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PART V

REGISTRATION OF TRADE MARKS AGENTS

  1. Register of trade marks agents. - The Registrar of trade marks shall maintain a register of trade marks agents wherein shall be entered the name, address of the place of residence, address of the principal place of business, the nationality, qualifications and date of registration of every registered trade marks agent.

  2. Registration of existing registered trade marks agents, code of conduct, etc;

    (1) Notwithstanding anything contained in rule 150, every person whose name has been entered in the register of trade marks agents maintained under the old law shall be deemed to be registered as a trade marks agent under these the rules.
    (2) The Registrar may publish in the Journal a code of conduct for the registered trade marks agent authorising them to act as such.


  3. Qualifications for registration. - Subject to the provisions of rule 151, a person shall be qualified to be registered as a trade marks agent if he-

    (i) is a citizen of India;
    (ii) is not less than 21 years of age;
    (iii) has passed the examination prescribed in rule 154 or is an Advocate within the meaning of the Advocates Act,1961 (25 of 1961) or is a Member of the Institute of Company Secretaries of India;
    (iv) is a graduate of any university in India or possess an equivalent qualification; and
    (v) is considered by the Registrar as a fit and proper person to be registered as a trade mark agent.


  4. Persons debarred from registration. - A person shall not be eligible for registration as a trade marks agent if he -

    (i) has been adjudged by a competent Court to be of unsound mind;
    (ii) is an undischarged insolvent;
    (iii) being a discharged insolvent has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;
    (iv) has been convicted by a competent court, whether within or without India of an offence punishable with transportation or imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government by order in this behalf, has removed the disability;
    (v) being a legal practitioner has been held guilty of professional misconduct by any High Court in India or by any Court beyond the limits of India;
    (vi) being a chartered accountant, has been held guilty of negligence or misconduct by a High Court; or
    (vii) being a registered trade marks agent has been held guilty of professional misconduct by the Registrar.


  5. Manner of making application. - All applications under the provisions of this Part shall be made in triplicate and shall be sent to or left at that office of the Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situate.

  6. Application for registration as a trade marks agent. -

    (1) Every person desiring to be registered as a trade marks agent shall make an application in Form TMA-1.
    (2) The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Registrar.


  7. Procedure on application and qualifying requirements. -

    (1) On receipt of an application for the registration of a person as a trade marks agent, the Registrar, if satisfied that the applicant fulfils the prescribed qualifications, shall appoint a date in due course on which the candidate will appear before him for a written examination in Trade Marks Law and practice followed by an interview. The candidate will be expected to possess a detailed knowledge of the provisions of the Act and the rules and a knowledge of the elements of Trade Marks Law.
    (2) The qualifying marks for the written examination and for interview shall be forty percent and sixty percent respectively and a candidate shall be declared to have passed the examination only if he obtained an aggregate of fifty percent. of the total marks.


  8. Certificate of registration. - After a candidate has been interviewed and any further information bearing on his application, which the Registrar may consider necessary has been obtained and if the Registrar considers the applicant eligible and qualified for registration as a trade marks agent, he shall send an intimation to that effect to the applicant and any person so intimated may pay the prescribed fee for his registration as a trade marks agent. Upon receipt of the prescribed fee the Registrar shall cause the applicant's name to be entered in the register of trade marks agents and shall issue to him a certificate in Form O-4 of his registration as a trade marks agents.

  9. Continuance of the name in the register of trade marks agents.-The continuance of a person's name in the register of trade marks agents shall be subject to his payment of the fees prescribed in First Schedule.

  10. Removal of agent's name from the register of trade marks agents. -

    (1) The Registrar shall remove from the register of trade marks agents the name of any registered trade marks agent-
    (a) from whom a request has been received to that effect ; or
    (b) from whom the annual fee has not been received on the expiry of three months from the date on which it became due.

    (2) The Registrar shall remove from the register of trade marks agents, the name of any registered trade marks agent-
    (a) who is found to have been subject at the time of his registration, or thereafter has become subject , to any of the disabilities stated in clauses (i) to(vii) of rule 151; or
    (b) whom the Registrar has declared not to be a fit and proper person to remain in the Register by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity;
    (c) whose name has been entered in the register by an error or on account of misrepresentation or suppression of material fact:
    Provided that before making such declaration under clause (b) and (c) the Registrar shall call upon the person concerned to show cause why his registration should not be cancelled and shall make such further enquiry, if any, as it may consider necessary.

    (3) The Registrar shall remove from the register of trade marks agents the name of any registered trade marks agent who is dead.

    (4) The removal of the name of any person from the register of trade marks agents shall be notified in the Journal and shall, wherever possible , be communicated to the person concerned.


  11. Power of Registrar to refuse to deal with certain agents. -

    (1) The Registrar may refuse to recognise-
    (a) any individual whose name has been removed from, and not restored to the register;
    (b) any person, not being registered as a trade marks agent, who in the opinion of the Registrar is engaged wholly or mainly in acting as agent in applying for trade marks in India or elsewhere in the name or for the benefit of the person by whom he is employed;
    (c) any company or firm, if any person whom the Registrar could refuse to recognise as agent in respect of any business under these rules, is acting as a director or manager of the company or is a partner in the firm.
    (2) The Registrar shall also refuse to recognise as agent in respect of any business under this rule any person who neither resides nor has a place of business in India


  12. Restoration of removed names. -

    The Registrar may , on an application made in Form-TMA-2 within six months from the date of removal of his name from the Register of trade marks agents accompanied by the fee specified in the First Schedule from a person whose name has been removed under clause (b) of sub-rule(1) of rule 157, restore his name to the register of trade marks agents and continue his name therein for a period of one year from the date on which his last annual fee became due.
    The restoration of a name to the register of trade marks agent shall be notified in the Journal and shall be communicated to the person concerned.


  13. Alteration in the register of trade marks agents. -

    (1) A registered trade marks agent may apply in Form TMA-3 for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the register of trade marks agents. On receipt of such application and the fee prescribed in that behalf, the Registrar shall cause the necessary alteration to be made in the register of trade marks agents.
    (2) Every alteration made in the register of trade marks agents shall be notified in the Journal.


  14. Publication of the register of trade marks agents. - The Registrar shall ordinarily publish the list of agents in the register of trade marks agents shall be published in the Journal from time to time, and at least once in two years together with their addresses as entered in the register, the entries being arranged in the alphabetical order of the surnames of the registered trade marks agents and copies thereof may be placed for sale.

  15. Appeal. - An appeal shall lie to Intellectual Property Appellate Board from any order or decision of the Registrar in regard to the registration or removal of trade marks agents under Part V of these rules, and the decision of the Appellate Board shall be final and binding.

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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