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Section 36E

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36E. International registrations where India has been designated.—

(1) The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner.

(2) Where, after recording the particulars of any international registration referred to in
sub-section (1), the Registrar is satisfied that in the circumstances of the case the protection of trade mark
in India should not be granted or such protection should be granted subject to conditions or limitations or
to conditions additional to or different from the conditions or limitations subject to which the international
registration has been accepted, he may, after hearing the applicant if he so desires, refuse grant of
protection and inform the International Bureau in the prescribed manner within eighteen months from the
date on which the advice referred to in sub-section (1) was received.

(3) Where the Registrar finds nothing in the particulars of an international registration to refuse grant
of protection under sub-section (2), he shall within the prescribed period cause such international
registration to be advertised in the prescribed manner.

(4) The provisions of sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in
relation to an international registration as if such international registration was an application for
registration of a trade mark under section 18.

(5) When the protection of an international registration has not been opposed and the time for notice
of opposition has expired, the Registrar shall within a period of eighteen months of the receipt of advice
under sub-section (1) notify the International Bureau its acceptance of extension of protection of the trade
mark under such international registration and, in case the Registrar fails to notify the International
Bureau, it shall be deemed that the protection has been extended to the trade mark.

(6) Where a registered proprietor of a trade mark makes an international registration of that trade
mark and designates India, the international registration from the date of the registration shall be deemed
to replace the registration held in India without prejudice to any right acquired under such previously held
registration and the Registrar shall, upon request by the applicant, make necessary entry in the register
referred to in sub-section (1) of section 6.

(7) A holder of international registration of a trade mark who designates India and who has not been
extended protection in India shall have the same remedy which is available to any person making an
application for the registration of a trade mark under section 18 and which has not resulted in registration
under section 23.

(8) 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 related basic application or, as
the case may be, the basic registration in a Contracting Party other than India has been withdrawn or
cancelled 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 in India
shall cease to have effect