Trade Marks Ordinance, 2001 — section 132

132. Power of the Federal Government to make rules..—_(1) The Federal Government may, subject to the condition of previous publication, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.

(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:

(i)the matters to be included in the Register under sub-section (1) of section 10;

(ii)conditions and restrictions subject to which the Register shall be open to the inspection of the public under sub-section (5) of section 10;

(iii)classification of goods and services in accordance with the international classification of goods and services under sub-section (1) of section 12;

(iv)publication of alphabetical index of classification of goods and services under sub-section (2) of section 12;

(v)the manner in which the Registrar may notify a word as an international non proprietary name under section 16;

(vi)the manner of making an application for registration of a trade mark under sub-section (1) of section 22;

(vii)the manner and period for making a Convention application under clause (b) of sub-section (2) of section 25;

(viii)the matters related to the manner of claiming a right to priority on the basis of a Convention application under sub-section (7) of section 25;

(ix)conditions for grant of temporary protection in respect of goods or services during exhibition under sub-section (4) of section 26; 1 Subs. by Act No. LVIII of 2023, s. 48.

(x)the manner of giving notice to the Registrar under sub-section (2) of section 28 for opposing an application for registration advertised or re-advertised under sub-section (1) of section 28 and the fee payable for such application, making an application for extension of time under sub-section (2) of section 28 and the fee payable for such application;

(xi)the manner of serving a copy of the notice on the applicant, an application for extension of time under sub-section (4) of section 28 and the fee payable for such application, sending a counter-statement of the grounds and fee payable for such application;

(xii)the manner of serving a copy of the counter-statement on the opponent, an application for extension of time under sub-section (5) of section 28 and the fee payable for such application, sending a rejoinder to the Registrar;

(xiii)the manner of sending a copy of the rejoinder to the applicant under sub section (6) of section 28;

(xiv)the manner of submitting any evidence under sub-section (7) of section 28 and time limit for submitting such evidence;

(xv)the manner of permitting correction of any error in, or any amendment of, a notice of opposition, a counter-statement, or a rejoinder under sub-section (9) of section 28;

(xvi)the manner of notifying the Registrar under sub-clause (i) of clause (b) of section 30;

(xvii)the time within which an application shall be registered under sub-section (1) of section 33;

(xviii)the fee payable and the time within which such fee is payable under sub section (2) of section 33;

(xix)the manner of publication of the registration and the form of certificate of registration under sub-section (4) of section 33;

(xx)the manner of giving notice under sub-section (5) of section 33;

(xxi)the manner of informing the proprietor of a registered trade mark of the date of expiry within which the registration may be renewed under sub-section (2) of section 35;

(xxii)the further period in which additional renewal fee shall be paid under sub section (3) of section 35:

(xxiii)the manner and conditions for restoration of the registration which has been removed from the Register under sub-section (6) of section 35;

(xxiv)the matter related to the publication of alteration and the making of objections by any person claiming to be affected by it under sub-section (3) of section 37;

(xxv)the matters related to manner and effect of a surrender, and for protecting the interests of other persons having a right in the registered trade mark under sub section (2) of section 38;

(xxvi)the time period within which the applicant, by notice in writing to the 1 [Director General, IPR (Enforcement), Director, IPR (Enforcement) or Collector of Customs or any competent authority under the Custom Act, 1969 (IV of 1969)], consents to the release of the goods under clause (a) of sub section (2) of section 59;

(xxvii)the particulars of the transaction which are to be entered in the Register under sub-sections (1) and (3) of section 70;

(xxviii)the matters specified in sub-sections (4) and (5) of section 70;

(xxix)the manner of making application and the fee payable for such application under sub-section (4) of section 72;

(xxx)the classes of goods under section 93;

(xxxi)the conditions and restrictions subject to which registration of letters or numerals, or any combination thereof in respect of textile goods may be allowed under sub-section (2) of section 94;

(xxxii)the manner of constituting one or more Advisory Committees under sub section (1) of section 95, and matters related to the place of meeting and conduct of business of such Committees under sub-section (3) of that section;

(xxxiii)the manner of making an application under sub-section (4) of section 96;

(xxxiv)the matters relating to the empowering the Registrar to do such things as he considers necessary to implement any amended or substituted classification of goods or services for the purposes of the registration of trade marks under sub section (1) of section 97;

(xxxv)the time within which a proposal for amendment could be made under clause

(a)of sub-section (4) of section 97;

(xxxvi)the manner of opposition under sub-section (5) of section 97;

(xxxvii)the manner of notification of the forms and any directions of the Registrar with respect to their use under sub-section (2) of section 108; 1 Subs. by Act No. LVIII of 2023, s. 49. (xxxviii) the restrictions imposed, manner of making application and fee payable under sub-section (1) of section 109;

(xxxix)the cases and extent to which application for registration of a trade mark, documents or information constituting or relating to the application may be published by the Registrar or communicated by him to any person under sub section (3) of section 109;

(xl)the matters related to empowering the Registrar for the purposes of sub section (1) of section 110;

(xli)the matters related to empowering the Registrar to require a party to proceedings before him to give security for costs, in relation to those proceedings or to proceedings on appeal, and as to the consequences if security is not given under sub-section (3) of section 110;

(xlii)the period within which an appeal from any decision of the Registrar under this Ordinance or rules made thereunder may lie to the High Court or 1[* * *] having jurisdiction under sub-section (1) of section 114;

(xliii)the manner of giving notice under sub-section (2) of section 114;

(xliv)the conditions under which documents listed in sub-section (1) of section 121 may be open to public inspection under the said sub-section;

(xlv)the fee payable for obtaining a certified copy under sub-section (2) of section 121;

(xlvi)the manner of making an application and the fee payable therefor under sub section (1) of section 123;

(xlvii)the conditions under which any act other than the making of an affidavit may be done by duly authorized agent under sub-section (1) of section 127;

(xlviii)the matters related to qualifications, registration and conduct of trade mark agents under sub-section (2) of section 127;

(xlix)the fees payable for making applications, registrations and other matters under sub-section (1) of section 128;

(l)the matters related to the payment of a single fee in respect of two or more matters and the circumstance, if any, in which a fee may be repaid or remitted under sub-section (2) of section 128;

(li)the making of further requirements with which the regulations may have to comply under sub-para (2) of para 5 of the First Schedule; 1 Omitted by Act No. LVIII of 2023, s. 49.

(lii)the making of further requirements with which the regulations may have to comply under sub-para (2) of para 6 of the Second Schedule;

(liii)the procedure for identification and classification of computer related services associated with Internet under sub-para (3) of para 2 of the Third Schedule;

(liv)the making of procedure for putting entries under sub-para (2) of para 2, and sub-para(2) of para 9 of the Fourth Schedule;

(lv)the manner of making application and the fee payable for such application under sub-para (2) of para 11 of the Fourth Schedule;

(lvi)the entry of additional information in the Register;

(lvii)the regulation of awarding of costs by the Registrar under this Ordinance;

(lviii)the matters related to establishment of branches of the Trade Marks Registry;

(lix)the manner in which, in proceedings under this Ordinance before the Registrar or the 1[Organization], application shall be made, notices given and matters advertised;

(lx)the matters related to times or periods required by this Ordinance to be advertised;

(lxi)and matters generally related to business of the Trade Marks Registry or its branches and for regulating all things by this Ordinance placed under the discretion of the Registrar or the 1[Organization]; and

(lxii)any other matter which is required to be, or may be prescribed.