Section 1 . Short title, extent and commencement
Section 2 . Definitions and interpretation
Section 3 . Appointment of Registrar and other officers
Section 4 . Power of Registrar to withdraw or transfer cases, etc
Section 5 . Trade Marks Registry and offices thereof
Section 6 . The Register of Trade Marks
Section 7 . Classification of goods and services
Section 8 . Publication of alphabetical index
Section 9 . Absolute grounds for refusal of registration
Section 10 . Limitation as to colour
Section 11 . Relative grounds for refusal of registration
Section 12 . Registration in the case of honest concurrent use, etc
Section 13 . Prohibition of registration of names of chemical elements or international non-proprietary names
Section 14 . Use of names and representations of living persons or persons recently dead
Section 15 . Registration of parts of trade marks and of trade marks as a series
Section 16 . Registration of trade, marks as associated trade marks
Section 17 . Effect of registration of parts of a mark
Section 18 . Application for registration
Section 19 . Withdrawal of acceptance
Section 20 . Advertisement of application
Section 21 . Opposition to registration
Section 22 . Correction and amendment
Section 23 . Registration
Section 24 . Jointly owned trade marks
Section 25 . Duration, renewal, removal and restoration of registration
Section 26 . Effect of removal from register for failure to pay fee for renewal
Section 27 . No action for infringement of unregistered trade mark
Section 28 . Rights conferred by registration
Section 29 . Infringement of registered trade marks
Section 30 . Limits on effect of registered trade mark
Section 31 . Registration to be prima facie evidence of validity
Section 32 . Protection of registration on ground of distinctiveness in certain cases
Section 33 . Effect of acquiescence
Section 34 . Saving for vested rights
Section 35 . Saving for use of name, address or description of goods or services
Section 36 . Saving for words used as name or description of an article or substance or service
Section 37 . Power of registered proprietor to assign and give receipts
Section 38 . Assignability and transmissibility of registered trade marks
Section 39 . Assignability and transmissibility of unregistered trade marks
Section 40 . Restriction on assignment or transmission where multiple exclusive rights would be created
Section 41 . Restriction on assignment or transmission when exclusive rights would be created in different parts of India
Section 42 . Conditions for assignment otherwise than in connection with the goodwill of a business
Section 43 . Assignability and transmissibility of certification trade marks
Section 44 . Assignability and transmissibility or associated trade marks
Section 45 . Registration of assignments and transmissions
Section 46 . Proposed use of trade mark by company to be formed, etc
Section 47 . Removal from register and imposition of limitations on ground of non-use
Section 48 . Registered users
Section 49 . Registration as registered user
Section 50 . Power of Registrar for variation or cancellation of registration as registered user
Section 51 . Power of Registrar to call for information relating to agreement in respect of registered users
Section 52 . Right of registered user to take proceedings against infringement
Section 53 . No right of permitted user to take proceeding against infringement
Section 54 . Registered user not to have right of assignment or transmission
Section 55 . Use of one of associated or substantially identical trade marks equivalent to use of another
Section 56 . Use of trade mark for export trade and use when form of trade connection changes
Section 57 . Power to cancel or vary registration and to rectify the register
Section 58 . Correction of register
Section 59 . Alteration of registered trade marks
Section 60 . Adaptation of entries in register to amended or substituted classification of goods or services
Section 61 . Special provisions for collective marks
Section 62 . Collective mark not to be misleading as to character or significance
Section 63 . Application to be accompanied by regulations governing use of collective marks
Section 64 . Acceptance of application and regulations by Registrar
Section 65 . Regulations to be open to inspection
Section 66 . Amendment of regulations
Section 67 . Infringement proceedings by registered proprietor of collective mark
Section 68 . Additional grounds for removal of registration of collective mark
Section 69 . Certain provisions of this Act not applicable to certification trade marks
Section 70 . Registration of certification trade marks
Section 71 . Applications for registration of certification trade marks
Section 72 . Consideration of application for registration by the Registrar
Section 73 . Opposition to registration of certification trade marks
Section 74 . Filing of regulations governing the use of a certification trade mark
Section 75 . Infringement of certification trade marks
Section 76 . Acts not constituting infringement of certification trade marks
Section  77 . Cancellation or varying of registration of certification trade marks
Section 78 . Rights conferred by registration of certification trade marks
Section 79 . Textile goods
Section 80 . Restriction on registration of textile goods
Section 81 . Stamping of piece goods, cotton yam and thread
Section 82 . Determination of character of textile goods by sampling
Section 83 . Establishment of Appellate Board
Section 84 . Composition of Appellate Board
Section 85 . Qualifications for appointment as Chairman, Vice-Chairman, or other Members
Section 86 . Term of office of Chairman, Vice-Chairman and other Members
Section 87 . Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
Section 88 . Salaries, allowances. and other terms and conditions of service of Chairman, Vice-Chairman and other Members
Section 89 . Resignation and removal
Section 90 . Staff of Appellate Board
Section 91 . Appeals to Appellate Board
Section 92 . Procedure and powers of Appellate Board
Section 93 . Bar of jurisdiction of courts, etc
Section 94 . Bar to appear before Appellate Board
Section 95 . Conditions as to making of interim orders
Section 96 . Power of Chairman to transfer cases from one Bench to another
Section 97 . Procedure for application for rectification, etc ., before Appellate Board
Section 98 . Appearance of Registrar in legal proceedings
Section 99 . Costs of Registrar in proceedings before Appellate Board
Section 100 . Transfer of pending proceedings to Appellate Board
Section 101 . Meaning of applying trade marks and trade descriptions
Section 102 . Falsifying and falsely applying trade marks
Section 103 . Penalty for applying false trade marks, trade descriptions, etc
Section 104 . Penalty for selling goods or providing services to which false trade mark or false trade description is applied
Section 105 . Enhanced penalty on second or subsequent conviction
Section 106 . Penalty for removing piece goods, etc ., contrary to section 81
Section 107 . Penalty for falsely representing a trade mark as registered
Section 108 . Penalty for improperly describing a place of business as connected with the Trade Marks Office
Section 109 . Penalty for falsification of entries in the register
Section 110 . No offence in certain cases
Section 111 . Forfeiture of goods
Section 112 . Exemption of certain persons employed in ordinary course of business
Section 113 . Procedure where invalidity of registration is pleaded by the accused
Section 114 . Offences by companies
Section 115 . Cognizance of certain offences and the powers of police officer for search and seizure
Section 116 . Evidence of origin of goods imported by sea
Section 117 . Costs of defence or prosecution
Section 118 . Limitation of prosecution
Section 119 . Information as to commission of offence
Section 120 . Punishment of abetment in India of acts done out of India
Section 121 . Instructions of Central Government as to permissible variation to be observed by criminal courts
Section 122 . Protection of action taken in good faith
Section 123 . Certain persons to be public servants
Section 124 . Stay of proceedings where the validity of registration of the trade mark is questioned, etc
Section 125 . Application for rectification of register to be made to Appellate Board in certain cases
Section 126 . Implied warranty on sale of marked goods
Section 127 . Powers of Registrar
Section  128 . Exercise of discretionary power by Registrar
Section 129 . Evidence before Registrar?
Section 130 . Death of party to a proceeding
Section 131 . Extension of time
Section 132 . Abandonment
Section 133 . Preliminary advice by the Registrar as to distinctiveness
Section 134 . Suit for infringement, etc ., to be instituted before District Court
Section 135 . Relief in suits for infringement or for passing off
Section 136 . Registered user to be impleaded in certain proceedings
Section 137 . Evidence of entries in register, etc ., and things done by the Registrar
Section 138 . Registrar and other officers not compellable to produce register, etc
Section 139 . Power to require goods to show indication of origin
Section 140 . Power to require information of imported goods bearing false trade marks
Section 141 . Certificate of validity
Section 142 . Groundless threats of legal proceedings
Section 143 . Address for service
Section 144 . Trade usages, etc ., to be taken into consideration
Section 145 . Agents
Section 146 . Marks registered by an agent or representative without authority
Section 147 . Indexes
Section 148 . Documents open to public inspection
Section 149 . Reports of Registrar to be placed before Parliament
Section 150 . Fees and surcharge
Section 151 . Savings in respect of certain matters in Chapter XII
Section 152.  Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.–
Section 153 . Government to be bound
Section 154 . Special provisions relating to applications for registration from citizens of convention countries
Section 155 . Provision as to reciprocity
Section  156 . Power of Central Government to remove difficulties
Section 157 . Power to make rules
Section 158 . Amendments
Section 159 . Repeal and saving

Trademark Rules 2017

Rule 1. Short title and commencement
Rule 2. Definitions
Rule 3. Principal place of business in India
Rule  4. Appropriate office of the Trade Marks Registry
Rule 5. Jurisdiction of appropriate office not altered by change in the principal place of business or address for service
Rule 6. Entry of the appropriate office in the Register
Rule 7. Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry
Rule 8. Leaving of documents, etc
Rule 9. Issue of notices etc
Rule 10. Fees
Rule 11. Forms
Rule 12. Size, etc of documents
Rule 13. Signing of documents
Rule 14. Service of documents
Rule 15. Particulars of address etc
Rule 16. Statement of principal place of business in India in the application
Rule 17. Address for service
Rule 18. Service of Documents by the Registrar
Rule 19. Agency
Rule 20. Classification of goods and service
Rule 21. Preliminary advice by Registrar as to distinctiveness
Rule 22. Request to Registrar for Search
Rule 23. Form and signing of application
Rule 24. Application under convention arrangement
Rule 25. Statement of user in applications
Rule 26. Representation of trademark
Rule 27. Series Trademarks
Rule 28. Transliteration and translation
Rule 29. Names and representations of living persons or persons recently dead
Rule 30. Name or description of goods or services on a trademark
Rule 31. Deficiencies
Rule 32. Acknowledgement of the Application
Rule 33. Examination, Objection to acceptance, hearing
Rule 34. Expedited Processing of Application
Rule 35. Notice of withdrawal of application for registration
Rule 36. Decision of Registrar
Rule 37. Correction and amendment of application
Rule 38. Withdrawal of acceptance by the Registrar
Rule 39. Manner of Advertisement
Rule 40. Notification of correction or amendment of application
Rule 41. Request to Registrar for particulars of advertisement of a trademark
Rule 42. Notice of Opposition
Rule 43. Requirements of Notice of Opposition
Rule 44. Counterstatement
Rule 45. Evidence in support of opposition
Rule 46. Evidence in support of application
Rule 47. Evidence in reply by opponent
Rule 48. Further evidence
Rule 49. Translation of documents
Rule 50. Hearing and decision
Rule 51. Security for costs
Rule 52 Procedure for giving notice.
Rule 53. Entry in the Register
Rule 54. Associated trademarks
Rule 55. Death of applicant before registration
Rule 56. Certificate of registration
Rule 57. Renewal of registration
Rule 58. Notice before removal of trademark from register
Rule 59. Advertisement of removal of trademark from the register
Rule 60. Restoration and renewal of registration
Rule 61. Notice and advertisement of renewal and restoration
Rule 62. Definitions
Rule 63. Language
Rule 64. Issue of notices or communications etc
Rule 65. International application in respect of which India is the country of origin
Rule 66. Verification and Certification of international application in respect of which India is the country of origin
Rule 67. Handling fee
Rule 68. Manner of keeping the record of international registrations where India has been designated
Rule 69. Examination of application under section 36E
Rule 70. Invalidation of protection
Rule 71. Effect of cancellation of international registration
Rule 72. Collective and Certification Trademarks
Rule 73. Replacement of national registration
Rule 74 Subject to provisions of the Act, the provisions of the Madrid Protocol, Common Regulations and Administrative Instructions shall apply in relation to international applications originating from India and international registrations where India has been designated
Rule 75. Application for entry of assignment or transmission
Rule 76. Case accompanying application
Rule 77. Proof of title
Rule 78. Impounding of Instruments
Rule 79. Assignments involving transmission of moneys outside India
Rule 80. Application for Registrar’s direction as to advertisement of an assignment of a trademark without goodwill of the business
Rule 81. Application for entry of assignment without goodwill
Rule 82. Separate registration
Rule 83. Registrar’s certificate or approval as to certain assignment and transmissions
Rule 84. Entry in register, of particulars of assignment
Rule 85. Registration of assignment to a company under section 46
Rule 86. Application for registration as registered user
Rule 87. Consideration by the Registrar
Rule 88. Hearing before refusing an application or to accept it conditionally
Rule 89. Entry in the register
Rule 90. Registration not to imply authorisation to transmit money outside India
Rule 91. Communication of registration as registered user
Rule 92. Registered proprietor’s application to vary entry
Rule 93. Cancellation of registration of registered user
Rule 94. Power of the Registrar to call for information with respect to registered user
Rule 95. Procedure on application to vary entry or cancel registration
Rule 96. Registered user’s application
Rule 97. Application to rectify or remove a trademark from the register
Rule 98. Further procedure
Rule 99. Intervention by third parties
Rule 100. Rectification of the register by the Registrar of his own motion
Rule 101. Alteration of address in register
Rule 102. Alteration of registered trademark
Rule 103. Advertisement before decision and opposition etc
Rule 104. Decision, Advertisement, Notification
Rule 105. Re-classification in respect of existing registration
Rule 106. Refusal or invalidation of registration of a trademark conflicting with a geographical indication
Rule 107. Single application under sub-section (2) of section 18
Rule 108. Divisional Application
Rule 109. Extension of time
Rule 110. Exercise of discretionary power of Registrar
Rule 111. Communication of decision
Rule 112. Amendments and correction of irregularity in procedure
Rule 113. Directions not otherwise prescribed
Rule 114. Opinion of the Registrar under section 115(4)
Rule 115. Hearings
Rule 116. Costs in uncontested cases
Rule 117. Exception to rule 116
Rule 118. Scale of costs
Rule 119. Application for review of Registrar’s decision
Rule 120. Form, etc; of Affidavits
Rule 121. Inspection of documents
Rule 122. Certified copies of documents
Rule 123. Power of Registrar to notify International Non-proprietary names
Rule 124. Determination of Well Known Trademark by Registrar
Rule 125. Time for appeal
Rule 126. Service to the Registrar
Rule 127. Certificate of validity to be noted
Rule 128. Return of exhibits
Rule 129. Destruction of records
Rule 130. Rules to apply to collective trademarks
Rule 131. Application for registration and proceedings relating thereto
Rule 132. Case accompanying application
Rule 133. Examination, Hearing, Opposition, Registration, and Renewal
Rule 134. Amendment of regulations relating to collective trademarks and renewal
Rule 135. Removal of collective trademark
Rule 136. Amendment of regulations relating to collective trademarks and renewal
Rule 137. Application for registration and proceedings relating thereto
Rule 138. Statement of case accompanying application
Rule 139. Examination, Hearing, Opposition, Registration, and Renewal
Rule 140. Cancellation or variation of registration of certification trademark
Rule 141. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks
Rule 142. Register of Trademarks Agents
Rule 143. Registration of existing registered trademarks agents, code of conduct, etc
Rule 144. Qualifications for registration
Rule 145. Persons debarred from registration
Rule 146. Manner of making application
Rule 147. Application for registration as a trademarks agent
Rule 148. Procedure on application and qualifying requirements
Rule 149. Certificate of registration
Rule 150. Continuance of the name in the register of Trade Marks Agents
Rule 151. Removal of agent’s name from the register of Trade Marks agents
Rule 152. Power of Registrar to refuse to deal with certain agents
Rule 153. Restoration of removed names
Rule 154. Alteration in the register of Trademarks Agents
Rule 155. Publication of the register of trademarks agents
Rule 156. Appeal
Rule 157. Language of the Trade Marks Registry
Rule 158. Repeal