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Trade Marks Act, 1999

157. Power to make rules.-

(1) The Central Government may, by notification in the Official Gazette and subject, to the conditions of previous publication, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(i) the matters to be included in the Registrar of Trade Marks under sub-section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskette or in any other electronic form under sub-section (2) of that section.

(ii) the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8.

(iii) the manner in which the Registrar may notify a word as an international non-proprietary name under section 13.

(iv) the manner of making an application for registration of a trade mark under sub-section (5) of section 16.

(v) the manner of making an application for registration of a trade mark under sub-section (1) of section 18.

(vi) the manner of advertising of an application for registration under sub-section (1) , and the manner of notifying corrections or amendments under sub-section (2) of section 20.

(vii) the manner of making an application and the fee payable for such application giving notice under sub-section (1) and sending counter statements under sub-section (1) and sending counter statements under sub-section (2) and submission of evidence and the time therefor sub-section (4) of section 21.

(viii) the form of certificate of registration under sub-section (2), and the manner of giving notice to the applicant under sub-section (3) of section 23.

(ix) 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.

(x) the manner of submitting statement of case under sub-section (2) of section 40.

(xi) the manner of making an application by the proprietor of a trade mark under section 41.

(xii) the manner of making an application for assignment or transmission of a certification trade mark under section 43.

(xiii) the manner of making an application to the Registrar to register title under sub-section (1) of section 45.

(xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46.

(xv) the manner of making an application under sub-section 92) of section 47.

(xvi) the manner of 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.

(xvii) the manner of 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.

(xviii) the manner of 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.

(xix) the manner of making an application under section 58.

(xx) the manner of 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.

(xxi) the manner of advertisement under sub-section (2) of section 60.

(xxii) the other matters to be specified in the regulations under sub-section (2) of section 63.

(xxiii) the manner of making an application under sub-section (1) of section 71.

(xxiv) the manner of advertising an application under section 73.

(xxv) the manner of making an application under section 77.

(xxvi) the classes of goods under section 79.

(xxvii) determination of character of textile goods by sampling under section 82.



Trade Marks Act, 1999 Back




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