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Rule 137

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137. Application for registration and proceedings relating thereto.-

(1) An application for the registration of a certification trademarks for goods or services under sub-section (1) of section 71 shall be made to the Registrar in Form TM-A along with the draft regulations.

(2) References in Part I of the rules to the acceptance of an application for the registration of a trademark, shall, in their application to certification trademark, be substituted by references to authorization to proceed with the application.

(3) The address in India, if any, of an applicant to register a certification trademark shall be deemed to be the address of his principal place of business in India for all the purposes for which such an address is required by the rules.

(4) The regulation governing a certification trademark shall specify, inter alia-

(a) a description of the applicant;

(b) the nature of the applicant's business;

(c) the particulars of infrastructure like Research and Development, technical manpower support;

(d) the applicant's competence to administer the certification scheme;

(e) the applicant's financial arrangement;

(f) an undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulations;

(g) the characteristic, which the trademark will indicate in the certified goods or in relation to the rendering of certified services;

(h) the manner of monitoring the use of the trademark in India; and

(i) such other relevant particulars as may be called for by the Registrar.