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36D. International application originating from India.—

(1) Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of that trade mark.

(2) A person holding an international registration may make an international application on the form
prescribed by the Common Regulations for extension of the protection resulting from such registration to
any other Contracting Party.

(3) An international application under sub-section (1) or sub-section (2) shall designate the
Contracting Parties where the protection resulting from the international registration is required.

(4) The Registrar shall certify in the prescribed manner that the particulars appearing in the
international application correspond to the particulars appearing, at the time of the certification, in the
application under section 18 or the registration under section 23, and shall indicate the date and number of
that application or the date and number of that registration as well as the date and number of the
application from which that registration resulted, as the case may be, and shall within the prescribed
period, forward the international application to the International Bureau for registration, also indicating
the date of the international application.

(5) Where at any time before the expiry of a period of five years of an international registration,
whether such registration has been transferred to another person or not, the application under section 18
or the registration under section 23, as the case may be, has been withdrawn or canceled or has expired or
has been finally refused in respect of all or some of the goods or services listed in the international
registration, the protection resulting from such international registration shall cease to have effect:

Provided that where an appeal is made against the decision of registration and an action requesting for
withdrawal of application or an opposition to the application has been initiated before the expiry of the
period of five years of an international registration, any final decision resulting into withdrawal,
cancellation, expiration or refusal shall be deemed to have taken place before the expiry of five years of
the international registration.

(6) The Registrar shall, during the period of five years beginning with the date of international
registration, transmit to the International Bureau every information referred to in sub-section (5).

(7) The Registrar shall notify the International Bureau the cancellation to be effected to an
international registration keeping in view the current status of the basic application or the basic
registration, as the case may be.