier trade mark having a reputation within the meaning of paragraph (b) of sub-clause (2) of section 11 of the Act, an indication to that effect and an indication of whether the earlier mark is registered or applied for;
    (v) A representation of the mark of the opponent and where appropriate, a description of the mark or earlier right; and
    (vi) Where the goods or services in respect of which earlier mark has been registered or applied for or in respect of which the earlier mark is well known within the meaning of Sub-section (2) of section 11 or has a reputation within the meaning of that section the opponent shall when indicating all the goods or services for which the earlier mark is protected, also indicate those goods or services on which the opposition is based.

    c) As concerns the opposing party -
    (i) where the opposition is entered by the proprietor of the earlier mark or of the earlier right, his name and address and an indication that he is the proprietor of such mark or right;
    (ii) where opposition is entered by a licensee not being a registered user, the name of the licensee and his address and an indication that he has been authorised to enter the opposition ;
    (iii) where the opposition is entered by the successor in title to the registered proprietor of a trade mark who has not yet been registered as new proprietor, an indication to that effect, the name and address of the opposing party and an indication of the date on which the application for registration of the new proprietor was received by the appropriate office or, where this information is not available, was sent to the appropriate office; and
    (iv) where the opposing party has no place of business in India, the name of the opponents and his address for service in India.

    d) The grounds on which the opposition is based.

    e) (i) the notice of opposition shall be verified at the foot by the opponent or by some other person who is acquainted with the facts of the case.
    (ii) the person verifying shall state specifically by reference to the numbered paragraphs of the notice of opposition, what he verifies of his own knowledge and what he verifies upon information received and believed to be true.
    (iii) the verification shall be signed by the person making it and shall state the date on which and the place at which it was signed.


  25. Counterstatement. -

    (1) The counterstatement required by sub-section (2) of section 21 shall be sent in triplicate in Form TM-6 within two months from the receipt by the applicant of the copy of the notice of opposition from the Registrar and shall set out what facts, if any, alleged in the notice of opposition, are admitted by the applicant. A copy of the counterstatement shall be ordinarily served by the Registrar to the opponent within two months from the date of receipt of the same.
    (2) The counterstatement shall be verified in the same manner as the notice of opposition as stated in sub-rule(e) of rule 48.


  26. Evidence in support of opposition. -

    (1) Within two months from services on him of a copy of the counterstatement or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request allow, 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 and intimate the Registrar in writing of such delivery.
    (2) If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his opposition.
    (3) An application for the extension of the period of one month mentioned in sub-rule (1) shall be made in Form TM-56 accompanied by the prescribed fee before the expiry of the period of two months mentioned therein.


  27. Evidence in support of application. -

    (1) Within two months or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request allow, on the receipt by the applicant of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his 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 on the facts stated in the counterstatement 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.
    (2) An application for the extension of the period of one month mentioned in sub-rule (1) shall be made in Form TM-56 accompanied by the prescribed fee before the expiry of the period of two months mentioned therein.


  28. Evidence in reply by opponent. - Within one month from the receipt by the opponent of the copies of the applicant's affidavit or within such further period not exceeding one month in the aggregate thereafter as the Registrar may on request in Form TM-56 allow, 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.

  29. 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 terms as to costs or otherwise as he may think fit.

  30. 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 impression 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.

  31. Translation of documents. - Where a document is in a language other than Hindi or English and is referred to in the notice of opposition , counterstatement or an affidavit filed in an opposition proceeding, an attested translation thereof in Hindi or English shall be furnished in duplicate.

  32. Hearing and decision. -

    (1) Upon completion of the evidence (if any), the Registrar shall give notice to the parties of the first date of hearing. Such notice shall be ordinarily given within three months of completion of the evidence. The date of hearing shall be for a date at least one month after the date of the first notice. Within fourteen days from the receipt of the first notice, any party who intends to appear shall so notify the Registrar in Form TM-7. Any party who does not so notify the Registrar within the time as aforesaid may be treated as not desiring to be heard and the Registrar may act accordingly in the matter.
    (2) If sufficient cause for adjournment is not shown by either of the parties the Registrar may proceed with the matter forthwith.
    (3) If the applicant is not present at the adjourned date of hearing and has not notified his intention to attend the hearing in Form TM-7, the application may be treated as abandoned.
    (4) If the opponent is not present at the adjourned date of hearing and has not notified his intention to attend the hearing in Form TM-7, the opposition may be dismissed for want of prosecution and the application may proceed to registration subject to Section 19.
    (5) In every case of adjournment the Registrar shall fix a day for further hearing of the case and shall make such order as to cost occasioned by the adjournment or such higher costs as the Registrar deems fit.
    (6) The fact that the agent or advocate on record of a party is engaged in another court, shall not be a ground for adjournment.
    (7) Where illness of legal practitioner or an agent or his inability to conduct the case for any reason is put forward as a ground for adjournment, the Registrar may refuse to grant the adjournment unless he is satisfied that the legal practitioner or an agent, as the case may be, could not have engaged another agent or legal practitioner in time.
    (8) The Registrar shall take on record written arguments if submitted by a party to the proceeding.
    (9) The decision of the Registrar shall be notified to the parties in writing.


  33. Security for costs. - The security for costs which the Registrar may require under sub-section (6) of section 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

  34. Procedure for giving notice. - The notice which the Registrar is required by sub-section(3) of section 23 to give to an applicant, shall be sent in Form O-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 not exceeding one month as the Registrar may allow on a request made in the prescribed form for completion of the registration.
    REGISTRATION

  35. Entry in the Register. -

    (1) Where no notice of opposition to an application advertised or re-advertised in the Journal is filed within the period specified in sub-section (1) of section 21, or where an opposition is filed and it is dismissed, the Registrar shall, subject to the provisions of sub-section (1) of section 23 or section 19, enter the trade mark on the register.

    (2) The entry of a trade mark in the register shall specify the date of filing of application, the actual date of the registration, the goods or services and the class or classes in respect of which it is registered, and all particulars required by sub-section (1) of section 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;
    (f) the convention application date (if any), to be accorded pursuant to an application from applicants of a convention country made under section 154.
    (g) where the mark is a collective or certification mark, that fact;
    (h) where the mark is registered pursuant to sub-section 4 of section 11 with the consent of the proprietor of an earlier trade mark or other earlier right, that fact; and
    (i) the appropriate office of the Trade Marks Registry in relation to the trade mark.

    (3) The Registrar may from time to time, in consultation with computer experts, formulate guidelines for keeping official records in electronic form.


  36. 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 (5) of section 16 to dissolve the association as respects any of the trade marks registered as associated trade marks shall be made in Form TM-14 and shall include statement of the grounds of the application.


  37. 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 entered 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.

  38. Certificate of registration. -

    (1) The certificate of registration of a trade mark to be issued by the Registrar under sub-section (2) of section 23 shall be in Form O-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 in Form TM-59 accompanied by the prescribed fee. An unmounted representation of the mark exactly as shown in the form of application for registration thereof at the time of registration shall accompany such request.


PART I


CHAPTER 1 - PRELIMINARY

CHAPTER II - PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION

CHAPTER III - RENEWAL OF REGISTRATION AND RESTORATION

CHAPTER IV - ASSIGNMENT AND TRANSMISSION

CHAPTER V - REGISTERED USERS

CHAPTER VI - RECTIFICATION AND CORRECTION OF REGISTER
ALTERATION OR RECTIFICATION OF REGISTER


CHAPTER VII - MISCELLANEOUS

PART II


SPECIAL PROVISIONS FOR COLLECTIVE MARKS

PART III


SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS

PART IV


SPECIAL PROVISION FOR TEXTILE GOODS

PART V


REGISTRATION OF TRADE MARKS AGENTS

PART VI


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

PART VII


REPEAL


FORM TM-1

FORM TM-2

FORM TM-3

FORM TM-4

FORM TM-5

FORM TM-6

FORM TM-7

FORM TM-8

FORM TM-9

FORM TM-10

FORM TM-12

FORM TM-13

FORM TM-14

FORM TM-15

FORM TM-16

FORM TM-17

FORM TM-18

FORM TM-19

FORM TM-20


FORM TM-21

FORM TM-22

FORM TM-23

FORM TM-24

FORM TM-25

FORM TM-26

FORM TM-27

FORM TM-28

FORM TM-29

FORM TM-30

FORM TM-31

FORM TM-32

FORM TM-33

FORM TM-34

FORM TM-35

FORM TM-36

FORM TM-37

FORM TM-38

FORM TM-39

FORM TM-40


FORM TM-41

FORM TM-42

FORM TM-43

FORM TM-44

FORM TM-45

FORM TM-46

FORM TM-47

FORM TM-48

FORM TM-49

FORM TM-50

FORM TM-51

FORM TM-52

FORM TM-53

FORM TM-54

FORM TM-55

FORM TM-56

FORM TM-57

FORM TM-58

FORM TM-59


FORM TM-60

FORM TM-61

FORM TM-62

FORM TM-63

FORM TM-64

FORM TM-65

FORM TM-66

FORM TM-67

FORM TM-68

FORM TM-69

FORM TM-70

FORM TM-71

FORM TM-72

FORM TM-73

FORM TM-74

FORM TM-75

FORM TMA-1

FORM TMA-2

FORM TMA-3


THE THIRD SCHEDULE


FORM 0-1

FORM 0-2

FORM 0-3

FORM 0-4

THE FOURTH SCHEDULE


Classification of goods and services - Name of the classes

THE FIFTH SCHEDULE


List of items of textile goods referred to in rule 145

THE SIXTH SCHEDULE


Scale of costs allowable in Rule 114 proceedings before the Registrar

PART VIII


Language of the Trade Marks Registry

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