Alteration of address in the register
- A registered proprietor or a registered user of a trademark , the address of whose initial place of business in India or whose address in his own country, as the case may be, is under gone the alteration so that the entry in the register is rendered incorrect, shall request the Registrar in Form TM-34 to create the proper alteration of the address in the register, and the Registrar shall after make the alteration the register accordingly, if he obeyed in the matter.
- A registered proprietor or a registered user of a trademark, whose address for service in India entered in the register is carried on the alteration, whether by the misrepresentation of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall request the Registrar in Form TM-50 to make the further alteration of the address in the register, and the Registrar shall alter the register respectively, if he obeyed in the
- A registered proprietor or a registered user of a trademark the address of whose initial important place of business in India or whose registered own address for service in India is under gone the alteration by a pubic authority, so that the changed address designates the same premises as entered in the register , may make the aforesaid request to the Registrar in Form TM-34 or TM-50 as the case may be, and if he does so he shall leave therewith a certificate of the alteration given by the said authority. If the Registrar is satisfied as to the facts of the case, he shall alter register accordingly but shall not require any fees to be paid of the forms, notwithstanding the provisions of sub-section (2) of the Rule (2) of rule 12.
- Where the registered proprietor makes a request under sub-rule(1),(2),(3), he shall serve a copy of the request on the registered user or users , if any, and inform the Registrar respectively. Where the request aforementioned is created by a registered user, he shall produce a copy thereof on the registered proprietor and every other registered users, if any, and intimate the Registrar that he had done so.
- In case of the alteration of the address of a person mentioned in the register as the address for service in India of more than one registered proprietor or registered user of trademarks , the Registrar may, on evidence that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from the person in Form TM – 50 amended so as to suit the case, for the further alteration of the entries of his address as the address for service in the several trademark registration, particulars of which shall be given in the form and may alter the entries respectively.
- All the applications for alteration f address under this rule in Form TM-50 shall be signed by the registered proprietor or the registered user, as the case may be, or by an agent expressively authorized by him for the purpose of such an application for alteration, unless in exceptional circumstances the Registrar otherwise allows.
Application for Alteration of Register
When an application for alteration of register has been created under sub-section (1) of section 58 for the alteration of the register by taking the following actions such as correction, change, cancellation or alteration, striking out of goods or services or for the entry of a memorandum, the Registrar may want the applicant to appoint such evidence by affidavit or otherwise as he may think fit, as to the circumstances in which the alteration application is created. Such kind of further application shall be made in Form TM-16, TM-33 to TM-36 or TM-50 as may be appropriate and a copy thereof shall be produced by the applicant on the registered user or users, if any, under the trademark registration in question and to any other person who is from the register to have an interest in the Trademark registration.
Alteration of Registered trademark
Where a person who applies under section 59 for absence to add to or change his registered trademark, he shall create the application in writing in Form TM-38 and shall furnish give copies of the mark as it will appear when so added to or changed. A copy of the alteration application and of the trademark so amended or changed shall be served by the applicant on every registered user.
Advertisement before decision and opposition
- The Registrar shall consider the alteration application and shall, if it appears to him expedient, advertise the application in the Journal before deciding it.
- Within three months from the date of advertisement under sub-rule (1), or within such further not exceeding one month in the aggregate as the Registrar may allow, any person may give notice of opposition to the application in Form TM-39 and may also send therewith a statement of his objections. The notice and the statement, if any, shall be send in triplicate. In case there are any registered user under the trademark registration in question, such notice and the statement shall also be accompanied by as many copies thereof as there are registered users. A copy of each of the notice and statement shall be sent forthwith by the Registrar to the registered proprietor and each registered user if any, and within the period of two months from the received receipt by the registered proprietor of such copies he shall sent to the Registrar in Form TM-6 a counter statement in triplicate of the grounds on which the opposition is contested. If the registered proprietor sends such a counter statement, the Registrar shall normally serve a copy thereof on the person providing notice of opposition within one month from the provisions of Rules 50 to 57 shall apply to the further proceedings on the opposition. The Registrar shall not, however, decline the application because the registered proprietor has not filed a counter statement unless he is satisfied that the delay in filing the counter statement is willful and it is not justified by the circumstances of the case. In case of any doubt any party, may apply to the Registrar for directions.
- If there is no opposition , within the time period required which is specified in sub-rule(2), the Registrar shall, after hearing the applicant if he so wants ,allow or decline the alteration application and shall communicate his decision in writing to the applicant.
Decision, Advertisement, Notification
If the Registrar decides to allow the alteration application, he shall alter the trademark in the register accordingly and insert in the Journal the notification that the trademark has been altered. If the application has not been advertised under rule 99, he shall also advertised in the Journal the trademarks as altered.
Re-classification of goods in respect of Existing Trademark Registration
- On the classification set forth in the Fourth Schedule being amended, the registered proprietor of the trademark may apply to the Registrar in Form TM-40 for the alteration/conversion of the specification relating to his trademark, so as to bring that the specification into conformity with the amended classification. The application shall include a request for the like conversion of the specification in respect of any registered users under that trademark registration, and that registered proprietor shall serve a copy of the application on the registered user or users of the trademark, if any.
- The Registrar shall, thereupon, intimate in writing to the registered proprietor and to the registered user or users, if any, a proposal appearing the form which, in the Registrar’s view, the amendment of the register should take in consequence of the proposed conversion. Two or more trademark registrations having the same date in respect of goods which fall within the same class under the amended or substituted classification, may be amalgamated upon conversion in accordance with this rule.The proposal referred in sub-rule(2)shall be advertised in the Journal.
- Notice of opposition to such proposal shall be given in Form TM – 41 in triplicate within three months from the date of the advertisement or within such period not exceeding one month in the aggregate and shall be accompanied by a statement in triplicate showing how proposed amendment would contravene the provisions of sub-section (1) of section 60.Where there are any registered users under the trademark registration in question, such notice and statement shall also be accompanied by as many copies thereof as there are registered users. The Registrar shall within two months transmit a copy each of the notice and the statement to the registered proprietor and to each registered user, if any, and with the period of two months from the receipt by him of such copies the registered proprietor may transmit to the Registrar in Form TM-6 a counter statement in the three copies of existence settling out fully the grounds on which the opposition is contested. If the registered proprietor sends such counter statement the Registrar shall serve a copy thereof on the person giving notice of opposition within two months and the further procedure for the disposal of the opposition shall be regulated by the provisions of rules 50 to 57.
- If there is no opposition within the time specified in sub-rule (4), or in case of opposition if the conversion of the specification is allowed, the proposed as allowed shall be advertised in the Journal, and all the necessary entries shall made in the register. The date when the entries are made in the register shall be recorded therein. Any entry made in the register in pursuance of the Sub-rule shall not affect the date of the renewal of trademark registration under section 25 which shall be determined in the same manner as before allowing of the alteration / conversion.
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