18 ———Intreduction LAW RELATING TO TRADE MARKS The Trade and Merchandise Marks Act was Passed in the year 1958. S ten it had been amended several times. Moreover, in view of developments in trading and commercial Practices, increasing globalisatiory of trade and industry, theneed to encourage investment flows and transfer of technology and the need to simplify and harmonize trade mark management systems, it was considered necessary to bring out a comprehensive legislation on the subject. Accordingly the Trade Marks Bill, 1999 was introduced in the Parliament. STATEMENT OF OBJECTS AND REASONS: THE TRADE MARKS ACT, 1999 The Trade and Merchandise Marks Act, 1958 has served its purpose over the hst four decades. It was felt that a comprehensive review of the existing law be made in view of developments in trading and commercial practices, increasing ebbalisation of trade and industry, the need to encourage investment flows and transfer of technology, need for simplification and harmonization of trade mark management systems and to give effect to important judicial decisions. To shieve these purposes, the present Bill proposes to incorporate, inter alia the ‘ollowing, namely:— a) Providing for registration of trade mark for services, goods; (b) registration of trade marks, wh marks, not to be permitted, besi in addition to hich are imitation of well known trade des enlarging the grounds for refusal of registration mentioned in clauses 9 and 11- Consequently, the oes for defensive registration of trade marks pied toa ae te cto aerles ag ae a registration of trade marks in a i stem of maintau : foes (a) doing away with ne oy Gifferent legal rights, and to peovice aay a single art A and Part B with « ocedure for registration and qual rights; (e) frelste with stelle ai for registration of registered user and ©) simplifying the proce¢ pd use; enlarging the scope of permitted e Marks” owned by associations, “Collectiv ® Providing for registration of “Col oi _ ete,; 4 for speedy disposal of appeals an 8) providing an Appellate eal present lie before High Courts; whit PE ans rectification application BIao F i istration of " ty relating to regis! Cette. 2 anal authority d of the Central Government; MN Catigy, Ttellectut py a ‘ instea\ egistrar ins ; ed punishment for a tree to prea ade os anc! Sopyright Act, 1 e viding e™ resent COPY! 8 Sale of ci pres with the P ds; / as part of cor spurious goo e of someone else’s trade marks as p porate Names, ibiting us (p prot me of business concern; orn lication of convention soon to rela (&) extension of are ers of Group or union of countries and jnig: yhich are mel On eveenmental Organisations, other provisions, like amending the definition of “trade orating it ‘li lication for registration in m, (1) RCo visions for filing a single aPP ore marks”, provisiol i iod of registration and renewal from 7 increasing the period o} n than one a ae tade mark offences cognizable, enlarging the _ ae f courts to bring the law in this respect on par with the Se amplifying the powers of the court to grant ex pare a in certain cases and other related amendments to simplify and injul sheamline the trade mark law and procedure. In view of the extensive amendments necessitated in the Trade and Merchandise Marks Act, 1958, it was thought fit to repeal and re-enact the said Act incorporating the necessary changes. ACT 47 OF 1999 The Trade Marks Bill, 1999 having been passed by both the Houses of i Parliament received the assent of the President. It came on the Statute Book as | THE TRADE MARKS ACT, 1999 (47 of 1999). ea ee | Though the Act was passed in 1999, all the provisions of the Act came into | force from 15th September, 2003. Besides, the Central Government notified the } establishment “of “Intellectual Property Appellate Board and specified Ahmedabad, Chennai, Delhi, Mumbai ond ry Intellect Mumbai and Kolkata as places of benches . | Further the ea Appellate Board with effect from 15th September, 20° ' proceedings tenia Covemment made provision for the transfer of pendité #85 to such Appellate Board with effect from 6th October, 2003. MEANING OF “ i sec Consumer is duped + OF ‘TRADE MARK’ OM a certain ide : commod \ interests, : d ithe buys a commodity presuming, it to have origin cues when actually it is not, and later he finds © Process, the reputation of trader ate ’ fies the trader can be saved if some se © Boods emanating trom eee from a definite trade so™ a Such source. Such a syinbol is called tified. MY substandard, of both the a Visual re \rade origin, P"¢8entation attached to goods for the purpose © A — Pare oa eae133, wu wil » trade mark ‘Lakme’ distinguishe: th «mpl the tra¢ ; c 's the goods of Lakme Li oa those of say, the ‘Revlon’. The word ‘Revion’ is a separate trade nf ich distinguishes goods of Revlon. . oa mation of the Trade Marks Act, 1999 defines a mark as: section 2000000) © = heading Iahai i: " des a device, brand, heading, label, ticket, name, signature, Mark’ inclu A GeVICe, | iB, label, ti cord, letter, shape of goods, packaging or combination of colours numeral shape of goods, packaging mbination of colours or any combination thereof, a k” as a mark capable of bei section 20 (2b) defines “Trade mark” as a mark capable of being represented his capable of distinguishing the goods or services of one *agialy and’ which rson from those of others and may include shape of goods, their packaging and bination of colours. Section 2(1)(z) of the Trade Marks Act, 1999 defines “service” as service of any description which is made available to potential uses, and includes the provision of services in connection with business of any industrial or commercial matters such as banking, | commuinication, education, financing, insurance, chit funds, real slate, transport, storage, material treatment, processing, supply of electrical or olher energy, boarding, lodging, entertainment, amusement, constriction, repair, conveying of news or information and advertising. The Trade Marks Act, 1999 also defines “we relation to any goods or services which has become so to the substantial segment which uses such goods or receives such services that the use of such mark in teation to other goods or services would be likely to be taken as indicating a connection, in the course of trade or rendering of services between those goods or Setvices and a person using the mark in relation to the first mentioned goods or r rade mark” as a mark in services, ate “trademark” means a mark capable of being represe! ted erephice and eat istinguishi pods and services of one pers inguishing ne aoe or word also. Name includes any th ; a °Se of others, Mark includes amongstil name oF eviation of a name; Laknikant V. Patel v. Chet The prir —— | rer nelptes for comparison of the marks single common language, 4 large poll country like India, where there iS no SRB Cr eslish hlage of population is illiterate and a small fraction O! PET ine marks no apply the prineiples of English Lavy regarding ti its “Ustomer knowing about the distinguishing pa unite examining, stich S seems to overlook the ground realities 1 TCM NT Stich goods in » Who may have absolutely NO KNENNT TS | hom different words with en While dealing, la ‘Buape k is writl same. sligh 28S iM Which the trade mark és vKonetically the same in ditt may sound Phone Grtant tests which has to be at Shalt, AIR 2002 SC Mference in spelling pelling: » of the 7 i ing, olf, one OF UN tation made by the defendant is er the misreP ordinary consumer to confuse one Cad om Gior and other surrounding factors. ity of me ace larity a from case to case eS relating, to pas: ste e is wheth Prods 2 Nature as is likely 10 Uct for another due to simil “tis likely to cause confusion WOUtl Proper, i TRADE DESCRIPTION \ « ion’” is defined under the 1999 Act as any dc. sth descr dication, direct or indirect:— “Sctiption statement OF a member, quantity, measure, gauge or weight of any i as ‘ U standard or quality of any goods or services, as to the fe tas to the ‘ose of any goods being a drug, as to the place or country for ie ae are provided, as to the name and address or identity ie P mfactirer or provider of service, as to the mode of Manufacture mai is or providing services, as to the material of which any . of composed, as to any goods being subject of any existing patent, Priv fal or copyright and includes any description which according to custom the trade is commonly taken as its indication and description as imported goods and any other description which is likely «misunderstood for any or all such matters. For example, the numerals ‘555’ attached to a washing powder is its trade mark. A person who sells his goods under a particular trade mark acquires limited exclusive right to use of the mark in relation to those goods. A trade mark may be registered or unregistered. An unregistered trade mark is called common law mark. ~ A trade mark when registered gets a stable existence. A registered trade mark can be in relation not only to its existing use but also for a Proposed use. ~ The proprietor of an unregistered trademark shall not be entitled to institute any proceeding lo:prevent: cf th ree ig to prevent, or to recover damages for, the infrin / unregistered trademark. See 7 to an, t0 be E However, such Proprietor of unregistered trade mark shall have common law Tights to take action against another person for passing off good’yas goods of another person or services provided by another person, or the remedies in respect thereof. es a — THE FUNCTIONS OF A TRADE MARK ves the Purpose of identifying the source of origin of goods a a the following, four functions:-— ‘Brooke Borg Produet_and its origin, For example, the trade math manulacturin te ee tea originating from the Compa idea fi a and Marketing it under that mark. ed Brooke Bond Tey ety: The quality of tea sold in the packs ma T a ith mark Taj Mahal. would be similar but different from tea labelled ™" + It advertises the The trade mark *G-Product. The trade oduct. SONY ae Sony’ is mark represents the Pp k associated with el ic i trade : of i lectronic items. The us advertises the pro, ict ee quality of particular class of goods- It ys ™Mpetitors, while distinguishing it from products of 50 A trade mark ser Trade mark perfo:a ‘ 135 acto i f the product in the mis inf tes an image 2 ‘e minds of the publi i L ner me rs of the prospective consumers of such gi E is. Th ana oe hich stands for the food items originating from the American fast food hain McDonalds creates an image and reputation for food items offered y it for sale in the market. NEED AND EMERGENCE OF TRADE MARKS LAW rks associated with goods come to acquire a reputation and goodwill The a Before the enactment of the Trade Marks Law, the trade marks ommon law marks. The common law marks could not be ote be called c isd gas there was no law under which it could be done. mam pwner of a common law mark had to protect his mark against acts of iigement OF Pass ar py anivating common lave proceedings inne coedings had to be set in motion each time an infringement occurred. launched only when the mark had actually been ‘Aigo such proceedings could used by an infringer. Such proceedings used to be time-taking and onerous. That rought in the need for a special legislation. Enactment of the Trade and Merchandise Marks Act, 1958 brought into existence a system of registration of trade marks which gave statutory its conferred by recognition to proprietorship of trade marks and defined the righ such registration and prescribed remedies in respect of infringement of those rights, The T958 Act has now been replaced by 1999 Act. The provisions of the Trade Marks Act, 1999 (47 of 1999) came into force with effect from 15th day of September, 2003, vide S.O. 1048 (E), dated 15th September, 2003. ESSENTIALS OF A TRADE MARK A trade mark should have the following(essential elements>- 1. Distinctiveness of the trade mark. A trade mark would be considered a 800d trade mark when it is distinctive. In the case of Imperial Tobacco v. Registrar, Trade Marks, AIR 1977 Cal 413, the word distinctiveness was held to be some quality in the trade mark which earmarked the goods marked as distinct from those _of other Products or such goods. *~ Features of Distinctiveness ~~ Distinctiveness may be class dependent. What is distinctive Te relation to one class of goods may not be so in relation to another class of goods.(The trade mark may be united wholly to one or more specified colours and this colour ma ination may become the distinctive character of the particular mark Distinctiv erent or acquired eness may be inherent 0} le Inherent di ones means that the mark or get up is distinct jn itself « jistinctivenes end no one can justifiably claim the right to use it. from ev; ae erything else ai an like "Rin’ m every vented word like ‘Rin’. For instance, a marl eof an in 7 “2GeG Intellectuay Proper 136 Acquired distinctiveness means Distinctiveness through use. trade marks acquire distinctiveness through tse The’ Most of thy Yashica, Hawkins, Surf and Luxor have acquired distinctive x use as also the distinctiveness due to the inherent quality invented words. ° e Ness thy Of their being 2. The trade mark should Preferably be an\invented Word/ In & ‘act, trade marks are invented words. a cL the best vented word: 3. The trade mark, if a word or name, should bd easy to pronounce ang remember. For instance, Bata’ for Fen or ‘shoes; “Zen” for car, ‘SONY’ for electronics, ‘Ford’ for car; ‘Panchranga’ for Pickles. 4. In case of a device mark; the device should be capable of bein, being described by asingle word. a 5. It must be easy to spell correctly and write legibly. 6, » It should not be descriptive but may be suggestive of the quality of goods. For example, a mark AT oe) generally suggest superior quality. Avon (A-1) cycles for instance, 7. Itshould be short. For instance ‘Tick’, ‘Flex’, ‘Ben’, ‘Rin’, - It should appeal to the eve as well as the ear. 9. It should satisfy the requirements of registration. 10. It shou wld not belong to the class of marks prohibited for registration. For example, a mark contrary to law for the time being in force or a mark Prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950. oo TRADE MARK LAW IN INDIA 4 The Trade Mark law in India is now contained in the provisions of the Trade Marks Act, 1999 (47 of 1999). The so catlier Trade and Merchandise Marks Act, 1958 has been repealed. The 1958 Act with the extensive amendments, has become the 1999 Act. The objec sought to be achieved by the 1999 Act have been stated earlier. by the After the Act is enacted by the legislature, rules thereunder are me mr the Government to facilitate and regulate the implementation of the provisions of) to Act. Rules made under an Act have the force of law. The rules have, howe be consistent with the Provisions of the Act. How isa trade mark Protected in India f resorted To protect the registered Trade \ Mark, the following remedies can be 0: 1. Civil remedies, 2. Criminal Proceedings, 3 Administrative remedies, Civil remedies When instances of infringe i of co JMrsdiction (court hott Ngement and Passing off occur, the cou Merlocutory lower than ¥ injunction, AP ran low st Vistrict Court) can be moved for 8 " Anton Pillar Orders, damages and account of P' (08 Pillar Orc amages count of prsto inal proceedings 7 Complaint may be made against the Person causj poth_the 5 Une on the civil law and “Using infringement. ane . Under the iT Taw crimi : multaneous * civil Taw prog inal law sir eif while under the criminal Ta reeds, the Plaintiff seo be ted jshment to the infringer. ings the comp! - aes is for =) aia seeks award hims of pum administrative remedies ing the registration of a decepti i Ptively similar tr; ‘ade mark when th k when the Trade Opposin try is in the pi ak gis rocess of consider 108! ering the grant of a trade mark, can rotect the trade mark. The Registry can aka °2 be moved for removal of a deceptively similar trade mark, if registered. service Marks? Under the Trade and Merchandise Marks A ct, i registerable. The 1999 Act, however, makes the sericea praca Collective Marks 7, “Collective Mark” is defined in the 1999 Act i goods or services of members of an association of pesos aire ee fe of the mark from those of others. The association of persons however nat includes partnership within the meaning of Indian Partnership Act, 1932. Section 2 of the 1999 Act lays down that any reference to “Trade Mark” shall include reference to “Collective Mark” or “Certification Trade Mark”. Deceptively Similar Work The expression “deceptively similar’ in relation to a mark has been defined as ly resembles the other mark as to be likely to deceive or cause that which so nearl confusion. The principles tor deciding the question of similarity of two marks (1) The marks are remembered by general impressions of some of signicant detail rather than by a photographic recollection of the whole ) Overall similarity is the touch stone. _ impression of a person of averaBe ©) Mark must be looked at from the ist intelligence and imperfect recollection = d similarity of idea are important (4) —_ ) cverall structure, phonetic similarity and similar and both visual onetic tests must be apples ual and phoneti * PP pic examination DEE 6) ) The marks must be compared as a whole, rg, Lmbermissible. aa i" Fiyhgl®® the nature of commodity, the class ot Pa eraken ink ‘ape’ and other surrounding, circumstances MUS! ® i S “ors 4 ly 410 B® considered for deciding deceptive Y . tet decigi, a , rsidenain® the question of deceptive similarity r, the mode of 0 consid- similarity the following factors 47° 0Intellectual Property stare of mark ic. whether the marks are word marks or label marks y ee ‘ite marks i.c. both word and label marks. ore Q The d phonetically of resembleness between the marks, ually or structurally similar and hence si 3) The nature of goods in respect of which they are used as trade marks, Q a (4) The similarity in the r ture, character and performance of the goods of OT the rival traders rn manner — (5) The class of purchaser who are likely to buy the goods bearing the marks, 4 (0) The mode of purchasing the goods or placing orders for the goods, 4 (7) Anyother surrounding circumstances Itis also settled that weightage to be given to each of the aforesaid factors depends upon facts of each case and the Same weightage cannot be given to each factor in every case. Criteria for determining the deceptivity The Act does not lay down any criteria for determining what is likely to deceive or cause confusion within meaning of the provisions therein. Therefore, every case must depend upon its own particular fact, and the value of authorities lies not so muich in the actual decision as in the teste applied for determining What is likely to deceive or cause confusion. On an application to register, the Registrar or an opponent may object that the trade mark is not tegisterable by teason of provisions embodied in Act. In such a case, the onus is on the pplicand to sai trade mark applied fo it is considered that there is doubt as application should be refused. A trade mark is likely to deceive or cause contusion by its resemblance to another already on the register il itis likely to 40 So inthe course of its legitimate use in a market a THE TRADE MARKS RULES, 2002 arks Rules, 2002 were published in the Gazette of India, Ext Med 26th February, 2000 TH CER. 1 14(1), dt. 26-2-2002 Principal place of business in India Within the of rule 4 of the Trade lace o 1 Place of b 1 India is that particul the business Is rv the y the Registrar that the e confusion. In cases when hether deception is likely, the The Trade M PLL See, 34) da Meaning, DUSiNESS Carried on. Where Place mentioned | cipal Marks Rules, 2002, the prinelp! ar place only, where the sale > carried of at more th, Person, carryinye TH pret 28. goods and services not concerned will i place of business is the place it any other business * tlermatively, if such any other bigsiness ot * then the place mentioned by the, Pe lace i Of business, Again if the busin TSOn has pl od ce e a * = jac ‘e Principal bits eSidence in India, then such p! a one place then TUS 8 on the business. < ¢ the business j trade mark, the Princip, amied on at Arried Gy carr * place lace of busi in Indiaptoaor gure for Registration of Trade Mark ‘The application ie registration of trade m; iste FAL, TH, Tan a far ATG, TM-65, TM-66 and TM.68, ane Me IMT TN 2 the sppiatin i eee eee th at/A single application can also be mad ie by the se wa (a efor diferent clase of poten Where an applicant files a single applicatic on for more clas ses than one and the registrar determines: that the goods or services applied for fall en oF fall in class or classes gin Fi in addition to those applied for, the applicant may rest og services to the class applied for or amend ee jaditional class or classes on payment of eae te he a i: jale class fee and the divisional fee. The new class created through a division retains the benefit of | gh a division retains the benefit ofthe original filing date or in the case of an application from a convention a oretation application date under sub-section (2) of section 154 provided the claim was otherwise properly asserted in the initial application. He, shall ™M-53, (Trade A single Advertisement of Application According to the rule 43, an application for registration shall be advertised in the trade_mark_journal ordinarily within ‘onths of the acceptance of the application or alter the expiry of the period referred to ection (2) of section 154 whichever is later. Where a ‘rade mark applied for is other than a word, the Registrar may call upon the applicant to furnish a camera-teady copy ofthe trade mark. . The Registrar may, after informing the pu ‘obs ny other the applications published in the journal on the Interet Me ie ade mark dkctronic media, The Registrar may, after informing the public int a journal, ae : y CD-ROM on paymer make available the journal in cD. rks differing fom one anothet oy 5 of | W aaa i Vhere an application relates to a serie it ction S the adverts in respe = i respect of the particulars mentione’ with ars ment, insert W if he thinks fit, nets the several trade mark public in the trade mark journal, put A - : ; fe the Registrar may, PPlcation a statement of the manner in W " one another. de ma hall be geen i olce of opposition to the registration ig wei further ea ine te § or within > nade tee “Cle in Form TM-5 within 7 BONS Pe le the jour! gsmde eda ceed on. ineatone monifyin the aggrepale !"° h Publig—— "istrati : sg read’ tion of Trade Mark rise OFTEN Sted and the “te no not; 7 aplication * postl 1 Ne outs poo tice of opposition to an applic where tr orT su tion () iig al is fi ot OP ee scified perion * ions of 8 \ iled within the specifiee | ; e provisl subjec Gal the register Sieg Mis “ction “ussed, the Registrar shall, ° 0 qes de mark 0" enter the tra = 2OR. 140 Intellect Mal Prope, Procedure for Registration : Present a written application in the office —_ Options aeons Vy cepted Rejected absolutely absolutely cereal J Registrar shall record | [sn grounds | If application Z accepted in error ~ | | Correction Withdrawal of if any eer acceptance | Advertisement of application — - Written opposition -—=—=S=ST Nt opposed v Notice of opposition If opposition decided in favour of applicant If not in favour Condition and limitation '—> to registration ——_— Certificate of Registration issued Extension of time in Registration proceedings Lid Rule 105 of the Trade Mark Rule 2002 as was held in Gujarat Medicraf Pete the v. Cipla Ltd., (2006) 32 PTC 510, has been formulated under the man _ ee in statute. It carries out the provisions of section 131 of the Trade Mark Act accordance with the rule 105, an extension under section 131(1) can be Bra a rescribed by rule 79 or rule 80(4), or a time for the extension of which Prov js made in the Rules. In other words, the Registrar is not empowered to gr extension under section 131(1) in the following cases:— (1) where a time is expressly provided in the Act, or (2) a time is prescribed by rule 79 or rule 80(4), or (3) a time for the extension of which provision is made i Further, the extension of time in opposition proceedings have sin in Rules 47(1), 50(1), 52 and 56(1) and as such looking to the prov 105, the extension of time either for filing a notice of opposition OF 8° Yor tor support of opposition or in support of application or evidence a wp the Act Sdjgumnmentof hearing cannot be granted under section 131( ) ot sion Therelore, section 131(1) read with rule 105, is a bar for the grant of ONT oath the opposition proceedings, particularly when the extension of owes. Hen aggregate is specifically and expressly provided in the aforesaid Rules ih i the opponent's contention that the extension of time beyon' one 18 could opposition proceeding can be granted under section 131(1) and Rule 109 hot be accepted. However, the provisions of section [31(1) read Wt may be available for the yrant of extension in general with exception IP cases. the rules. de M esince Dee? mad ision of RU widen?19 Statutory Authorities ory authority under the Trade and Merchandise Marks Act, 1958 is The stat f Patents, Designs and Trade \ 5 Tre sat General of Patents, Design: tade Marks. A Joint Registrar, ge Conte Sars, Assistant Registrars, Examiners—of Trade Marks and a ministerial staff assist the Controller-General in the discharge of ‘ncnons. The Joint Registrar, Deputy strar Assistant Registrars was the powers as the Registrar delegates to them. oe trade Marks Registry established under the Trade and Merchandise Marks Act of 1958 is the Trade Marks Registry in respect of functions of Registrar “Trade Marks under the Trade Marks Act, 1999. ° established the Intellectual Property ‘ sits at Chennaiyby a notification with effect from 15th risdiction powers and authorities. The places like Ahmedabad, Chennai, Delhi, Mumbai and Kolkata were 5 by the Central Government where the benches of Intellectual Property Appellate Board shall sit. THE JURISDICTION OF TRADE MARK OFFICES The jurisdiction of the Head Office and the Branch Offices are territorially demarcated on zonal basis. The applications for registration are to be filed in the tice within whose territorial jurisdiction the applicants’ principal place of cusiness is situated. The principal place of business means : = |. where a person carries on business in the goods in respect of which trade mark is to be registered. ————— (a) If the business is carried on in India in only one place, then that place. (>) If business is carried on in India at more places cone. then the Place mentioned by him aS the principal place of business in India 4 in the goods concerned in a Where a Person is not carrying on a business trade mark (e.g. proposed user) ‘3) Ifhe is carrying on any other business in India at only one place, then that place. © . a \y other business in India at more than one ‘®) If he is carrying on an place, the place mention ‘ed by him as the principal place of business lit yp, india; and Where a person does not carry on any business in India but has a place ot . tsidence th if residence Ay ence, then sucka place o! to be filed where the ‘icgy P@Ition and rectification applications are fll ae or registration was fil ds processed in the Head hey “PPlicat, marks are processed Id 74 lons for registration of trade PNET TSP the ottice where the Play hearings of these applications are OS Were. fied ——= wtia jorities hull 143 wt REGISTRAR OF TRADE MARKS ; de Marks i i ema Tend Ma thon pie rp je mates ide-ranging, discr: tionar mee and rectification of he epister, . waa with Wh ee BF ctionary powers. He also has | mea & Cul ee in certain matters and certain residuary powers. The Registra ‘O tiade eae is amis own decision. : egistrar of Trade ark 4 age 7 (C__ ” REGISTER OF TRADE MARKS int gegister of Trade Marks is the official record of trade marks. 1) of the Trade Marks Act, 1999 provides that for the purposes of this section 6( jq_a record called the Register of Trade Marks shall be kept at the Head Office ofthe Trade Marks Registry, wherein shall be entered all registered trade marks — wth the names, addresses_and descriptions of the proprietors, notifications of assignments and transmissions, names and addresses and such other matters as may be prescribed. Section 6(6) further provides that there shall be kept at each branch office of he Trade Marks Registry, a ¢Ol of the Re; ister and such other documents which may be notified by the Government in the Official Gazette. Section 6(2) of the 1999 Act provides that it shall be lawful for the Registrar to diskettes or in any other keep the records wholly or in computer floppies, eectronic Form subject to such safeguards as has been prescribed. Section 6(7) of the 1999 Act provides that the Register of Trade Marks, both Pett A and Part B, enlisting at the commencement of 1999 Act shall be incorporated in and form part of the re ler the 1999 Act. Classification of goods and services a The Fourth Schedule of the Trade Marks Rules, ays t ‘assification of goods and services. There are 34 classes of goods and 8 classes e “rvices ie. total 42 classes. gister und down the