Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003

Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003[1]

[5th December, 2003]

Whereas the draft of the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003 were published, as required by Section 157 of the Trade Marks Act, 1999 (47 of 1999) in the Gazette of India, Extraordinary, Part-II, Section 3, sub-section (i), dated the 4th October, 2003, vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion), number GSR 782(E), dated 4th October, 2003, inviting objections and suggestions from all persons likely to be affected thereby before the expiry of fifteen days from the date on which copies of the Gazette containing the notification were made available to the public;

And whereas the copies of the Gazette containing the notification were made available to the public on 7th October, 2003;

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 Section 157 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby makes the following rules, namely:—

Rule - 1. Short title and commencement.

(1)     These rules may be called the Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Rules, 2003.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Applications and appeals.

The manner of making applications and the forms of appeals to the Appellate Board and the manner of verification thereof shall be as provided in the First Schedule to these rules.

Rule - 3. Fees.

The fees for filing applications and appeals before the Appellate Board shall be as specified in the Second Schedule to these rules which shall be paid by way of bank draft payable at Chennai drawn in favour of the Deputy Registrar, Intellectual Property Appellate Board.

THE FIRST SCHEDULE

(See Rule 2)

Manner of Making Applications and Forms of Appeal

[3][Form 1

before the intellectual property appellate board

Application for Removal/Rectification

ORA No.

Data Seal

(In the matter of ……………….)

Dated this …………. Day of ………….

Place ………………….

Signature of the applicant

List of documents:

The proof affidavit along with the documents shall be filed.

[For example,

Annexure-1: Copy of registration certificate obtained

by the respondent in respect of the

impugned mark.

Annexure-2:

Date as to when the applicant started

using the mark and the date of incorporation

of company

Annexure-3 and so on:

Other documents.]

AFFIDAVIT

BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD

Case No.

(In the matter of ……………….)

…….

Cause title:

… Appellant

vs.

… Respondent

……..

Shri ……………………….. son of …………………. aged at ……………… residing at ……………. do solemnly affirm and declare as under—

Xxx

Xxx

Deponent

Verification

I …….………………. (name of deponent/of …………. Nationality, resident of …………………………) do hereby verify that the contents of paras ……… to ………. Are true to my/our personal knowledge and paras ……. to ……… are believed to be true on legal advice and that I have not suppressed any material fact.

Dated this ………… day of ………

Place ………………..

Signature of the Deponent]

[4][Form 2

BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD

APPEAL

O.A. No.

Data Seal

(Appeal arising out of ……………………….)

…..

Cause title:

… Appellant/(rank of party before the Registry, if any)

vs.

… Respondent/(rank of party before the Registry, if any)

……

The appellant above named, prefers the appeal under Section 91, against the order dated …….for the following among other grounds:

(a)

(b)

(c)

(d)

Limitation—

For the above reasons, it is prayed …..

Affidavit, as below, in support thereof:

Dated this …………. Day of ………….

Place …………..

Signature of the Appellant

AFFIDAVIT

BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD

Case No.

(In the matter of ……………….)

…….

Cause title:

… Appellant

vs.

… Respondent

……..

Shri ……………………….. son of ………………………… aged at ……….. residing at …………… do solemnly affirm and declare as under—

Xxx

Xxx

Deponent

Verification

I …………………. (name of deponent/of …………. Nationality, resident of …………………) do hereby verify that the contents of paras ……… to ………. are true to my/our personal knowledge and paras ……. to ……… are believed to be true on legal advice and that I/we have not suppressed any material fact.

Dated this ………… day of ………

Place

Signature of the Deponent]

[5][Form 3

BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD

[Application for condoning the delay in filing Appeal under Section 91(2) of the Trade Marks Act, 1999]

M.P. No.

Data Seal

(In the matter of ……………….)

Affidavit, as below, in support thereof

Dated this …………. Day of ………….

Place …………………….

Signature of the petitioner

AFFIDAVIT

BEFORE THE INTELLECTUAL PROPERTY APPELLATE BOARD

Case No.

(In the matter of ……………….)

…….

Cause title:

… Appellant

vs.

… Respondent

……..

Shri ………………………. son of ………………… aged at ………… residing at ………………… ………….. do solemnly affirm and declare as under—

Xxx

Xxx

Deponent

Verification

I …………………. (name of deponent/of …………. Nationality, resident of …………………) do hereby verify that the contents of paras ……… to ………. are true to my/our personal knowledge and paras ……. to ……… are believed to be true on legal advice and that I/we have not suppressed any material fact.

Dated this ………… day of ………

Place ………………

Signature of the Deponent]

[6][THE SECOND SCHEDULE

Fees