Registrar Powers And Function 433b1c

Registrar of Trade Mark appointment powers and functions: INTRODUCTION: Registrar of Trade mark is officer in charge of the trade marks registry having the superintendence and direction of the registry with very vast functions and powers under different sections of the trade Mark ordinance 2001.

APPOINTMENT OF REGISTRAR AND OTHER OFFICERS: Under sub-section 1 of section 7 of the ordinance the federal government may appoint an officer who shall be the registrar of Trade Marks by the notification in the official gazette, under subsection 2 the federal government may also appoint such other officers with sub designation as it deems fit for performing under the superintendence and direction of the registrar, such functions of the registrar, as he may, from time to time, authorize them to discharge.

TRADE MARKS REGISTRY AND ITS BRANCHES: Under section 9 of the ordinance a Trade Marks registry is established at Karachi by the federal government with its branch offices at other important cities in the country. According to sub-section, trademarks registry possesses s seal which is affixed on documents to authenticate them, it has evidential value and judicially noticed. According to section 120 of the ordinance every person appointed under the Trade Marks ordinance, 2001.shall be deemed to be a public servant within the meaning of section 21 of the Pakistan penal code, 1862.

POWERS AND FUNCTIONS OF REGISTRAR OF TRADE MARKS: The registrar of Trade Marks enjoys very vast powers under different sections of the Trade Marks ordinance, 2001. The important powers and functions of the registrar under different sections are as under.

1) Responsibility: he is responsible for the superintendence and direction of the trade marks registry under sub-section 2 of section 7.

2) Review: under section 8 he may review, any function, matter, case or decision of any officer, or withdraw any function, matter or case from any officer or staff: and deal with such functions, matter or case himself either de novo or stage from which ir was so withdrawn; or transfer the same to another officer or staff at any stage.

3) Determination: to determine the class of goods or services under section 12(2).

4) Publication: publish alphabetical index of classification of goods and services under section 13(1).

5) Refusal: refuse to it an application if it does not contain all the particulars under section 22(4).

6) Examination: examine the application and make a search of earlier trademarks under section 27.

7) Apposition: publish the application for opposition under section 28. 8) Issuance of certificate: a trade mark under section 33(1); publish the registration and issue a certificate under sub section 4; and abandon the application under sub section 5; if registration is not completed under 12 months.

9) Informing the proprietor: inform the proprietor about the expiry and manner of renewal of registration under section 35(2); restore the registration under sub-section 6.

10) Alteration: aloe alteration of registration under section 37(2). 11) To as an object: to a Trade Mark as an object of the property under section 71.

12)Revocation: refer an application of revocation under to the High Court or District court under section 73.

13)To refer the application:

to refer the application for grounds of invalidity of

registration to the High court or District court under section 80.

14) Inspection: keep and make available for public inspection by any person a list of state emblems, official marks, hallmark, abbreviations and names of international organizations under section 89.

15)Changes and ratification: make changes, ratification and correction of errors or omission under section 96.

16) Shoe cause: ask for shoe cause under section 102 for falsely representing a trade mark as ed.

17)File a suit; the registrar can file a suit for restrain of use of Government arm and state emblems under section 103.

18)Provide information: to provide information about applications and ed trade marks under section 109.

19)Impose fine etc: to award costs to the aggrieved party, take security for costs, impose fine and determine the mode of costs or fines under section 110.

20) Power of civil court: the registrar have the powers of civil court for receiving evidence, istrating oaths, enforcing the attendance of witnesses, compelling the discovery of any production of documents, issue commission for examinations of witnesses and grant a certificate, take evidence orally or by affidavit under section 111 by giving an opportunity of hearing;

21)Statement in writing: to submit a statement in writing signed by him instead of appearing before high court.

22)Issue certified copies: issue certified copies of any entry in the ed or any document under section 121.

23)Extend time for submitting an application: registrar may extend time on an application under section 123 and can not be compelled for production of under section 124.

CONCLUSION: Thus we conclude from the above discussion that the registrar is the officer in charge of the registry office and having the powers and functions regarding registration of Trade Marks which has been vested to, by the ordinance, And the complete procedure of appointment of Registrar.