Section 73 of The Trade Marks Act, 1999
When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.
Summary
- This provision deals with the public notification and opposition stage for a certification trade mark.
- It requires the Registrar to advertise the application once it has been officially accepted.
- It applies the standard rules of trademark opposition to certification marks, allowing the public a chance to object.
Practical examples
FAQ
1. What happens immediately after a certification mark application is accepted under Section 73 of The Trade Marks Act, 1999?
According to Section 73 of The Trade Marks Act, 1999, the Registrar must cause the accepted application to be advertised in the prescribed manner.
2. Can someone object to a certification mark under Section 73 of the trademark rules?
Yes, Section 73 of the trademark rules states that the provisions of Section 21, which handle opposition to registration, apply to certification marks just like regular applications.
3. Who is responsible for advertising the application under Section 73 of The Trade Marks Act, 1999?
Section 73 of The Trade Marks Act, 1999 places the direct responsibility on the Registrar to ensure the application is advertised.
Test yourself
Q1.Under Section 73 of The Trade Marks Act, 1999, what action follows the acceptance of a certification mark application?
Q2.Which section's rules regarding opposition apply to certification marks according to Section 73 of The Trade Marks Act, 1999?
Q3.According to Section 73 of The Trade Marks Act, 1999, who triggers the advertisement of the accepted application?
Q4.Is the opposition process under Section 73 of The Trade Marks Act, 1999 different from regular trademarks?