Summary of the Trade Marks (Holding Inquiry and Appeal) Rules, 2024.
16 August 2024
The Trade Marks (Holding Inquiry and Appeal) Rules, 2024, amend the Trade Marks Rules, 2017, and were published on January 10, 2024, following a public review. These rules establish a formal process for handling inquiries and appeals regarding trade mark violations. They define key terms such as "adjudicating officer," "appellate authority," and the procedures for filing complaints electronically using Form-I.
The inquiry process involves issuing notices to alleged violators, who must respond and may present evidence. If a violation is confirmed, penalties are imposed, with detailed orders provided to the concerned parties. Appeals can be filed electronically within sixty days using Form III, with the appellate authority aiming to resolve them within a similar timeframe. Communications and orders are handled electronically, with penalties credited to the Consolidated Fund of India.