Jan 15, 2018
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What are the powers and functions of Registrar under Trade Marks Act, 1999?

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What are the powers and functions of Registrar under Trade Marks Act, 1999?

The Trade Marks Registry

“The Trade Marks Registry was established in India in 1940 and presently it administers the Trade Marks Act, 1999 and the rules thereunder”.

The Controller General of Patent, Designs and Trade marks, Official site, Retrieved on 15th January, 2018.

It acts as a resource and information center and is a facilitator in matters relating to trade marks in the country. The objective of the Trade Marks Act, 1999 is to register trade marks applied for in the country and to provide for better protection of trade mark for goods and services and also to prevent fraudulent use of the mark. The main function of the Registry is to register trade marks which qualifies for registration under the Act and Rules.

It acts as a resource and information Centre and is a facilitator in matters relating to trademarks in the country.

The Controller General of Patents, Designs and Trade Marks, Official site, Retrieved on 12th January, 2018.

The Trade Marks Registry  established in India in 1940 and presently it administers the Trade Marks Act, 1999. The objective of the Trade Marks Act, 1999 is:

  1. to register trademarks applied for in the country and
  2. to provide for better protection of trademark for goods and services and also to prevent fraudulent use of the mark.

The main function of the Registry is:

  1. to register trademarks which qualify for registration as per provisions of the Trade Marks Act and Rules, and
  2. to maintain the Register of trademarks.

Powers and functions of Registrar

The Registrar shall have the following powers and functions:

The Registrar has power to :

  1. registration of appeals, petitions and applications;
  2. receive applications for amendment of appeal or the petition or application or subsequent proceedings.
  3. receive applications for fresh summons or notices and regarding services thereof;
  4. transmission of a direction/ order to the civil court as directed by Tribunal with the prescribed certificate(s) for execution etc; and such other incidental/matters as the Chairperson may direct from time to time;
  5. receive applications for fresh summons or notice and for short date summons and notices;
  6. receive applications for substituted service of summons or notices;
  7. withdraw or transfer cases etc.
  8. receive applications for seeking orders concerning the admission and also inspection of documents.

Power of adjournment

All adjournments shall normally presented before the concerned bench in court. In extraordinary circumstances, the Registrar shall at any time adjourn any matter and lay the same before the Tribunal in chambers. If so directed by the Tribunal in chambers.

Delegation powers of the Chairperson.-

The Chairperson may assign and also delegate to a Deputy Registrar or to any other suitable officer all or some of the functions required by these rules to exercised by the Registrar.

 

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