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PART III

SPECIAL PROVISIONS FOR CERTIFICATION TRADE MARKS

  1. Rules to apply to certification trade marks. - The provisions of Part I, Part IV and Part VII of the rules shall, in their application to certification trade marks, apply only subject to the provisions of this Part.

  2. Application for registration and proceedings relating thereto. -

    (1) An application for the registration of a certification trade mark under sub- section (1) of section 71 shall be made to the Registrar in Form TM-4, Form TM-65 and in the case of a single application in Form TM-68 or Form TM-69 as the case may be, in triplicate and shall be accompanied by five additional representations of the mark. The draft regulations to be submitted with the application shall be in triplicate 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 sub-rule (5) of rule 38 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.
    (5) The regulation governing a certification trade mark shall specify inter alia:-
    (a) a description of the applicant;
    (b) the nature of the applicant's business;
    (c) the particulars of infrastructure like R &D, technical manpower support;
    (d) the applicants competence to administer the certification scheme;
    (e) the applicants financial arrangement;
    (f) an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulations;
    (g) the characteristic the mark will indicate in the certified goods or in relation to the rendering of certified services;
    (h) the manner of monitoring the use of the mark in India; and
    (i) such other relevant particulars as may be called for by the Registrar.


  3. Statement of Case accompanying application. -

    (1) The applicant shall forward a statement of case to the Registrar with the application setting out the grounds in which he relies in support of the application. Such case shall be furnished in triplicate.
    (2) The Registrar shall cause the application for the registration of a certificate trade mark to be examined in the first instance as to whether it satisfies the requirement of the Act and the rules and issue a report to the applicant.


  4. Hearing by the Registrar before refusing an application or to accept it conditionally. - The Registrar shall not refuse an application for registration of a certification trade mark or accept the application subject to any conditions or limitations or impose amendments or modifications to the application or to the regulations without giving to the applicant an opportunity of being heard and the procedure thereto shall be regulated by the provisions of sub-rule (4) of rule 38 to rule 42 of these rules.

  5. Opposition to registration of certification trade mark and renewal. -

    (1) On acceptance of the application the Registrar shall cause the application to be advertised in the Journal and the provisions of rules 47 to 57 shall apply mutatis mutandis as they apply in relation to an application for the registration of a trade mark.
    (2) In case of doubt with regard to the proceedings on the opposition to the registration of a certification trade mark, any party may apply to the Registrar for directions.
    (3) A certification trade mark may be renewed from time to time and the provisions of rule 63 to 67 shall apply mutatis mutandis in respect of such request for renewal.

  6. Rectification of certification trade mark. - An application for cancellation or variation of registration of a certification trade mark on any of the grounds mentioned in section 77 shall be made in Form TM-43 and shall set forth particulars of the grounds on which the application is made. The provisions of rule 92 to 94 shall apply mutatis mutandis to further proceedings in the matter.

  7. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification trade marks. -

    (1) An application by the registered proprietor of a certification trade mark under sub-section (2) of section 74 to alter the deposited regulation shall be made in Form TM-42 and where the Registrar decides to permit such alteration it shall be advertised in the Journal and further proceeding in the matter shall be governed by rules 47 to 57.
    (2) An application for the consent of the Registrar to the assignment or transmission of a certification trade mark under section 43 shall be made in Form TM-62.


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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