85. Qualifications for appointment as Chairman, Vice-Chairman, or other Members.—
(1)A person shall not be qualified for appointment as the Chairman unless he—(a)is, or has been, a Judge of a High Court; or(b)has, for at least two years, held the office of a Vice-Chairman.(2)A person shall not be qualified for appointment as the Vice-Chairman, unless he—(a)has, for at least two years, held the office of a Judicial Member or a Technical Member; or(b)has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years.(3)A person shall not be qualified for appointment as a Judicial Member, unless he—(a)has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years; or(b)has, for at least ten years, held a civil judicial office.(4)A person shall not be qualified for appointment as a Technical Member, unless he—(a)has, for at least ten years, exercised functions of a tribunal under this Act or under the Trade and Merchandise Marks Act, 1958 (43 of 1958), or both, and has held a post not lower than the post of a Joint Registrar for at least five years; or(b)has, for at least ten years, been an advocate of a proven specialised experience in trade mark law.(5)Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President of India.(6)No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.
