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Section 49 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 49. Application for registration as registered users

(1) Where it is proposed that a person should be a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every such application shall be accompanied by-

(i) The agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark: and

(ii) An affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf, –

(a) Giving particulars of the relationship, existing or proposed, between the proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction to persons for whose registration as registered users application may be made;

(b) Stating the goods in respect of which registration is proposed;

(c) Stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter;

(d) Stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and

(iii) Such further documents or other evidence as may, be required by the Registrar or as may be prescribed.

(2) When the requirements of sub-section (1) have been complied with to his satisfaction, the Registrar shall forward the application together with his report and all the relevant documents to the Central Government.

(3) On receipt of an application under sub-section (2), the Central Government, having regard to all the circumstances of the case and to the interests of the general public, and the development of any industry, trade or commerce in India, may direct the Registrar-

(a) To refuse the application; or

(b) To accept the application either absolutely or subject to any conditions, restrictions or limitations which the Central Government may think proper to impose:

Provided that no direction for refusing the application or for its acceptance conditionally shall be made unless the applicant has been given an opportunity of being heard.

(4) The Registrar shall dispose of the application in accordance with the directions issued by the Central Government under sub-section (3).

(5) The Central Government and the Registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade.

(6) The Registrar shall issue notice in the prescribed manner of the registration of a person as a registered user, to the registered users of the trade mark, if any.

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The Trade and Merchandise Marks Act,1958

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