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TMI BlogTrade Marks (Amendment) Rules, 2013.X X X X Extracts X X X X X X X X Extracts X X X X ..... s and suggestions from all persons likely to be affected thereby, before the expiry of forty Five days from the date on which copies of the Gazette containing notification were made available to the public;. And whereas, the said notification was made available to the public on 25th August, 2012; And whereas no-objections and suggestions were received from the public; Now, therefore, in exercise of the powers conferred by sub-section (1) and (2) of section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules, namely:- 1. (1) These rules may be called the Trade Marks (Amendment) Rules, 2013. (2)They shall come into force on such date as the Central Government may, by notification in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espond to those given in the classification of goods and services published by the Registrar under sub-rule (2) of rule 22." 5. In rule 47 of the said rules, - (a) for sub-rule (1) the following sub-rule shall be substituted, namely:- "(1) A notice of opposition to the registration of a trade mark under sub-section (1) of section 21, with such particulars as specified in rule 48, shall be given in duplicate in form TM-5 within four months from the date of publication of the Trade Marks Journal in which the application for registration of the trade mark was advertised or re-advertised:" (b) Sub-rule (6) shall be omitted. 6. After Chapter III of the said rules, the following Chapter shall be inserted, namely:- CHAPTER III ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia, or any communication relating thereto in accordance with the Common Regulations shall be filed electronically through the Trade Marks International Application System. 67E. Verification and Certification of international application in respect of which India is the country of origin. (1) Where an international application is filed under section 36D for transmission to the International Bureau, the Registrar shall certify the contents of the application in Form MM2(E) as provided by International Bureau subject to the payment of fees as specified in Entry No 88 of the First Schedule. (2) Where the international application complies with the requirements, the Registrar shall so certify in the international application indicating also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting party, have the same effect as if it had been recorded by the Registrar in the Register of Trade Marks. 67H. Examination of application under section 36E. - (1) The advice referred to in rule 67G shall be examined ordinarily within two months from the date of receipt of such advice. (2) Where, the Registrar finds that the mark which is the subject of an international registration designating India, cannot he protected, he shall, before the expiry of refusal period applicable under article 5 of the Madrid Protocol, notify to the International Bureau a provisional refusal of protection. (3) Where there are no grounds for refusal to grant protection, the Registrar shall advertise the particulars concerning international registration un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s granted to the mark in India. (9) Where there is further decision affecting the protection of mark in India, the Registrar shall, send further statement to the International Bureau to that effect. 67I. Invalidation of protection. - Where the protection resulting from an international registration has ceased to have effect, or varied, in India, as a result of legal proceedings under the Act, the Registrar shall notify the International Bureau accordingly. 67J.Effect of cancellation of international registration.- Where an International registration is cancelled at the request of office of origin, the provisions of article 9 quinquies of the Protocol shall apply to such international registration in so far as it designates India. 67K. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... file original document, duly stamped original instrument or deed, as the case may be, purporting to transfer the title in the trade mark and a statement of case in support of his request. If the Registrar so requires, the statement of case shall be verified by an affidavit in form TM-18: Provided that the Registrar may permit the applicant to submit the duly certified copy of the AV instrument or deed, in case the applicant justifies that original instrument or deed cannot be submitted. (2) The Registrar shall dispose of an application made under rule 68 ordinarily within three months from the date of application, and intimate the same to the applicant. (3) After entry of the transfer of title, the Registrar shall return the original do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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