Rule 2

2. Definitions.-

(I) In these rules, unless the context otherwise requires,-

(a) “Act” means the Trade Marks Act, 1999 (47 of 1999);

(b) “agent” means a person authorised to act as such under section 145 of the Act;

(d) “appropriate office of the Trade Marks Registry” means the relevant office of the Trade Marks Registry as specified in rule 4;

(e) “class fee” means the fee prescribed for the filing of an application for registration of a trademark in a particular class;

(f) “convention country” means a country or group of countries or union of countries or Inter-Governmental organisations of countries declared as such under sub-section (I) of section 154;

(g) “convention application” means an application for registration of a trademark made by virtue of section 154;

(h) “divisional application” means-

(i) an application containing a request for the division of goods or services in a class for the registration of a trademark; or

(ii) a divided application made by the division of a single application for the registration of a trademark for separate classes of goods or services;

(i) “divisional fee” means fee prescribed against entry no. 14 in the First Schedule;

(g) “Form” means a form set forth in either the Second or the Third Schedule;

(k) “graphical representation” means the representation of a trademark for goods or services represented or capable of being represented in paper form and includes representation in digitised form;

(I) “Journal” means the trademarks Journal made available at official website of Controller General of Patents, Designs and Trade Marks;

(m) “notified date” means the date on which these rules come into force;

(n) “old law” means the Trade and Merchandise Marks Act, 1958 and rules made there under existing immediately before the commencement of the Act;

(o) “opposition” means opposition to the registration of a trademark or a collective trademark or a certification trademark, as the case may be and includes an opposition to grant of protection to an international registration designating India and opposition to alteration of the registered trademark;

(p) “principal place of business in India” means the relevant place in India as specified in rule 3;

(q) “publish” means published in the trademarks Journal made available on the official website of Controller General of Patents, Designs and Trademarks;

(r) “registered trademark agent” means a trademark agent whose name is actually on the register of trademarks agents maintained under rule 142;

(s) “renewal” means and includes renewal of registration of a trademark, certification trademark or collective trademark, as the case may be;

(t) “schedule” means a Schedule to the rules;

(u) “section” means a section of the Act;

(v) Small Enterprise means:

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of2006); and

(ii) In case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for a medium enterprise under clause (b) of sub-section (I) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.

Explanation: “enterprise” means an industrial undertaking or business concern or any other establishment, by whatever name called, engaged in the manufacture or production of goods in any manner pertaining to any industry specified in the first schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engages in providing or rendering or any services or services in such an industry.

(iii) In the case of a foreign enterprise, an enterprise that fulfils the requirements as mentioned in clauses (i) and (ii) above.

Explanation: In calculating the investment in the plant and machinery, reference rates of foreign currency of Reserve Bank of India shall prevail.

(w) “specification” means the designation of goods or services in respect of which a trademark or a registered user of a trademark is registered or proposed to be registered;

(x) “Startup” means

(i) an entity in India recognised as a startup by the competent authority under Startup India initiative,

(ii) In the case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation I registration as per Startup India Initiative and submitting a declaration to that effect.

Explanation: In calculating the turnover, reference rates of foreign currency of Reserve Bank of India shall prevail.

(y) All other words and expressions used but not defined in these rules but defined in the Act or in the Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) shall have the meanings assigned to them in those Acts.

(2) In these rules, except as otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these rules, a reference to a Schedule is a reference to that Schedule to these rules and a reference to a Form is a reference to that Form contained in the Second Schedule or the Third Schedule, as the case may be, to these rules.