Trade Marks Rules, 1959




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Section
 Section Title
  INTRODUCTION
  CHAPTER 1 : PRELIMINARY View Judgements
  1 Short title and commencement View Judgements
  2 Definitions View Judgements
  3 Principal place of business in India View Judgements
  4 Appropriate office of the Trade Marks Registry View Judgements
  5 Jurisdiction of appropriate office not altered by change in the principal place of business or address for service View Judgements
  6 Entry of the appropriate office in the Register View Judgements
  7 Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry View Judgements
  8 Leaving of documents etc [1] View Judgements
  9 Documents etc. filed or left not at the appropriate office [1] View Judgements
  10 Issue of notices etc View Judgements
  11 Fees View Judgements
  12 Forms View Judgements
  13 Size, etc of documents View Judgements
  14 Signing of documents View Judgements
  15 Service of documents View Judgements
  16 Particulars of address etc. of applicants and other persons View Judgements
  17 Statement of principal place of business in India in an application View Judgements
  18 Address for service View Judgements
  19 Address for service in application and opposition proceedings View Judgements
  20 Non-availability of an address for service View Judgements
  21 Agency View Judgements
  22 Classification of goods or services View Judgements
  23 Preliminary advice by Registrar as to distinctiveness View Judgements
  24 Request to Registrar for search View Judgements
  CHAPTER II. : PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION FOR REGISTRATION OF TRADE MARKS View Judgements
  25 Form and signing of application View Judgements
  26 Application to be confined to one class, etc View Judgements
  27 Statement of user in applications View Judgements
  28 Representation of mark View Judgements
  29 Additional representations View Judgements
  30 Representations to be durable and satisfactory View Judgements
  31 Specimens of the mark in exceptional cases View Judgements
  32 Series of trade marks View Judgements
  33 Transliteration and translation View Judgements
  34 Names and representations of living persons or persons recently dead View Judgements
  35 Name or description of goods or services on a mark View Judgements
  36 Application under reciprocal arrangements View Judgements
  37 Acknowledgement of receipt of applications View Judgements
  38 Search View Judgements
  39 Objection to acceptance, Hearing View Judgements
  40 Notice of withdrawal of application for registration View Judgements
  41 Decision of Registrar View Judgements
  42 Disclaimer View Judgements
  43 Correction and amendment of application View Judgements
  44 Withdrawal of acceptance by the Registrar View Judgements
  45 Application for registration of a defensive trade mark View Judgements
  46 Manner of Advertisement View Judgements
  47 Fee and printing block View Judgements
  48 Advertisement of series View Judgements
  49 Notification of correction or amendment of application View Judgements
  50 Request to Registrar for particulars of advertisement of a mark.-Any person may request the Registrar on form TM View Judgements
  51 Notice of Opposition View Judgements
  52 Counterstatement .-The counterstatement required by sub-section (2) of section 21 shall be sent in triplicate on form TM View Judgements
  53 Evidence in support of opposition by the opponents View Judgements
  54 Evidence in support of application View Judgements
  55 Evidence in reply by opponent View Judgements
  56 Further evidence View Judgements
  57 Exhibits View Judgements
  58 Translation of documents View Judgements
  59 Hearing and decision View Judgements
  60 Security for costs View Judgements
  61 Procedure for giving notice View Judgements
  62 Entry in the Register View Judgements
  63 Associated marks View Judgements
  64 Death of applicant before registration View Judgements
  65 Certificate of registration View Judgements
  CHAPTER III :RENEWAL OF REGISTRATION AND RESTORATION View Judgements
  66 Renewal of Registration View Judgements
  67 Notice before removal of trade mark from register View Judgements
  68 Advertisement of removal of trade mark from the register View Judgements
  69 Restoration and renewal of registration.-An application for the restoration of a trade mark to the register and renewal of its registration under sub-section (4) of section 25, shall be made in Form TM View Judgements
  70 Notice and advertisement of renewal and restoration View Judgements
  CHAPTER IV : ASSIGNMENT AND TRANSMISSION View Judgements
  71 Application for entry of assignment or transmission View Judgements
  72 Particulars to be stated in application View Judgements
  73 Case accompanying application View Judgements
  74 Proof of title View Judgements
  75 Impounding of Instruments View Judgements
  76 Assignments involving transmission of moneys outside India View Judgements
  77 Application for Registrar's direction as to advertisement of an assignment of a trade mark without goodwill of the business.-(1) An application for directions under section 41 shall be made on form TM View Judgements
  78 Application for entry of assignment without goodwill View Judgements
  79 Separate registration View Judgements
  80 Registrar's certificate or approval as to certain assignment and transmissions.-Any person who desires to obtain the Registrar's certificate under sub-section 2 of section 39 or his notification of approval under section 40 shall send to the Registrar with his application on form TM.-17 or form TM View Judgements
  81 Registration of assignment to accompany under section 46.-For the purposes of sub-section (3) of section 45, the period within which a company may be registered as the subsequent proprietor of a registered trade mark upon application made under rule 71 shall be six months from the date of advertisement in the Journal of the registration of the trade mark or such further period not exceeding six months as the Registrar may allow on application being made on form TM View Judgements
  CHAPTER V : REGISTERED USERS View Judgements
  82 Application for registration as registered user View Judgements
  83 Particulars to be stated in the agreement View Judgements
  84 Refusal to forward by Registrar an application for non-appliance with the rules View Judgements
  85 Consideration by the Central Government View Judgements
  86 Hearing before issuing direction to refuse an application or to accept it conditionally View Judgements
  87 Entry in the register View Judgements
  87A Registration not to imply authoirsation to transmit money outside India View Judgements
  88 Notification of registration as registered user View Judgements
  89 Registered proprietor's application to vary entry View Judgements
  90 Cancellation of registration of registered user.-(1) An application for the cancellation of the registration of a registered user under clause(b)or clause (c) or clause (d) of sub-section (1) of Section 52 shall be made on form TM View Judgements
  91 Power of the Registrar to require information for enforcing quality control View Judgements
  92 Procedure on application to vary entry or cancel registration View Judgements
  93 Registered user's application under section 57(2).-Application under sub-section (2) of section 57 shall be made on form TM.-16. or Form TM-33 or Form TM View Judgements
  CHAPTER VI : RECTIFICATION AND CORRECTION OF REGISTER View Judgements
  94 Application to rectify or remove a trade mark from the register View Judgements
  95 Further procedure View Judgements
  96 Intervention by third parties View Judgements
  97 Rectification of the register by the Registrar of his own motion View Judgements
  98 Alteration of address in register View Judgements
  99 Application under Section 57(1).- Where an application has been made under Sub-section (1) of section 57 for the alteration of the register by correction, change, cancellation or striking on goods or services or for the entry of a disclaimer or memorandum the Registrar may require the applicant to furnish such evidence by affidavit or otherwise as the Registrar may think fit, as to the circumstances in which the application is made. Such application shall be made on Form TM-16 , TM-33., TM View Judgements
  100 Advertisement of certain applications View Judgements
  101 Alteration of registered trade mark View Judgements
  102 Advertisement before decision and opposition etc View Judgements
  103 Decision - Advertisement - Notification View Judgements
  104 Printing block and fee for advertisement View Judgements
  105 Re-classification in respect of existing registration View Judgements
  CHAPTER VII : MISCELLANEOUS View Judgements
  106 Extension of time View Judgements
  107 Exercise of discretionary power of Registrar View Judgements
  108 Notification of decision View Judgements
  109 Amendments and correction of irregularity in procedure View Judgements
  110 Directions not otherwise prescribed View Judgements
  111 Hearings View Judgements
  112 Costs in uncontested cases View Judgements
  113 Exception to rule 112 View Judgements
  114 Scale of costs View Judgements
  115 Application for review of Registrar's decision View Judgements
  116 Form, etc of Affidavits View Judgements
  117 Inspection of documents View Judgements
  118 Distribution of copies of Journal and other documents View Judgements
  119 Certified copies of documents View Judgements
  120 Certificate for use in obtaining registration abroad View Judgements
  121 Time for appeal View Judgements
  122 Application made to the HIGH COURT to be served on the Registrar View Judgements
  123 Certificate of validity to be noted View Judgements
  124 Return of exhibits and printing blocks View Judgements
  125 Destruction of records View Judgements
  126 Rules to apply to certification trade marks.122 View Judgements
  127 Application for registration and proceedings relating thereto View Judgements
  128 Case accompanying application View Judgements
  129 Hearing by the Central Government before issuing directions to the Registrar to accept an application or to accept it conditionally View Judgements
  130 Opposition to registration of certification trade marks View Judgements
  131 Rectification of certification trade mark entries View Judgements
  132 Alteration of regulations relating to certification trade mark View Judgements
  133 Consent of Central Government to assignment or transmission of certification trade marks View Judgements
  134 Definitions View Judgements
  135 Rules to apply to textile marks View Judgements
  136 Textile Marks View Judgements
  137 Textile Goods View Judgements
  138 Application to register word mark View Judgements
  139 Application to register letters or numerals or any combination thereof View Judgements
  140 Application to register letters or numerals or any combination thereof in respect of items of textile goods View Judgements
  141 Application for registration of other textile marks View Judgements
  142 NO TITLE View Judgements
  143 NO TITLE View Judgements
  144 Non-registrability of certain marks View Judgements
  145 Marks likely to deceive or to cause confusion View Judgements
  146 Register of Trade marks Agents View Judgements
  147 Registration of existing registered trade marks agents View Judgements
  148 Qualifications for registration View Judgements
  149 Persons debarred from registration View Judgements
  150 Manner of making application View Judgements
  151 Application for registration as a trade marks agent View Judgements
  152 Procedure on application and qualifying requirements View Judgements
  153 Certificate of registration View Judgements
  154 Continuance of a name in the Register of Trade Marks Agents View Judgements
  155 Removal of agent's name from the Register of Trade marks Agents View Judgements
  156 Restoration of removed names View Judgements
  157 Alteration in the Register of Trade Marks Agents View Judgements
  158 Publication of the Register of Trade marks Agents View Judgements
  158A Appeal View Judgements
  159 Definitions View Judgements
  160 Testing for length and width of piece-goods View Judgements
  161 Allowances for peculiarities of cloth and for stretching View Judgements
  162 Testing of yarns View Judgements
  163 Number of samples to be selected View Judgements
  164 Further examination View Judgements
  165 Manner of selection and testing of Samples View Judgements
  166 Stove Test View Judgements
  167 Place of testing View Judgements
  168 Security View Judgements
  169 Piece-goods View Judgements
  170 Stamping of piece-goods View Judgements
  171 Cases where requirement as to stamping may be waived View Judgements
  172 Nature of stamping required View Judgements
  173 Languages and numerals to be used for marking View Judgements
  174 Indications of weight, length, name of manufacturer etc View Judgements
  175 Manner of marking cotton yarn and cotton thread View Judgements
  176 Marking of cover View Judgements
  177 Markings to be clear and distinct View Judgements
  178 Manner of expressing count of cotton-yarn View Judgements
  179 Indication of other particulars View Judgements
  180 Exemptions View Judgements
  181 Repeal View Judgements



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