Trademark Rules

(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.

(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.

(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.

(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.