Trade Marks Act, 1999
157. Power to make rules.-
(1) The Central Government may, by
notification in the Official Gazette and subject, to the conditions of previous
publication, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following matters, namely:-
(i) the matters to be
included in the Registrar of Trade Marks under sub-section (1) of section 6,
and the safeguards to be observed in the maintenance of records on computer
floppies or diskette or in any other electronic form under sub-section (2) of
that section.
(ii) the manner of
publication of alphabetical index of classification of goods and services under
sub-section (1) of section 8.
(iii) the manner in
which the Registrar may notify a word as an international non-proprietary name
under section 13.
(iv) the manner of
making an application for registration of a trade mark under sub-section (5) of
section 16.
(v) the manner of
making an application for registration of a trade mark under sub-section (1) of
section 18.
(vi) the manner of
advertising of an application for registration under sub-section (1) , and the
manner of notifying corrections or amendments under sub-section (2) of section
20.
(vii) the manner of
making an application and the fee payable for such application giving notice
under sub-section (1) and sending counter statements under sub-section (1) and
sending counter statements under sub-section (2) and submission of evidence and
the time therefor sub-section (4) of section 21.
(viii) the form of
certificate of registration under sub-section (2), and the manner of giving
notice to the applicant under sub-section (3) of section 23.
(ix) the forms of
application for renewal and restoration the time within which such application
is to be made and fee and surcharge if any payable with each application, under
section 25 and the time within which the Registrar shall send a notice and the
manner of such notice under sub-section (3) of that section.
(x) the manner of
submitting statement of case under sub-section (2) of section 40.
(xi) the manner of
making an application by the proprietor of a trade mark under section 41.
(xii) the manner of
making an application for assignment or transmission of a certification trade
mark under section 43.
(xiii) the manner of
making an application to the Registrar to register title under sub-section (1)
of section 45.
(xiv) the manner in
which and the period within which an application is to be made under
sub-section (4) of section 46.
(xv) the manner of
making an application under sub-section 92) of section 47.
(xvi) the manner of
making an application, documents and other evidence to accompany such application
under sub-section (1) and the manner in which notice is to be issued under
sub-section (3) of section 49.
(xvii) the manner of
making an application under sub-section (1), the manner of issuing a notice
under sub-section (2) and the procedure for canceling a registration under
sub-section (3) of section 50.
(xviii) the manner of
making applications under sub-sections (1) and (2), the manner of giving notice
under sub-section (4) and the manner of service of notice of rectification
under sub-section 95) of section 57.
(xix) the manner of
making an application under section 58.
(xx) the manner of
making an application under sub-section (1), the manner of advertising an
application, time and manner of notice by which application may be opposed
under sub-sections (2) and (3) of section 59.
(xxi) the manner of
advertisement under sub-section (2) of section 60.
(xxii) the other
matters to be specified in the regulations under sub-section (2) of section 63.
(xxiii) the manner of
making an application under sub-section (1) of section 71.
(xxiv) the manner of
advertising an application under section 73.
(xxv) the manner of
making an application under section 77.
(xxvi) the classes of
goods under section 79.
(xxvii) determination
of character of textile goods by sampling under section 82.