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CHAPTER V

REGISTERED USERS

  1. Application for registration as registered user. -

    (1) An application to the Registrar for the registration under section 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 in Form TM-28 and shall be accompanied by the following document-

    (a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark;
    (b) the documents and correspondence, if any mentioned in the agreement referred to in clause (a) entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark or duly authenticated copies thereof.

    (2) There shall 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 clause (b) of sub-section (1) of section 49;
    (b) the precise relationship between the registered proprietor and the proposed registered user, if any; for instance, whether their relationship is as principal and subsidiary company or whether there is common control between their business;
    (c) a statement as to the goods or services in which the registered proprietor is dealing, together with details as to whether the trade mark which is the subject of the 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) 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 six months from the date of the agreement referred to in clause (a)of sub-rule (1).

    (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.


  2. Particulars to be stated in the agreement. -

    The agreement referred to in clause (a) of sub-rule (1) of the last foregoing rule shall-
    (a) set out the particulars specified in sub-clause (i) to (iv) of clause (b) of sub-section (1) of section 49;
    (b) disclose the terms as to royalty and other remuneration payable to the registered proprietor by the proposed registered user for the permitted use 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 use ceases; and
    (d) contain a condition that when the registered trade mark is used by the proposed registered user in relation to his goods or services, other than goods or services for export, the mark shall be so described as clearly to indicate that it is being used only by way of permitted use.


  3. Consideration by the Registrar. - The Registrar under sub-section (2) of section 49, shall, if satisfied that the application and the accompanying documents comply with the relevant provisions of the Act and the rules, and the matters specified in sub-clause (i) to(iv) of clause (b) of sub-section 1 of section 49, register the proposed registered user in respect of the goods or services as to which he is so satisfied.

  4. Hearing before refusing an application or to accept it conditionally. -

    (1) The Registrar shall give a notice in writing to the applicants where he proposes to accept the application subject to any conditions, restrictions or limitations. The notice shall state the grounds on which the Registrar proposes to issue such orders and shall inform the applicants that they are entitled to be heard.
    (2) Unless within one month from the receipt of the notice mentioned in sub-rule (1) the registered proprietor and the proposed registered user apply for a hearing, the Registrar may 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 Registrar shall appoint a time for the hearing within two months and shall give them not less than a month's notice of the time so appointed.
    (4) After hearing the registered proprietor and the proposed registered user, the Registrar shall decide whether to accept the application or to refuse it or to accept it conditionally.
    (5) The Registrar shall, communicate in writing his order on the application to the applicants and to other registered users of the mark, if any.


  5. Entry in the register. -

    (1) Where the Registrar under sub-section (2) of section 49 accepts an application for registration as registered user, he shall register the proposed registered user as registered user.
    (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 para (i) to (iv) of sub-clause (b) of clause (1) of section 49, the name, 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 service in India.


  6. 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 in so far as it relates to the transmission of any money, as consideration for the use of the said trade mark, to any place outside India.

  7. Notification 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 within three months of such entry in the register.

  8. 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 clause (a) of sub-section (1) of section 50 shall be made in Form TM-29 and shall be accompanied by a 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.

  9. Cancellation of registration of registered user. -

    (1) An application for the cancellation of the registration of a registered user under sub-clause (b) to sub-clause (d) of sub-rule (1) of Section 50 shall be made in 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 the registration of a registered user for a period, in accordance with paragraph (iv) of sub-clause (b) of sub-section (1) of section 49, the Registrar shall cancel the entry of the registered user at the end of that period. Where some or all the goods or services 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 notify every cancellation or omission under this sub-rule to the registered users whose permitted use is effected thereby and to the registered proprietor of the trade mark.


  10. Power of the Registrar to call for information with respect to registered user. - The Registrar may at any time, by notice in writing, require the registered proprietor to furnish him information under sub-section (1) of section 51 and take action in accordance with sub-section (2) of that section.

  11. Procedure on application to vary entry or cancel registration. -

    (1) The Registrar shall notify in writing applications under section 50 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 in 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 section 50, the applicant and any person notified under sub-rule (1), may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard, may accept or refuse the application 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 paragraph (a) of sub-section (1) of section 50 or cancelling any registration on any of the grounds mentioned in items (i) to (iv) of sub-clause (c) of sub-section (1) of section 50, the Registrar shall consider the application together with any notice in Form TM-32 and statement of case filed and shall dispose of the application and also inform the parties in writing accordingly.


  12. Registered user's application. - An application under sub-section (2) of section 58 shall be made in Form TM-16 or Form-TM-33 or Form-TM-34 or Form-TM-50 as may be appropriate by a registered user of 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.

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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