Appellate Board jurisdiction: centralised review and rectification procedure for trade mark registrations with specified composition, powers and safeguards. Creates an Intellectual Property Appellate Board with authority to hear appeals from the Registrar and to decide rectification applications, to sit through Benches usually comprising a Judicial Member and a Technical Member, and to regulate its own procedure guided by principles of natural justice. The Act prescribes Member qualifications, appointment, terms, resignation and removal, interim order safeguards, Registrar participation rights, transfer of pending matters to the Board, and interactions between rectification proceedings and criminal or infringement suits, while addressing non-use removal, limitation by colour, and acceptance of associated marks as proof of use.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Appellate Board jurisdiction: centralised review and rectification procedure for trade mark registrations with specified composition, powers and safeguards.
Creates an Intellectual Property Appellate Board with authority to hear appeals from the Registrar and to decide rectification applications, to sit through Benches usually comprising a Judicial Member and a Technical Member, and to regulate its own procedure guided by principles of natural justice. The Act prescribes Member qualifications, appointment, terms, resignation and removal, interim order safeguards, Registrar participation rights, transfer of pending matters to the Board, and interactions between rectification proceedings and criminal or infringement suits, while addressing non-use removal, limitation by colour, and acceptance of associated marks as proof of use.
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