Trademark Rules Comparison - I

Trademark Rules Comparison - I

Comparative Analysis of Definitions under Trademark Rules, 2002 and Trademark Rules, 2015

The comparison provided is changes between the Trademark Rules, 2002 and draft Trademark Rules, 2015, which is yet to notified.

			TM Rules, 2002				TM Rules, 2015
Rule	Sub-Rule	Cl.	Content	Rule	Sub-Rule	Cl.	Content	Changes
1			Short title and commencement.	1			Short title and commencement.
	1		These rules may be called the Trade Marks Rules, 2001.		1		These rules may be called the Trade Marks Rules, 2015.	No Change
	2		They shall come into force on the date on which the Act comes into force.		2		They shall come into force on the date of their final publication in the Official Gazette.	No Change
2			Definitions	2			Definitions
	1	a	"Act" means the Trade Marks Act, 1999 (47 of 1999);		1	a	Act means the Trade Marks Act, 1999 (47 of 1999);	No Change
		b	agent means a person authorised to act under section 145 of the Act;			b	agent means a person authorised to act under section 145 of the Act;	No Change
		c	"application for registration of a trade mark" includes the trade mark for goods or services contained in it;			c	"application for registration of a trade mark" includes the trade mark for goods or services contained in it;	No Change
		d	"appropriate office of the Trade Marks Registry" means the relevant office of the Trade Marks Registry as specified in rule 4;			d	"appropriate office of the Trade Marks Registry" means the relevant office of the Trade Marks Registry as specified in rule 4;	No Change
		Nil	Nil			e	"Authenticated" means authentication of any electronic record by means of "digital signature" as defined in the information Technology Act, 2000;	Inserted
		e	"class fee" means the fee prescribed for the filing of an application for registration of a trademark in a particular class;			f	"class fee" means the fee prescribed for the filing of an application for registration of a trademark in a particular class;	No Change
		f	"convention country" means a country notified as such under sub-section (1) of section 154;			g	"convention country" means a country or group of countries or union of countries or Inter-Governmental organizations of countries declared as such under sub-section (1) of Section 154;	Now inter-governmental organization are also considered as conventional country
		g	"convention application" means an application for registration of a trade mark made by virtue of section 154;			h	"convention application" means an application for registration of a trade mark made by virtue of Section 154;	No Change
		h	"divisional application" means- (i) an application containing a request for the division of goods or services in a class for the registration of a trade mark; or (ii). a divided application made by the division of a single initial application for the registration of a trade mark for separate classes of goods or services;			i	"divisional application" means an application containing a request for the division of an application made under sub-section 2 of section 18 for the registration of a Trademark;	No Change
		i	"divisional fee" means fee prescribed in the First Schedule;			j	"divisional fee" means fee prescribed against entry number 62 in the First Schedule;	Specific Entry 62 prescribed
		j	"Form" means a form set forth in either the Second or the Third Schedule;			k	Form means a form set forth in either the Second or the Third Schedule;	No Change
		k	"graphical representation" means the representation of a trade mark for goods or services in paper form;			l	"graphical representation" means the representation of a trade mark for goods or services represented or capable of being represented in paper form and includes representation in digitized form;	Now graphical representation will include the digital format also rather than just only on paper
		l	"Journal" means the Trade Marks Journal referred to in rule 43;			m	"Journal" means the Trade Marks Journal made available at official website of Controller General of Patents, Designs and Trade Marks;	Journal means the TM Journal made available online by the TM Deptt.;
		m	"notified date" means the date on which these- rules come into force;			n	"notified date" means the date on which these rules come into force;	No Change
		n	"old law" means the Trade and Merchandise Marks Act, 1958 and rules made thereunder existing immediately before the commencement of the Act;			o	"old law" means the Trade and merchandise Marks Act, 1958 and rules made thereunder existing immediately before the commencement of the Act;	No Change
		o	"opposition" means an opposition to the registration of a trade mark or a collective mark or a certification trade mark, as the case may be;			p	opposition" includes an opposition to the registration of a trade mark or a collective mark or a certification trade mark, as the case may be;	No Change
		p	"principal place of business in India" means the relevant place in India as specified in rule 3;			q	"principal place of business in India" means the relevant place in India as specified in rule 3;	No Change
		q	"publish" means publish in the Trade Marks Journal;			r	"publish" means publish in the Trade Marks Journal or to make available on the official web site of Controller General of Patents, Designs and Trademarks;	Website is also included under the heading of publish
		r	"registered trade mark agent" means a trade marks agent whose name is actually on the register of trade marks agents maintained under rule 148;			s	"registered trade mark agent" means a trade marks agent whose name is actually on the register of trade marks agents maintained under rule 148;	No Change
		s	"renewal" means and includes renewal of a trade mark or a certification trade mark or collective mark, as the case may be;			t	"renewal" means and includes renewal of a trade mark or a certification trade mark or collective mark, as the case may be;	No Change
		t	"Schedule" means a schedule to these rules;			u	"Schedule" means a schedule to these rules;	No Change
		u	"section" means a section of the Act;			v	"section" means a section of the Act;	No Change
		v	"specification" means the designation of goods or services in respect of which a trade mark or a registered user of a trade mark is registered or proposed to be registered;			w	"speciflcation" means the designation of goods or services in respect of which a trade mark or a registered user of a trade mark is registered or proposed to be registered;	No Change
		w	All other words and expressions used but not defined in these rules buts defined in the Act or in the Geographical Indications Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) shall have the meanings respectively assigned to them in these Acts.			x	All other words and expressions used but not defined in these rules buts defined in the Act or in the Geographical Indications Goods (Registration and Protection) Act, 1999 (48 of 1999), the Copyright Act, 1957 (14 of 1957) shall have the meanings respectively assigned to them in these Acts.	No Change
	2		In these rules, except as otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these rules, a reference to a Schedule is a reference to that Schedule to these rules and a reference to a form is a reference to that form contained in the Second Schedule or the Third Schedule, as the case may be to these rules.		2		In these rules, except as otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these rules, a reference to a Schedule is a reference to that Schedule to these rules and a reference to a Form is a reference to that Form contained in the Second Schedule or the Third Schedule, as the case may be, to these rules.	No Change