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CHAPTER VI

RECTIFICATION AND CORRECTION OF REGISTER
ALTERATION OR RECTIFICATION OF REGISTER

  1. Application to rectify or remove a trade mark from the register. - An application to the Registrar under Section 47, 57, 68 or 77 for the making, expunging or varying of any entry relating to a trade mark or a collective mark or certification trade mark in the register shall be made in triplicate in Form TM-26, or Form TM-43, as the case may be, and shall be accompanied by statement in triplicate 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 trade mark in question, the application and the statement aforesaid shall also be left at the Trade Marks Registry triplicate. In case there are registered users, such application and statements shall be accompanied by as many copies thereof as there are registered user. A copy each of the application and statement shall be ordinarily transmitted within one month by the Registrar to the registered proprietor and to each of the registered user and to any other person who appears from the register to have an interest in the trade mark. The application shall be verified in the manner prescribed under rule 48(e) for verification of a notice of opposition.

  2. Further procedure. - Within two months from the receipt by a registered proprietor of the copy of the application mentioned in rule 92 or within such further period not exceeding one month in the aggregate, he shall send to the Registrar in Form TM-6 a counterstatement in triplicate of the grounds on which the application is contested and if he does so, the Registrar shall serve a copy of the counterstatement on the person making the application within one month of the receipt of the same. The provisions of rules 50 to 57 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 unless he is satisfied that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the case. In any case of doubt any party may apply to the Registrar for directions.

  3. 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 92 may apply in 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.

  4. Rectification of the register by the Registrar of his own motion. -

    (1) The Notice, which the Registrar is required to give under sub-section (4) of section 57, 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 time specified in the notice 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

  5. Alteration of address in register. -

    (1) A registered proprietor or a registered user of a trade mark, the address of 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 in Form TM-34 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.
    (2) A registered proprietor or a registered user of a trade mark, whose address for service in India entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar in 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 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 in Form TM-34 or TM-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-rule (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 every 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 the person in 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 in Form TM-50 shall be signed by the registered proprietor or the 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.

    CORRECTION OF REGISTER

  6. Application for correction of register:- Where an application has been made under sub-section (1) of section 58 for the alteration of the register by correction, change, cancellation or striking out of goods or services or for the entry of a memorandum, the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as he may think fit, as to the circumstances in which the application is made. Such application shall be made in Form TM-16, TM-33, TM-34, TM-35, TM-36, 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.

  7. Alteration of registered trade mark. - Where a person applies under section 59 for leave to add to or alter his registered trade mark, he shall make the application in writing in Form TM-38 and shall furnish five copies of the mark as it will appear when so added to or altered. A copy of the application and of the trade mark so amended or altered shall be served by the applicant on every registered user, if any.

  8. 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 in 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 of each of the notice and statement shall be transmitted forthwith by the Registrar to the registered proprietor and each registered user, if any, and within two months from the receipt by the registered proprietor of such copies he shall sent to the Registrar in Form TM-6 a counterstatement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counterstatement, the Registrar shall ordinarily serve a copy thereof on the person giving notice of opposition within one month and the provisions of rules 50 to 57 shall apply mutatis mutandis to the further proceedings on the opposition. The Registrar shall not, however, refuse the application merely because the registered proprietor has not filed a counterstatement unless he is satisfied that the delay in filing the counterstatement is wilful and is not justified by the circumstance of the case. In case of any 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.


  9. 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 99, he shall also advertise in the Journal the trade marks as altered.

    RE-CLASSIFICATION OF GOODS IN RESPECT OF EXISTING REGISTRATION

  10. Re-classification in respect of existing registration. -

    (1) On the classification set forth in the Fourth Schedule being amended, the registered proprietor of a trade mark may apply to the Registrar in 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 in which, in the 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 in Form TM-41 in triplicate within three months from the date of the advertisement or within such period not exceeding one month in the aggregate and shall be accompanied by a statement in triplicate showing how the proposed amendment would contravene the provisions of sub-section (1) of section 60. 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 within two months send a copy each of the notice and the statement to the registered proprietor and to each registered user, if any, and within two months from the receipt by him of such copies the registered proprietor may send to the Registrar in Form TM-6 a counterstatement in triplicate setting out fully the grounds on which the opposition is contested. If the registered proprietor sends such counterstatement the Registrar shall serve a copy thereof on the person giving notice of opposition within two months and the further procedure for the disposal of the opposition shall be regulated by the provisions of rules 50 to 57 mutatis mutandis. In any case of doubt, any party may apply to the Registrar for directions.
    (5) If there is no opposition within 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 section 25 which shall be determined in the same manner as before the allowing of the conversion.


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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