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The Trade Marks Rules, 2017

[As notified by the Government of India]t

Part I – Procedure

Chapter I – Preliminary

1. Short Title and Commencement

2. Definitions

3. Principal Place of Business in India

4. Appropriate Office of the Trade Marks Registry

5. Jurisdiction of Appropriate Office Not Altered by Change
6. Entry of the Appropriate Office in the Register
7. Transfer of Pending Applications and Proceedings
8. Leaving of Documents
9. Issue of Notices
10. Fees
11. Forms
12. Size, Etc., of Documents
13. Signing of Documents
14. Service of Documents
15. Particulars of Address
16. Statement of Principal Place of Business
17. Address for Service
18. Service of Documents by Registrar
19. Agency
20. Classification of Goods and Services
21. Preliminary Advice by Registrar

Chapter II – Procedure for Registration of Trade Marks Applications

22. Application for Registration of a Trademark
23. Form and Signing of Application
24. Application Under Convention Arrangement
25. Statement of User
26. Representation of Trademark
27. Series of Trademarks
28. Transliteration and Translation
29. Names and Representations of Living Persons
30. Name or Description of Goods or Services
31. Deficiencies in Applications
32. Acknowledgment of Application
33. Examination of Application
34. Expedited Processing of Application
35. Withdrawal of Application
36. Decision of Registrar
37. Correction and Amendment of Application
38. Withdrawal of Acceptance by Registrar
39. Advertisement of Application
40. Notification of Correction
41. Request to Registrar for Particulars of Advertisement
42. Notice of Opposition

Chapter III – Renewal of Registration and Restoration

57. Renewal of Registration
58. Notice Before Removal of Trademark
59. Advertisement of Removal of Trademark
60. Restoration and Renewal of Registration
61. Notice and Advertisement of Renewal

Chapter IV – Special Provisions Relating to Protection of Trademarks Through International Registration under Madrid Protocol

62. Definitions
63. Language
64. Issue of Notices or Communications
65. International Application in Respect of India
66. Verification and Certification of International Application
67. Handling Fee
68. Keeping the Record of International Registrations
69. Examination of Application
70. Invalidation of Protection
71. Effect of Cancellation of International Registration
72. Collective and Certification Trademarks
73. Replacement of National Registration
74. Applicability of Madrid Protocol

Part II – Special Provisions for Collective Trademarks

Chapter V – Assignment and Transmission

75. Application for Entry of Assignment or Transmission
76. Case Accompanying Application
77. Proof of Title
78. Impounding of Instruments
79. Assignment Involving Transmission of Moneys Outside India
80. Application for Registrar’s Direction as to Advertisement
81. Application for Entry of Assignment Without Goodwill
82. Separate Registration
83. Registrar’s Certificate of Approval
84. Entry in Register of Particulars of Assignment
85. Registration of Assignment to a Company

Part III – Special Provisions for Certification Trademarks

Chapter VI – Registered User

86. Application for Registration as Registered User
87. Consideration by Registrar
88. Hearing Before Refusing an Application
89. Entry in the Register
90. Registration Not to Imply Authorisation
91. Communication of Registration
92. Registered Proprietor’s Application to Vary Entry
93. Cancellation of Registration of Registered User
94. Power of Registrar to Call for Information
95. Procedure on Application to Vary Entry
96. Registered User’s Application for Renewal

Part IV – Registration of Trademark Agents

Chapter VII – Rectification and Correction of Register

97. Application to Rectify or Remove a Trademark
98. Further Procedure
99. Intervention by Third Parties
100. Rectification of Register by Registrar
101. Alteration of Registered Trademark
102. Adaptation of Entries to Amended or Substituted Classification of Goods or Services

Part V – Language of the Trade Marks Registry

Chapter VIII – Miscellaneous

106. Refusal or Invalidation of Registration
107. Single Application
108. Divisional Application
109. Extension of Time
110. Exercise of Discretionary Power of Registrar
111. Communication of Decision
112. Amendments and Corrections
113. Directions Not Otherwise Prescribed
114. Opinion of Registrar
115. Hearings
116. Costs in Uncontested Cases
117. Scale of Costs
118. Review of Decisions of Registrar
119. Form of Affidavit

Part VI – Repeal

Forms