Jan 17, 2018
275 Views
0 0

What are the powers of Central government relating to making of rules under Trade Marks Act, 1999?

Written by

What are the powers of Central government relating to making of rules under Trade Marks Act, 1999?

What is Trade Mark?

Trade mark means

  • a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors; and
  • in relation to a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

Power to make rules.-

1. The Central Government may make rules to carry out the provisions of the Act. The central government may by notification in official Gazette publish the such rules. Such rules may provide for all or any of the following matters and manner in which or of :

  1. the matters included in the Registrar of Trade Marks and the safeguards applied in maintaining records on computer floppies or diskette or in any other electronic form.
  2. publication of alphabetical index of classification of goods and services.
  3. the Registrar may notify a word as an international non-proprietary name under section 13 of the Act.
  4.  of making an application for registration of a trade mark.
  5.  of making an application for registration of a trade mark.
  6. the form of certificate of registration.
  7. advertising of an application for registration
  8. making an application and the fee payable for such application giving notice  sending counter statements  and sending counter statements and submission of evidence and the time.
  9. giving notice to the applicant under sub-section (3) of section 23.
  10. the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section.
  11. submitting statement of case under sub-section (2) of section 40.
  12. making an application by the proprietor of a trade mark under section 41.
  13. notifying corrections or amendments.
  14. making an application for assignment or transmission of a certification trade mark under section 43.
  15.  making an application to the Registrar to register title under sub-section (1) of section 45.
  16.  the period within which an application to made under sub-section (4) of section 46.
  17.  making an application under sub-section 92) of section 47.
  18.  making an application, documents and other evidence to accompany such application under sub-section (1) and the manner in which notice is to be issued under sub-section (3) of section 49.
  19. determination of character of textile goods by sampling under section 82.
  20. making an application under sub-section (1), the manner of issuing a notice under sub-section (2) and the procedure for canceling a registration under sub-section (3) of section 50.
  21. making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section 95) of section 57.
  22. the other matters to be specified in the regulations under sub-section (2) of section 63.
  23. making an application under section 58.
  24. making an application under sub-section (1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub-sections (2) and (3) of section 59.
  25.  advertisement under sub-section (2) of section 60.
  26. making an application under sub-section (1) of section 71.
  27. advertising an application under section 73.
  28. the classes of goods under section 79.
  29. making an application under section 77.

Leave a Comment

Your email address will not be published. Required fields are marked *

Bitnami