Trade Marks Act, 1999
85. Qualifications for appointments as Chairman, Vice-Chairman, or other Member.-
(1) A person shall not be qualified for appointment as the Chairman unless he -
(a) is, or has been, a Judge of a High Court, or
(b) has, for at least two years, held the office of a Vice-Chairman.
(2) A person shall not be qualified for appointment as the Vice-Chairman, unless he-
(a) has, for at least two years, held the office of a Judicial Member or a Technical Member, or
(b) has been a member of the Indian Legal Services and has held a post in Grade 1 of that Service or any higher post for at least five years.
(3) A person shall be qualified for appointment as a Judicial Member, unless he -
(a) has been a member of the Indian Legal Service and has held the post in Grade 1 of that Service for at least three years, of
(b) has, for at least ten years, held a civil judicial office.
(4) A person shall not be qualified for appointment as a Technical Member, unless he or
(b) has, for at least ten years, been an advocate of a proven specialized experience in trade mark law.
(5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President of India.
(6) If the Members of a Bench differ in opinion on any right, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.