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Section 85 of Trade Marks Act 1999: Qualifications for Appointment ...

Section 85 (Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members) under Chapter XI (Appellate Board) of Trade Marks Act 1999 ⦂‒

❝(1) A person shall not be qualified for appointment as the Chairperson unless he—
  (a) is, or has been, a Judge of a High Court; or
  (b) has, for at least two years, held the office of a Vice-Chairperson.

(2) A person shall not be qualified for appointment as the Vice-Chairperson, unless he—
  (a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or
  (b) has been a Member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years.

(3) A person shall not be qualified for appointment as a Judicial Member, unless he—
  (a) has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years; or
  (b) has, for at least ten years, held a civil judicial office.

(4) A person shall not be qualified for appointment as a Technical Member, unless he—
  (a) has, for at least ten years, exercised functions of a tribunal under this Act or under the Trade and Merchandise Marks Act, 1958 (43 of 1958), or both, and has held a post not lower than the post of a Joint Registrar for at least five years; or
  (b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law.

(5) Subject to the provisions of sub-section (6), the Chairperson, Vice-Chairman and every other Member shall be appointed by the President of India.

(6) No appointment of a person as the Chairperson shall be made except after consultation with the Chief Justice of India.❞




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Notes:

For the word "Chairman" or "Vice-Chairman", wherever it occurs, the word "Chairperson" or "Vice-Chairperson" were substituted by the Finance Act, 2017 (No. 7 of 2017), s.161, (w.e.f. 26-May-2017).

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