Trade Marks (Amendment) Rules, 2011. - G.S.R. 758(E). - Indian Law

MINISTRY OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) NOTIFICATION New Delhi the 13th October, 2011 G.S.R. 758(E).- The following draft of certain rules further to amend the Trade Marks Rules, 2002, which the Central Government proposes to make in exercise of the powers conferred by sub-section (1) and sub-Section (2) of Section 157 of the Trade Marks Act, 1999 (47 of 1999), is hereby published, as required by the said sub-section (1) of the said Act, for information of all persons likely to be affected thereby; and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of forty-five days from the date on which copies of the Gazette of India in which this notification is published, are made available to the public; Any objection or suggestion which may be received from any person with respect to the said draft rules within the period so specified shall be considered by the Central Government; The objections or suggestions may be forwarded to the Joint Secretary, Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi-110011. Draft Rules 1. (1) These rules may be called the Trade Marks (Amendment) Rules, 2011. (2) They shall come into force on the date of their final publication in the Official Gazette. 2. In the Trade Marks Rules, 2002 (hereinafter referred to as the Principal Rules), for rule 8, the following rule shall be substituted, namely:- 8. Leaving of documents etc.- (1) Any application, notice, statement, opposition, renewal, report, fee, form or other documents authorised or required to be filed, left, served, paid, made or given to the Trade Marks Registry or to the Registrar or to any persons under the Act or these rules, shall be tendered by using online electronic transmission duly authenticated. (2) The documents referred to in sub-rule (1) are clear and fully legible and drawn in accordance with provisions of rule 13: Provided that an applicant or a legal entity who is not a trade mark agent or an advocate under the Advocates Act, 1961 uses online transmission he or it may do so, if he or it so desires, without electronic authentication. In such cases the application, notice or other documents shall be duly signed and submitted form also at the appropriate office ordinarily within 15 days from the date of online submission. (3) Any written communication addressed to an applicant at his address as it appears on the electronic Register of Trade Marks or to his address for service given under rule 18 or to an applicant or opponent in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition, or given for service, shall be deemed to be properly addressed. (4) All notices and written communication addressed to an applicant or the opponent in any proceedings under the Act or these rules and all documents transmitted or forwarded to the applicant or opponent, as the case may be, shall except when they are sent by special messenger, be sent by registered post or speed post or courier service or by online transmission duly authenticated. (5) The date of a notice or a written communication addressed to an applicant or opponent in any proceedings under the Act or these rules shall be the date of dispatch of the said notice or written communication, by Registered Post or Speed Post or Courier or fax or online electronic transmission duly authenticated as the case may be unless otherwise specified under the Act or these rules. (6) In case of delay in receipt of document or communication sent by the Trade Marks Registry to a party to any proceedings under the Act or rules, the delay in transmitting or resubmitting a document to the Trade Marks Registry or doing any act by the party may be condoned by the Registrar if a petition for condonation of such delay is made by the party to the Registrar immediately after receipt of the documents or communication along with the statement regarding circumstances of the facts and evidence in support of this statement: Provided that the delay condoned by the Registrar shall not exceed the period between the date on which the party was supposed to have received the document or communication by ordinary course of mail or online electronic transmission and the actual date of receipt of the same . 3. For rule 13 of the Principal Rules, the following rule shall be substituted, namely:- 13. Filing of document and formats, etc.- (1) All documents including copies of any documents, except affidavits sent to the Trade Marks Registry or otherwise submitted to the Registrar shall be submitted by using online electronic transmission facilities in the format provided therewith and shall be- (a) typewritten or printed in Hindi or in English in large and legible characters not less than 0.30 cm high with deep indelible ink with lines widely spaced not less than 1 1 /2 cm spaced; (b) On A/4 size paper of approximately 33 cm by 21 centimeter with a margin of at least 4 centimeter on the top and left hand part and 3 centimeter on the bottom and right hand part thereof; (c) numbered in consecutive English numerals in the centre of the bottom of the page; and (d) provided with numbering on every fifth line of each page of the description and each page of the claims at right half of the left margin. (2) Any signature which is not legible or which is other than English or Hindi shall be accompanied by transliteration of the name either in Hindi or in English in block letters. (3) The reply or response by the applicant or agent to the Examination Report and other documents issued or sent by the Registrar shall be filed electronically using online system of the Trade Marks Registry: Provided where an applicant or a legal entity who is not a trade marks agent or an advocate under the Advocates Act, 1961 uses online electronic transmission, he or it may do so, if he or it so desires without electronic authentication. In such cases, the modified documents required to be filed shall be duly signed and submitted in paper form also at the appropriate office within 15 days from the date of online submission. (4) Where the applications or other documents have been filed using online system, additional copies of application or documents shall not be filed at the appropriate office unless directed otherwise by the Registrar: Provided that where an applicant or a legal entity who is not a trade marks agent or an advocate under the Advocates Act, 1961 prefers for using online system without electronic authentication he or it shall submit two copies of all documents duly signed in paper form at the appropriate office. (5) The name and address of the applicant and other persons shall be given in full together with nationality and such other address, if any, as are necessary for their identification. 4. Sub-rules (3) and (4) of Rule 11 shall be omitted. 5. After sub-rule (1) of Rule 12, the following sub-section is to be inserted: (IA) The forms referred to in sub-rule (1) are to be filed, made, sent or submitted electronically . 6. In the First Schedule to the Principal Rules after entry number 87 the following Note shall be inserted, namely :- Note. All prescribed forms, applications, requests, notices and other petitions shall be filed or received by the Trade Marks Registry or the Registrar using online transmission system unless otherwise specified in the rules . [F. No. 8/66/2010-IPR IV] D.V. PRASAD, A. Secy. Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. G.S.R. 114(E), dated, the 26th day of February, 2002 and subsequently were amended vide notification Nos. G.S.R. 428(E), dated the 20th May, 2010 and G.S.R. 1024(E), dated 29-12-2010.