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Section 133 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 133. Power of central government to a rules

(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:

(a) The classification of goods for the purpose of the registration of trade marks, and the empowering of the Registrar to amend the register so far as may be necessary for the purpose of adapting the entries therein to any amended or substituted classification;

(b) The making of duplicates of trade marks and other documents connected therewith

(c) The securing and regulating the publication, sale or distribution of copies of trade marks and other documents connected therewith;

(d) The additional matters to be entered in the register;

(e) The conditions and restrictions subject to which the register, the Refused Textile Marks List and other document its may be inspected,

(f) The form of certificates or registration;

(g) The further documents, information or evidence, which should accompany an application under sub-section (1) of Sec. 49;

(h) The prescribing of classes of goods as textile goods for the purposes of Sec. 71:

(i) The awarding of cost by the registrar under Sec. 97;

(j) The conditions subject to which a person, may be registered as a trade marks agent, and the conditions subject to which an agent referred to in Sec. 123 may act;

(k) The fees to be paid under this Act;

(l) The establishment Of Offices of the Trade Marks Registry for facilitating the working of this Act, the territorial jurisdiction of each office of the Trade Marks Registry and preparation of the copies of the register to be kept at such offices;

(m) The transfer of applications and proceedings pending at the commencement of this Act is any office of the Registry to the appropriate office of the Registry:

(n) The manner in which in proceedings under this Act before the Central Government or the Registrar, applications shall be made, notices given and i-natters advertised;

(o) The times or periods required by this Act to be prescribed,

(p) The regulation generally of the business of the Trade Marks Registry and of the offices established under Cl. (l) and the regulation of all things by this Act placed under the direction or control of the Central Government or the Registrar:

(q) The number of samples to be selected and tested and for the selection of the samples for the purpose of Sec. 75;

(r) The manner in which cotton yarn and cotton thread shall be marked with the particulars required by Sec. 74, and the exemption of certain premises from the provisions of that section;

(s) The classes of goods included in the expression “piece goods” such as are ordinarily sold by length or by the piece” for the purposes of Sec. 74, and Cl. (f) of Sec. 18 of the Sea Customs Act,1878;

(t) Any other matter which is required to be or may be prescribed.

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The Trade and Merchandise Marks Act,1958

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