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Posted on Jul 12, 2010 in Trademarks, Trademarks India | 1 comment

Trade Marks (Amendment) Rules, 2010

In furtherance to Mr. Vishal’s Post   Amendments in Trademark Rules, 2002 which was published in June 28th, 2009 have come into force by notification published in the official Gazette dated 20th May, 2010 issued by the Central Government under sub-section (1) and (2) of Section 157 of the Trade Marks Act, 1999,
The government hereby has laid down the following rules to amend the Trade Marks Rules, 2002, namely:-
1.  These rules may be called “the Trade Marks (Amendment) Rules, 2010”.
2. In the Trade Marks Rules, 2002 (hereinafter referred to as the said rules), in rule 62 in sub-rules (3), the following proviso shall be inserted, namely:-
“Provided that if the Registrar is satisfied with the claim of the registered proprietor supported by evidence that the certificate of registration issued under sub-rule (1) has not been received by the registered proprietor, he may issue duplicate or copy of the certificate of registration without any further payment of fee:
Provided further that, no such duplicate or copy of certification of registration shall be issued where such request is received after the expiry of the time limit for renewal of registration and restoration of the registered trade mark”.

3. In the Fourth Schedule to the said rules, for serial number 42 and the entries relating thereto, the following serial numbers and entries shall be substituted, namely:-
· Class 42- Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
· Class 43- Services for providing food and drink; temporary accommodation.
· Class 44- Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, Horticulture and forestry services.
· Class 45- Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.

This  is a major step forward for India in the Trademark domain as  this decision has sent a  strong message to the international community that India  not only has the objective but is also competent to sign the Madrid System.
Authored by Kumar Anjani

1 Comment

  1. Any idea what will happen to TM application for services falling under erstwhile Class 42 part “not falling under any other class”. This has put such applicant’s on great disadvantage.

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