The Trade Marks Rules 2017 - Overview

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Legislative Overview

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The field of intellectual property encompasses intangible assets for which statutory safeguards are essential to protect the rights of their owners. In India, the Trade Marks Act, 1999 establishes the primary legal framework for trademark protection, while the Trade Marks Rules, 2017 constitute its delegated legislation and govern the administration of the trademark regime.

Structure of the Trade Marks Rules, 2017

The Trade Marks Rules, 2017 are organised into Six (06) Parts, comprising one hundred and fifty-eight (158) sections and four (04) Schedules. These provisions collectively address all procedural, substantive and ancillary aspects of trademark registration, maintenance and enforcement in India.

• THE FIRST SCHEDULE
• THE SECOND SCHEDULE
• THE THIRD SCHEDULE
• THE FOURTH SCHEDULE

Each Schedule sets out prescribed forms, fees and procedural requirements necessary for the processing and examination of trademark applications, renewals, oppositions and other related matters before the Registrar of Trade Marks.

 Amendments to the Trade Marks Rules

• The Trade Marks Rules, 2017
• The Trade Marks (Amendment) Rules, 2013
• The TM Amendment Rules, 2013 (Gazette Notification)
• The Trade Marks Rules, 2002 (Forms and Fee)

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Bare Act Overview

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Table of Contents

CHAPTER I - PRELIMINARY

• Rule 1. Short title and commencement
• Rule 2. Definitions
• Rule 3. Principal place of business in India
• Rule 4. Appropriate office of the Trade Marks Registry
• Rule 5. Jurisdiction of appropriate office not altered by change in the principal place of business or address Rule for service
• Rule 6. Entry of the appropriate office in the Register
• Rule 7. Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry
• Rule 8. Leaving of documents, etc
• Rule 9. Issue of notices etc
• Rule 10. Fees
• Rule 11. Forms
• Rule 12. Size, etc of documents
• Rule 13. Signing of documents
• Rule 14. Service of documents
• Rule 15. Particulars of address etc
• Rule 16. Statement of principal place of business in India in the application
• Rule 17. Address for service
• Rule 18. Service of Documents by the Registrar
• Rule 19. Agency
• Rule 20. Classification of goods and service
• Rule 21. Preliminary advice by Registrar as to distinctiveness
• Rule 22. Request to Registrar for Search

CHAPTER II: PROCEDURE FOR REGISTRATION OF TRADEMARKS APPLICATION

• Rule 23. Form and signing of application.
• Rule 24. Application under convention arrangement.
• Rule 25. Statement of user in applications.
• Rule 26. Representation of trademark.
• Rule 27. Series Trademarks.
• Rule 28. Transliteration and translation.
• Rule 29. Names and representations of living persons or persons recently dead.
• Rule 30. Name or description of goods or services on a trademark.
• Rule 31. Subject to sub-rule (2) of rule 10, 
• Rule 32. Acknowledgement of the Application.
• Rule 33. Examination, Objection to acceptance, hearing.
• Rule 34. Expedited Processing of Application.
• Rule 35. Notice of withdrawal of application for registration.
• Rule 36. Decision of Registrar.
• Rule 37. Correction and amendment of application.
• Rule 38. Withdrawal of acceptance by the Registrar.
Advertisement of Application

• Rule 39. Manner of Advertisement
• Rule 40. Notification of correction or amendment of application
• Rule 41. Request to Registrar for particulars of advertisement of a trademark.
Opposition to Registration

• Rule 42. Notice of Opposition.
• Rule 43. Requirements of Notice of Opposition.
• Rule 45. Evidence in support of opposition.
• Rule 46. Evidence in support of application
• Rule 47. Evidence in reply by opponent.
• Rule 48. Further evidence
• Rule 49. Translation of documents.
• Rule 50. Hearing and decision
• Rule 51. Security for costs.
• Notice of Non-Completion of Registration
• Rule 52. Procedure for giving notice
Registration

• Rule 53. Entry in the Register.
• Rule 54. Associated trademarks.
• Rule 55. Death of applicant before registration
• Rule 56. Certificate of registration.

CHAPTER III: RENEWAL OF REGISTRATION AND RESTORATION

• Rule 57. Renewal of registration.
• Rule 58. Notice before removal of trademark from register.
• Rule 59. Advertisement of removal of trademark from the register
• Rule 60. Restoration and renewal of registration
• Rule 61. Notice and advertisement of renewal and restoration

CHAPTER IV: SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADEMARKS THROUGH THE INTERNATIONAL REGISTRATION UNDER MADRID PROTOCOL

• Rule 62. Rule
• Rule 63. Rule
• Rule 64. Issue of notices or communications etc. and response thereto.
• Rule 65. International application in respect of which India is the country of origin
• Rule 66. Verification and Certification of international application in respect of which India is the country of origin.
• Rule 67. Handling fee
• Rule 68. Manner of keeping the record of international registrations where India has been designated.
• Rule 70. Invalidation of protection.
• Rule 71. Effect of cancellation of international registration.
• Rule 72. Collective and Certification Trademarks
• Rule 73. Replacement of national registration.
• Rule 74. Subject to provisions of the Act

CHAPTER V: ASSIGNMENT AND TRANSMISSION

• Rule 75. Application for entry of assignment or transmission
• Rule 76. Case accompanying application
• Rule 77. Proof of title
• Rule 78. Impounding of Instruments.
• Rule 79. Assignments involving transmission of moneys outside India
• Rule 80. Application for Registrar's direction as to advertisement of an assignment of a trademark without goodwill of the business.
• Rule 81. Application for entry of assignment without goodwill
• Rule 82. Separate registration
• Rule 83. Registrar's certificate or approval as to certain assignment and transmissions
• Rule 84. Entry in register, of particulars of assignment.
• Rule 85. Registration of assignment to a company under section 46

CHAPTER VI: REGISTERED USER

• Rule 86. Application for registration as registered user.
• Rule 87. Consideration by the Registrar.
• Rule 88. Hearing before refusing an application or to accept it conditionally.
• Rule 89. Entry in the register.
• Rule 90. Rule 90
• Rule 91. Communication of registration as registered user.
• Rule 92. Registered proprietor's application to vary entry.
• Rule 93. Cancellation of registration of registered user.
• Rule 94. Power of the Registrar to call for information with respect to registered user.
• Rule 95. Procedure on application to vary entry or cancel registration.
• Rule 96. Registered user's application.

CHAPTER VII: RECTIFICATION AND CORRECTION OF REGISTER ALTERATION OR RECTIFICATION OF REGISER

• Rule 97. Application to rectify or remove a trademark from the register.
• Rule 98. Further procedure.
• Rule 99. Intervention by third parties
• Rule 100. Rectification of the register by the Registrar of his own motion.-
• Rule 101. Alteration of address in register
• Rule 102. Alteration of registered trademark.
• Rule 103. Advertisement before decision and opposition etc.
• Rule 104. Decision, Advertisement, Notification.
• Rule 105. Re-classification in respect of existing registration.

CHAPTER VIII: MISCLLANEOUS

• Rule 106. Refusal or invalidation of registration of a trademark conflicting with a geographical indication.
• Rule 107. Single application under sub-section (2) of section 18.
• Rule 108. Divisional Application.
• Rule 109. Extension of time.
• Rule 110. Exercise of discretionary power of Registrar.
• Rule 111. Communication of decision.
• Rule 112. Amendments and correction of irregularity in procedure.
• Rule 113. Directions not otherwise prescribed.-
• Rule 114. Opinion of the Registrar under section 115(4).
Hearings

• Rule 115. Hearings.
Awards of Costs by Registrar

• Rule 116. Costs in uncontested cases
• Rule 117. Exception to rule 116.
• Rule 118. Scale of costs.
• Review of Decisions of the Registrar
• Rule 119. Application for review of Registrar's decision
Affidavit

• Rule 120. Form, etc; of Affidavits.-
Inspection of Documents by Public

• Rule 121. Inspection of documents
Certificates

• Rule 122. Certified copies of documents.
• Rule 123. Power of Registrar to notify International Non-proprietary names.
Well-Known Trademarks

• Rule 124. Determination of Well Known Trademark by Registrar.
• Appeal to the Intellectual Property Appellate Board
• Rule 125. Time for appeal.
• Rule 126. Service to the Registrar.
• Certificate of Validity
• Rule 127. Certificate of validity to be noted.
• Return of Exhibits and Destruction of Records
• Rule 128. Return of exhibits.
• Rule 129. Destruction of records.

PART II: SPECIAL PROVISIONS FOR COLLECTIVE TRADEMARKS

• Rule 130. Rules to apply to collective trademarks.
• Rule 131. Application for registration and proceedings relating thereto
• Rule 132. Case accompanying application.
• Rule 133. Examination, Hearing, Opposition, Registration, and Renewal
• Rule 134. Amendment of regulations relating to collective trademarks and renewal.
• Rule 135. Removal of collective trademark

PART III: SPECIAL PROVISION FOR CERTIFICATION TRADEMARK

• Rule 136. Rules to apply to certification Trademarks
• Rule 137. Application for registration and proceedings relating thereto
• Rule 138. Statement of case accompanying application
• Rule 139. Examination, Hearing, Opposition, Registration, and Renewal
• Rule 140. Cancellation or variation of registration of certification trademark
• Rule 141. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks.

PART IV: REGISTRATION OF TRADEMARKS AGENTS

• Rule 142. Register of Trademarks Agents
• Rule 143. Registration of existing registered trademarks agents, code of conduct, etc
• Rule 144. Qualifications for registration.
• Rule 145. Persons debarred from registration.
• Rule 146. Manner of making application
• Rule 147. Application for registration as a trademarks agent
• Rule 148. Procedure on application and qualifying requirements.
• Rule 149. Certificate of registration.
• Rule 150. Continuance of the name in the register of Trade Marks Agents.
• Rule 151. Removal of agent's name from the register of Trade Marks agents.
• Rule 152. Power of Registrar to refuse to deal with certain agents.
• Rule 153. Restoration of removed names
• Rule 154. Alteration in the register of Trademarks Agents.
• Rule 155. Publication of the register of trademarks agents.
• Rule 156. Rule 156

Part V: Language of the Trade Marks Registry

• Rule 157. Language of the Trade Marks Registry

PART VI: REPEAL

• Rule 158. REPEAL

SCHEDULES - The Trade Marks Rules, 2017

• THE FIRST SCHEDULE
• THE SECOND SCHEDULE
• THE THIRD SCHEDULE
• THE FOURTH SCHEDULE

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