The Ministry of Commerce and Industry (MoCI) on January 10, 2024, issued the Draft Trade Marks (1st Amendment) Rules, 2024 to further amend the Trade Marks Rules, 2017.
The following amendments have been stated:
• After rule 105 which states Re-classification in respect of existing registration, the following has been inserted, namely, —
“CHAPTER VII A ADJUDICATION OF CERTAIN PENALTIES UNDER JAN VISHWAS ACT
105A. Adjudication of certain penalties. — (1) Any person may file a complaint under TM-D to the Registrar regarding any contravention or default committed by any person of the provisions contained in Section 107 of the Act.
105B. Appointment of Adjudicating Officer.
105C. Summary Proceedings when case is not made out.
105D. Summary Proceedings when case is made out.
105E. Form and Manner of preferring Appeal.
105F. Registration of appeal.
105G. Disposal of appeal by Appellate Authority.
105H. Procedure in appeal.
• In the SECOND SCHEDULE, after Form TM-G, the “FORM TM-D THE TRADE MARKS ACT, 1999 & THE TRADE MARKS RULES, 2017 COMPLAINT FOR CONTRAVENTION OR DEFAULT OF SECTION 105(1) has been inserted.
• In the SECOND SCHEDULE, the Form TM-OPP has been substituted.
• In the SECOND SCHEDULE, after Form TM-OPP, the “FORM TM-DA THE TRADE MARKS ACT, 1999 & THE TRADE MARKS RULES, 2017 APPEAL under Section 112B of the Act has been inserted.
All persons are likely to be affected thereby, notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of 30 days from the date on which copies of the Gazette of India, in which this notification is published, are made available to the public i.e., January 10, 2024.
The Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New Delhi- 110001 or by e-mail at [email protected].
[Notification No. G.S.R. 35(E)]
