What is the rule 47 of trademark rules?

Asked by: Valentine Bashirian DVM  |  Last update: February 12, 2026
Score: 4.8/5 (53 votes)

Rule 47 of the Indian Trade Marks Rules, 2017 governs the opponent's evidence in reply during a trademark opposition, allowing them to file affidavits within one month of receiving the applicant's evidence to rebut claims and present additional proof, though it's optional. If no reply evidence is filed or a waiver is not submitted, the opposition can be deemed abandoned.

What is Section 47 of the Trademarks Act?

What is Section 47 of Trademark Act? Section 47 of Trademark Act is called "Removal from register and imposition of limitations on ground of non-use". It lets the Registrar or High Court (after the Intellectual Property Appellate Board (IPAB)ended in 2021) remove a trademark or limit its scope if it's not used.

What is the difference between Section 47 and 57 of the Trademark Act?

What is the difference between Section 47 and 57 of the Trademark Act? Section 47 allows removal of a trademark for non-use over five years, while Section 57 enables broader rectification for errors, contraventions, or invalid registration grounds.

What is the rule 46 of the trademark rules?

Evidence in Support of Trade Mark Application – Rule 46

The Applicant should then proceed to forward copies of the evidence to the Opponent. However, if the Applicant fails to file evidence, the trademark application will be deemed as abandoned.

What are the three requirements for trademarks?

A good trademark needs to be distinctive (unique, not generic/descriptive), non-functional (not a necessary part of the product), and must be genuinely used in commerce to sell or advertise goods/services, preventing customer confusion and establishing brand identity. These core legal requirements ensure the mark serves its purpose as a source identifier for consumers.
 

How Trademark Act Rule 47 Is Changing Everything

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What are common trademark mistakes?

Common trademarking mistakes include, but are not limited to: Poor choice of brand name. Your business name should resonate with your target customer and express what you do using a strong, memorable image or word. Failing to perform a complete search of trademark databases.

What names cannot be trademarked?

You can't trademark names that are generic (like "Coffee" for coffee), merely descriptive (like "Fast Shipping" for delivery), misleading, or that use official government symbols or names; surnames are difficult unless widely recognized, and offensive terms are generally prohibited, all to keep common language and essential product descriptors open for public use.
 

What are the 7 types of trademarks?

There isn't one definitive list of exactly seven types, but common categories focus on the nature of the mark (Word, Logo/Device, Shape, Color, Sound, Scent, Motion/Pattern) and the strength/function (Fanciful, Arbitrary, Suggestive, Descriptive, Generic, Service, Certification, Collective). Key types include Word Marks, Device Marks, Service Marks, Certification Marks, Sound Marks, Shape Marks, and Color Marks, often grouped under broader categories like "Unconventional" or "Non-Traditional" trademarks.
 

What is stronger, TM or R?

Legal Protection: The ® symbol provides stronger legal protection than ™. It gives you the right to sue for trademark infringement if someone else tries to use your registered trademark without permission.

What is the rule 45 of the Trademark Act?

Detailed Analysis of Rule 45(2) – Key Insights for Trademark Oppositions. Rule 45(2) is pivotal in the trademark opposition process challenging the trademark registration. According to this rule, evidence supporting an opposition must be submitted within two months from the receipt of the applicant's counterstatement.

What is a Section 71 affidavit for trademark?

The Section 71 Declaration of Use requires the following: A verified statement that your trademark is in use in commerce in connection with the products/services recited in the registered extension of protection. Please note that use of your trademark solely in a foreign country does not constitute use in commerce.

How to avoid trademark violations?

How to Avoid Accidental Trademark Infringement

  1. Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked. ...
  2. Enlist help. ...
  3. Consider general liability insurance. ...
  4. Register your trademark. ...
  5. Document your findings.

What is the rule 37 of trade mark rules?

Further, Rule 37 of Trade Marks Rules, 2017 states that an applicant for registration of a trademark may, whether before or after acceptance of his application but before the registration of the trademark, apply in Form TM-M accompanied by the prescribed fee for the correction of any error in or in connection with his ...

What is section 47 A?

Section 47-A (1) of the Act provides that if the Registering Officer, appointed under the Registration Act, 1908 while registering any instrument relating to the transfer of any property, has reason to believe that the market value of the property or the consideration, as the case may be, has not been truly set forth ...

How to sue for trademark infringement?

To support a trademark infringement claim in court, a plaintiff must prove that it owns a valid mark, that it has priority (its rights in the mark(s) are "senior" to the defendant's), and that the defendant's mark is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or ...

What is Rule 47 of the patent Act 1977?

47 Cancellation of entry made under s. 46. U.K. (1)At any time after an entry has been made under section 46 above in respect of a patent, the proprietor of the patent may apply to the comptroller for cancellation of the entry.

Can I trademark a name myself?

Unlike surnames, personal names (first names and first names used with last names) can act as trademarks without proof of secondary meaning because they are considered to be inherently distinctive.

Can I use brand registry without a trademark?

To enroll a brand in Brand Registry, your brand must have an active registered trademark or a pending trademark registration.

Can I put TM on my logo without registering?

If you want to claim a mark as your own before it has been officially registered, you can use the trademark symbol if you sell goods, ™, or the service mark symbol if you sell services, SM. You can use these even if you have not filed an application to register your mark.

What is the most valuable trademark?

  1. Google. In the first place, we've got Google, with its extensive portfolio of trademarks that are integral to its core services and products. ...
  2. Amazon. ...
  3. Microsoft. ...
  4. Visa. ...
  5. Alibaba. ...
  6. Tencent. ...
  7. 7. Facebook.

How long does a trademark last?

Trademarks do not have expiration dates.

A federal trademark lasts 10 years from the date of registration, with a potentially unlimited number of 10-year renewal terms. So, every 10 years, the owner of a federal trademark registration must renew it with the U.S. Patent and Trademark Office (USPTO).

What is a class 9 trademark?

What Is a Class 9 Trademark? Class 9 trademarks are for scientific or technological goods. According to WIPO, these goods may include physical apparatus and instruments, but also software, data, and other things that exist purely in the digital world.

What are some surprisingly illegal names?

Examples of banned baby names in different countries

  • King, Queen, Prince, Princess (New Zealand, US)
  • Adolf Hitler (Germany, US)
  • Messiah (US)
  • Nutella (US)
  • @, 1069 (US)
  • Sex Fruit (New Zealand)
  • Robocop (Mexico)
  • Metallica (Sweden)

What word did Kim Kardashian try to trademark?

Kim Kardashian is again brewing up a social media storm – this time over her application to trade mark the word “Kimono” for her new range of shapewear.

What are common trademark mistakes to avoid?

Here are some of the most common trademark mistakes—and how to avoid them.

  • Failing to Conduct a Proper Search. ...
  • Choosing a Weak or Descriptive Mark. ...
  • Relying Only on Common Law Rights. ...
  • Failing to Enforce Trademark Rights. ...
  • Ignoring Maintenance Deadlines.