Business Law(Trademark Act)
PREFACE
The draft Trade Marks Work Manual herein set out describes the various procedures and practice in the administration of the Trade Marks Act, 1999 which will serve as a useful guide to the officers of the Trade Marks
Registry (particularly new incumbents) and also users of the system and in ensuring uniformity of practice. Indeed section 98 of the Trade Marks Act gives statutory recognition to “practice of the Trade Marks Registry” as an important aspect in determination of legal proceedings on appeal before the Appellate Board. For greater transparency
the draft manual attempts
to explain the practices of Trade Marks Registry
in all the areas of
administration of the system.
The draft Manual is in the nature of a guide for the users and obviously if any of the statements in this document are at variance,
or in any way
inconsistent, with the provisions of the Act or Rules, the latter will prevail.
Wherever appropriate, reference to case laws, representing
decisions of
Court in India and other countries have been indicated to facilitate better understanding of the law. This draft manual is evolutionary and will be updated from time to time in the light of important judgments and decisions of courts
involving interpretation of the provisions of the Act
and Rules.
Informed comments are invited from interested members of the public, stakeholders, attorneys, trade marks agents etc.to suggest improvements in the draft within 30 days
V.Ravi
Registrar of Trade Marks
CONTENTS
Chapter 1
-
Introduction
-
Historical
-
Revision of Trade Marks Act, 1958
-
Harmonization with International norms and standards -
General Objectives of Manual
Chapter II
-
Examination of Trade Marks
Chapter III
-
Opposition
Chapter IV
-
Post Registration Procedure
DRAFT TRADE MARKS WORK MANUAL
UNDER
THE TRADE MARKS ACT, 1999 AND TRADE MARKS RULES,
2002
CHAPTER I
1.
The draft Trade Marks Work Manual herein set out describes the various procedures and practice in the administration of the Trade Marks Act, 1999 which will serve as a useful guide to the officers of the Trade Marks
Registry (particularly new incumbents) and also users of the system and in ensuring uniformity of practice. Indeed section 98 of the Trade Marks Act gives statutory recognition to “practice of the Trade Marks Registry” as an important aspect in determination of legal proceedings on appeal before the Appellate Board. For greater transparency
the draft manual attempts
to explain the practices of Trade Marks Registry
in all the areas of
administration of the system.
The draft Manual is in the nature of a guide for the users and obviously if any of the statements in this document are at variance,
or in any way
inconsistent, with the provisions of the Act or Rules, the latter will prevail.
Wherever appropriate, reference to case laws, representing
decisions of
Court in India and other countries have been indicated to facilitate better understanding of the law. This draft manual is evolutionary and will be updated from time to time in the light of important judgments and decisions of courts
involving interpretation of the provisions of the Act
and Rules.
Informed comments are invited from interested members of the public, stakeholders, attorneys, trade marks agents etc.to suggest improvements in the draft within 30 days
V.Ravi
Registrar of Trade Marks
CONTENTS
Chapter 1
-
Introduction
-
Historical
-
Revision of Trade Marks Act, 1958
-
Harmonization with International norms and standards -
General Objectives of Manual
Chapter II
-
Examination of Trade Marks
Chapter III
-
Opposition
Chapter IV
-
Post Registration Procedure
DRAFT TRADE MARKS WORK MANUAL
UNDER
THE TRADE MARKS ACT, 1999 AND TRADE MARKS RULES,
2002
CHAPTER I
1.