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Union of India - Section

Section 133 in The Trade And Merchandise Marks Act, 1958

133. Power of Central Government to make rules.

(1)The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication, make rules to carry out the purposes of this Act.
(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(a)the classification of goods for the purpose of the registration of trade marks, and the empowering of the Registrar to amend the register so far as may be necessary for the purpose of adapting the entries therein to any amended or substituted classification;
(b)the making of duplicates of trade marks and other documents connected therewith;
(c)the securing and regulating the publication, sale or distribution of copies of trade marks and other documents connected therewith:
(d)the additional matters to be entered in the register;
(e)the condition and restrictions subject to which the register, the Refused Textile Marks List and other documents may be inspected;
(f)the form of certificates of registration;
(g)the further documents, information or evidence which should accompany an application under sub-section (1) of section 49;
(h)the prescribing of classes of goods as textile goods for the purposes of section 71;
(i)the awarding of costs by the Registrar under section 97;
(j)the conditions subject to which a person may be registered as a trade marks agent, and the conditions subject to which an agent referred to in section 123 may act;
(k)the fees to be paid under this Act;
(l)the establishment of offices of the Trade Marks Registry for facilitating the working of this Act, the territorial jurisdiction of each office of the Trade Marks Registry and the preparation of the copies of the register to be kept at such offices;
(m)the transfer of applications and proceedings pending at the commencement of this Act in any office of the Registry to the appropriate office of the Registry;
(n)the manner in which, in proceedings under this Act before the Central Government or the Registrar, application shall be made, notices given and matters advertised;
(o)the times or periods required by this Act t be prescribed;
(p)the regulation generally of the business of the Trade Marks Registry and of the offices established under clauses (l) and the regulation of all things by this Act placed under the direction or control of the Central Government or the Registrar;
(q)the number of samples to be selected and tested and for the selection of the samples for the purposes of section 75;
(r)the manner in which cotton yarn and cotton thread shall be marked with the particulars required by scion 74, and the exemption of certain premises from the provisions of that section;
(s)the classes of goods included in the expression "piece goods, such as are ordinarily sold by length or by the piece" for the purposes of section 74 and clause (f) of section 18 of the Sea Customs Act, 1878 (8 of 1878);
(t)any other matter which is required to be or may be prescribed.