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REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-03072024-255113
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 339]
NEW DELHI, TUESDAY, JULY 2, 2024/ASHADHA 11, 1946
MINISTRY OF COMMERCE AND INDUSTRY
(Department For Promotion Of Industry And Internal Trade)
NOTIFICATION
New Delhi, the 1st July, 2024
G. S. R. 362 (E). -The following draft rules to further amend the Trade Marks Rules, 2017 which the Centra;
Government proposes to make in exercise of the powers conferred by section 157 of the Trade Marks Act, 1999 are
hereby published as required by sub-section (1) of the said section for the information of all persons likely to be
affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of
a period of thirty days from the date on which copies of the Gazette of India, in which this notification is published,
are made available to the public;
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];
The objection and suggestion, which may be received from any person with respect to the said draft rules
before the expiry of the period so specified, will be considered by the Central Government.
DRAFT HOLDING INQUIRY AND APPEAL RULES
1. Short Title and Commencement. -
(1) These rules may be called the Draft Trade Marks (Holding Inquiry and Appeal) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions. - (1) In the said rules, unless the context otherwise requires, -
(a) "act" means the Trade Marks Act, 1999 (47 of 1999);
(b) "adjudicating officer" means an officer authorised under section 112A of the Act;
(c) "appellant" means a person aggrieved with an order of adjudicating officer and prefers an appeal
before the appellate authority under sub-section (1) of section 112B of the Act;
(d) "appellate authority” means an officer authorised under sub-section (1) of section 112B of
the Act.
(e) "form" means a form appended to the said rules.
(2) words and expressions used in these rules and not defined but defined in the Act, shall have the same
meaning respectively assigned to them in the act.
3. Complaint. - Any person may file a complaint in Form-I through electronic means to the adjudicating
officer regarding any contravention committed under section 107 of the Act.
4. Holding of inquiry.-
(1) For the purposes of adjudication under section 112A of the Act whether any person has committed any
contravention as specified in that section, the adjudicating officer shall, issue a notice through electronic
means to such person requiring him to show cause within such period as may be specified in the notice
(being not less than seven days from the date of service thereof) why an inquiry should not be held against
him.
(2) Every notice under sub-rule (1) shall indicate the nature of contravention alleged to have been committed.
(3) After considering the cause, if any, shown by such person, the adjudicating officer is of the opinion that
an inquiry should be held, he shall issue a notice requiring the appearance of that person personally or
through a legal practitioner duly authorised by him on such date as may be fixed in the notice.
(4) On the date fixed, the adjudicating officer shall explain to the person proceeded against or his legal
practitioner, the contravention, committed by such person and the provisions of the Act, in respect of
which contravention is alleged to have been committed.
(5) The adjudicating officer shall, then, given an opportunity to such person to file his counter statement and
produce such documents or evidence on Form-II as he may consider relevant to the inquiry and if
necessary, the hearing may be adjourned to a future date and in taking such evidence the adjudicating
officer shall not be bound to observe the provisions of the Bhartiya Sakshya Adhiniyam, 2023 (47 of
2023).
(6) While holding an inquiry under this rule, the adjudicating officer may require and enforce the attendance
of any person acquainted with the facts and circumstances of the case to give evidence or to produce any
document which in the opinion of the adjudicating officer may be useful for or relevant to the subject
matter of the inquiry.
(7) If any person fails, neglects or refuses to appear as required under sub-rule (3) before the adjudicating
officer, the adjudicating officer may proceed with the inquiry in the absence of such person after
recording the reasons for doing so.
(8) If, upon consideration of the evidence produced before the adjudicating officer, the adjudicating officer is
satisfied that the person has committed the contravention, he may, by order in writing, impose such
penalty under the Act as he thinks fit.
(9) Every order made under sub-rule (8) shall specify the provisions of the Act in respect of which
contravention has been committed and shall contain the reasons for imposing the penalty.
(10) Every order made under sub-rule (8) shall be dated and signed by the adjudicating officer.
(11) A copy of the order made under this rule and all other copies of proceedings shall be supplied free of cost
to the person against whom the order is made.
(12) The adjudicating officer shall complete the proceeding within three months from the issuance of the
notice to the opposite party.
5. Appeal.- (1) Any person aggrieved by an order of the adjudicating officer under this rule, may prefer an appeal in
Form III through electronic means to the appellate authority, within sixty days from the date of the order:
Provided that the appellate authority may entertain appeal after the expiry of the said period, if he is satisfied that he
has sufficient cause for not filling the appeal within such period.
(2) On receipt of the appeal, the appellate authority shall issue a notice requiring the respondent, to file his reply
within such period as may be specified in the notice.
(3) The appellate authority, shall, after giving the parties a reasonable opportunity of being heard, pass a
reasoned order, including an order for adjournment, and complete the proceedings ordinarily within sixty days from
the date of the receipt of the appeal.
6. Serving upon parties.- (1) All communications under these rules shall be transmitted through electronic means
only.
(2) In proving such transmission, it shall be sufficient to show that the communication was properly addressed
and transmitted through electronic means.
7. Extension of time.- The adjudicating officer or the appellate authority may, for reasons to be recorded in writing,
where there is a reasonable cause for the delay or failure to act, extend any period specified in these rules till such
period, as he may thinks fit.
8. Order and penalties.- (1) Every order under these rules, shall be dated, digitally signed and communicated to all
the parties, and also uploaded on the official website of Intellectual property India.
(2) All sums realised by way of penalties under these rules shall be credited to the Consolidated Fund of India".
THE FIRST SCHEDULE
FORMS
"FORM-I
THE TRADE MARKS ACT, 1999
Complaint for contravention or default
[See rule 3]
To,
The Registrar of Trade Marks,
The Trade Marks Office,
At......................
+-------------------------------+-----------------------------------+
| 1. Particular of Complainant: - | Particular of Defendant: - |
+-------------------------------+-----------------------------------+
| a. Name: | a. Name: |
| b. Address for service: | b. Address for service: |
| c. Contact No: | c. Contact No: |
| d. Email (for service): | d. Email (for service): |
+-------------------------------+-----------------------------------+
| 2. Particulars of Complaint: |
+-------------------------------------------------------------------+
| a. Date, time and instance of commission of the |
| alleged contravention or default: |
| b. Statement of contravention or default setting out |
| all relevant material particulars: |
| c. Evidence in support of the statement: |
| d. Tentative amount of damage (in pecuniary terms) |
| with cost break-up. |
+-------------------------------------------------------------------+
I/We..........., The Complainant herein declare that the facts stated herein are correct to the best of my/our knowledge,
information and belief.
3. Signature of the Complainant:
4. Name of the natural person who has signed:
Note. – Strike out whichever is not applicable.
FORM-II
THE TRADE MARKS ACT, 1999
Furnishing of document or evidence on behalf of the respondent in respect of the complaint of contravention or
default.
[See rule 4(5)]
To,
The Registrar of Trade Marks,
The Trade Marks Office,
At......................
1. a. Name:
b. Address:
c. Nationality:
I/We, ..........................................................................................
...................................................................................................
...................................................................................................
hereby give a counter statement: - to the complaint made in Form-I
The grounds in which the counter statement is made are as
follows: -
.........................................................................................................................
.........................................................................................................................
My/Our address for service in India Is:
.........................................................................................................................
.........................................................................................................................
.........................................................................................................................
+-------------------------------------------------------------------+
| 2. Complete address including postal index |
| number/code and state along with |
| telephone and fax number(s). |
+-------------------------------------------------------------------+
| |
+-------------------------------------------------------------------+
| 3. Signature: | To be signed by the opposite party |
+-------------------------------------------------------------------+
| 4. Name of the natural person who has | |
| signed: | |
+-------------------------------------------------------------------+
Note. - Strike out whichever is not applicable.
FORM-III
THE TRADE MARKS AСТ, 1999
Appeal
[See rule 5]
To,
The Registrar of Trade Marks,
The Trade Marks Office,
At......................
+-------------------------------+-----------------------------------+
| 1. Particular of Appellant: - | Particular of Respondent: - |
+-------------------------------+-----------------------------------+
| a. Name: | a. Name: |
| b. Address for service: | b. Address for service: |
| c. Contact No: | c. Contact No: |
| d. Email (for service): | d. Email (for service): |
+-------------------------------+-----------------------------------+
| 2. Statement of Appeal: |
+-------------------------------------------------------------------+
| (A statement of case may be separately attached.) |
+-------------------------------------------------------------------+
I/We......... The Appellant herein declare that the facts stated herein are correct to the best or my/our knowledge,
information and belief.
3. Signature of the Appellant:
4. Name of the natural person who has signed:
Note. - Strike out whichever is not applicable.
[F. No. P-24027/11/2023-O/o Dir(K)-DPIIT]
HIMANI PANDE, Addl. Secy.
Note:: The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3, Sub-section(i),
vide notification number G.S.R. 119 (E), dated 6th day of March 2017.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
GORAKHA
NATH
YADAVA
Digitally signed by
GORAKHA NATHY
YADAVA
Date: 2004.07.03
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