TMI BlogTrade Marks (Amendment) Rules, 2013.X X X X Extracts X X X X X X X X Extracts X X X X ..... wers 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 Official Gazette, appoint. 2. In the Trade Marks Rules, 2002 (hereinafter referred to as the said rules), for rule22, the following rule shall be substituted, namely:- 22. Classification of goods or services-- (1) For the purposes of registration of trademarks, the goods and services shall be classified as per current edition of the International Classification of goods and services (NICE Classification)' published by World Intellectual Property Organization (WIPO) (2) The Registrar shall publish a class wise and alphabetical index of such goods and services, including goods and services of Indian origin. 3. For rule 23 of the said rules, the following rule shall be substituted namely: 23. Preliminary advice by Registrar as to distinctiveness - An application for preliminary advice by the Registrar under sub-section (1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 67C. Issue of notices or communications etc. and response thereto-- Any notice or communication relating to both an international application under section 36D and international registration where India has been designated, under section 36E, shall be issued by the Registrar only in electronic form, and any response thereto shall also be received likewise. 67D. International application in respect of which India is the country of origin -- International application originating from India, 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 ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dinarily within a period of six months from the date of receipt of advice. (4) Where an opposition is filed under section 21 of the Act, the Registrar shall, notify that fact to the International Bureau as a provisional refusal based on the opposition in accordance with the Protocol and Common Regulation. (5) The international registration, on receipt of an opposition thereto, shall be processed ill accordance with the provisions contained in rules 47 to 57 of the Trade Marks Rules 2002. (6) Where the procedure mentioned under sub-rules (1) to (5) have been completed with and the Registrar has decided to confirm such refusal of protection of the mark for all the goods or services for which the protection has been requested, the Registrar shall send to the International Bureau a statement to that effect. (7) Where, the provisional refusal has been either totally or partially withdrawn, the Registrar shall send to the International Bureau (a) a statement to the effect that the provisional refusal is withdrawn and the protection of the mark is granted for all the goods or services for which the protection has been requested; or (b) a statement indicating conditions or limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... son applying for registration of his title, under rule 68, shall, along with his request on form TM-23 or TM-24, 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 document, instrument or deed to the applicant applying under rule 68, along with the intimation of recordal and retain duly certified copy of the instrument or deed for records: Provided that the Registrar shall not return any affidavit filed in support of the request filed tinder rule 68. 9. In rule 71 of the said rule ..... X X X X Extracts X X X X X X X X Extracts X X X X
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