Amendments in Trade Mark Rules, 2002

[Ref: Ministry of Commerce and Industry, DIPP Notification dated 29th December 2010]

Whereas certain draft rules further to amend the Trade Marks Rules, 2002 were published, as required under sub-section (1) of Section 157 of the Trade Marks Act, 1999 (47 of 1999), vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 731(E),dated the 7th September, 2010 in the Gazette of India, Extraordinary, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing notification were made available to the public;

And whereas the said notification were made available to the public on the 13th September, 2010;

And whereas the objections and suggestions received from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (2) of Section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules further to amend the Trade Marks Rules, 2002, namely:

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

(2) They shall come into force on the date of their 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 figure “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 numbers 1, 2, 3, 4, 5, 6, 7 and 10, for the existing entry, the entry “3500.00” shall respectively be substituted;

(b) entry number 49 and the entries relating thereto shall be omitted;

(d) entry number 75 and the entries relating thereto shall be omitted.

6. In the Second Schedule to the said rules, Forms TM-11, TM-54, TM71 and TM-75 shall be omitted,

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