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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter XI


Power of Government to make rules
84. (1) The Government may, subject to the condition of previous publication by notification in the official Gazette, 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-
(a) prescribe the classification of goods for the purpose of the registration of trade marks, and empower 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 which may be prescribed;
(b) require the making of duplicates of trade marks and other documents connected therewith;
(c) provide for securing and regulating the publication, sale or distribution of copies of trade marks and other documents connected therewith;
(d) prescribe additional matters to be entered in the register;
(e) prescribe the conditions and restrictions subject to which the register, and the Refused Textile Marks List may be inspected;
(f) prescribe the form of certificates of registration;
(g) prescribe the conditions under which a trade mark removed from the register may be restored under sub-section (3) of section 18;
(h) prescribe the further documents, information or evidence to accompany an application under sub-section (1) of section 41;
(i) prescribe classes of goods as textile goods for the purposes of Chapter IX;
(j) provide for the constitution of Advisory Committees referred to in section 66, and prescribe the places of meeting, and conduct of business at meetings, of such Committees;
(k) regulate the awarding of costs by the Registrar under section 70;
(l) prescribe the conditions subject to which an agent referred to in section 80 may act;
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(m) prescribe the fees to be paid under this Act;
(n) provide for the establishment of branches of the Trade Marks Registry when expedient for facilitating the working of this Act, and authorise the preparation of copies of the register to be kept at such branch offices;
(o) prescribe the manner in which, in proceedings under this Act before the Government or the Registrar, applications shall be made, notices given and matters advertised;
(p) prescribe times or periods required by this Act to be prescribed;
(q) provide, generally, for regulating the business of the Trade Marks Registry and of branches established under clause (n) and for regulating all things by this Act placed under the direction or control of the Government or the Registrar.

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Ministry of Law, Justice and Parliamentary Affairs