Friday, November 19, 2010

Trade Mark (Amendment) draft Rule, 2010

MINISTRY OF COMMERCE AND INDUSTRY

(Department of Industrial Policy and Promotion)

NOTIFICATION

New Delhi, the 7th September, 2010

G.S.R. 731 (E)- The following draft of certain rules to further 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 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-110107.

DRAFT RULES

1. (1) These rules may be called the Trade Marks (Amendment) Rules, 2010

(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 said rules), in sub-rule (2) of rule 8,-

(a) in clause (b), the letters and figures “TM-54” shall be omitted,

(b) in clause (c) the words, letters and figure “or for expedited search report in form TM-71” shall be omitted.

3. In rule 24 of the said rules, sub-rule (1) and sub-rule (2) shall be omitted.

4. Rule 32 of the said rules shall be omitted.

5. In the First Schedule to the said rules,-

(a) under column (3) relating to Entry Nos. 1,2,3,4,5,6,7, and 10, for the existing entry, the entry “3500.00” shall respectively be submitted.

(b) Entry No. 49 and the entries relating thereto shall be omitted;

(c) in Entry no. 60, item (b) under column (2) and the entries relating thereto shall be omitted;

(d) Entry No. 75 and the entries relating thereto shall be omitted.

6. In the Second Schedule to the said rules, Forms TM-11, TM-54, TM-71 and TM- 75 shall be omitted.

[F. No. 8/61/2009-IPR-IV]

V. BHASKAR, Jt. Secy.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification number G.S.R. 114 (E), dated the 26th day of February, 2002 and subsequently were amended vide notification number G.S.R. 428 (E), dated the 20th May, 2010.