TRADE MARK RULES 2002 AMENDED

The Trade Marks Rules 2002 is amended by Trade Marks (Amendment) Rules, 2010 and notified on 20th May 2010 vide Official Gazetee released by Ministry of Commerce and Industry, Department of Industry Policy and Promotion, Govt. Of India. The Class 42 of the Fourth Schedule of The Trade Mark Rules, 2002 has been expanded by the amendment to include specific services.

EARLIER TO AMENDMENT:
Class 42:
Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services, legal services, scientific and industrial research, computer programming; services that cannot be classified in other classes.
NOW AFTER AMENDMENT:
Class 42.
Scientific and technological services and research and design relating thereto; industrial analysis and research services; design and development of computer hardware and software.
Class 43.
Services for providing food and drink; temporary accommodation.
Class 44.
Medical services, veterinary services, hygienic and beauty care for human beings or animals; agriculture, horticulture and forestry services.
Class 45.
Legal services; security services for the protection of property and individuals; personal and social services rendered by others to meet the needs of individuals.
The amendment also inserted a provio to rule 62 in sub-rule (3) as follows: -
"Provided that if the Registrar is satisfied with the claim of the registered proprietor supported by evidence that the certificate of registration issued under sub-rule (1) has not been received by the registered proprietor, he may issue duplicate or copy of the certificate of registration without any further payment of fee :
Provided further that, no such duplicate or copy of certification of registration shall be issued where such request is received after the expiry of the time limit for renewal of registration and restoration of the registered trade mark".
This proviso allows Trademark Registrant to obtain duplicate Registration certificate in case he has not received without any further payments. However the proviso has a limitation that Registrant should apply for such duplicate registration certificate before expiry of the time limit for renewal/ restoration of the mark.