MINISTRY OF COMMERCE AND INDUSTRY
(Department of Industrial Policy and Promotion)
NOTIFICATION
New Delhi, the 20th May, 2010.
G.S.R. 428(E).-Whereas certain draft rules 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. 373(E), dated the 1st June, 2009 in the Gazette of India (Extraordinary) published in Part II, Section 3, sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby before the expiry of forty-five days from the date on which copies of the Gazette containing notification were made available to the public;
And whereas the such notification were made available to the public on the 3rd June, 2009;
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 to amend the Trade Marks Rules, 2002, namely -
1. (1) These rules may be called the Trade Marks (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 rule 62 in sub-rule (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 -
42. Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
43. Services for providing food and drink; temporary accommodation.
44. Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture. horticulture and forestry services.
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.
[F. No. 8/44/2007-IPR-IV]
V. BHASKAR, Jt. Secy.
Note: The principal rules were published in the Gazette of India, Extraordinary, vide notification number G. S.R. 114(E), dated, the 26th February, 2002.