In these rules, unless the context otherwise requires,-
(a) “Act” means the Trade Marks Act, 1999 ( 47 of 1999 );
(b) “address for service” means the address furnished by an applicant or appellant or respondent or his authorised agent or his legal practitioner at which service of summons, notices or other processes may be effected;
(c ) “agent” means a person duly authorised by an applicant or appellant or respondent to present application, appeal, counter statement, reply, rejoinder, evidence or any other document on his behalf before the Appellate Board and shall include an agent referred to in section 145;
(d) “appeal” means an appeal under section 91 of the Trade Marks Act,1999 and includes Original Appeal (O.A.) and Transferred Appeal (T.A.);
(e) “appellant” means a person making an appeal to the Appellate Board under section 91;
(f) “application” means an application for removal of registered trade mark from the register under section 47 or rectifying the register under section 57 or section 125;
(g) “Deputy Registrar” means the Deputy Registrar of the Appellate Board and includes any officer to whom the powers and functions of the Deputy Registrar may be delegated;
(h) “fee” means the fee prescribed under the Second Schedule of these rules;
(i) “form” means a form specified under the First Schedule to these rules;
* 5.12.2003, see G.S.R. 929(E), Gazette of India, Extraordinary, Part II, 3 (i)
(j) “legal practitioner” shall have the same meaning as is assigned to it in the Advocates Act, 1961 ( 25 of 1961 );
(k) “legal representative” means a person who in law represents the estate of the deceased person ;
(l) “pleadings” includes applications or appeals, counter statements, rejoinders, replies and evidences supplementing them and other documents permitted to be filed before the Appellate Board ;
(m) “Registry” means the Registry of the Appellate Board;
(n) “section” means a section of the Act;
(o) “transferred application or appeal” means an application or an appeal or other proceedings which has been transferred to the Appellate Board under section 100;
(p) words and expressions used and not defined in these rules but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Form of procedure of application or appeal
(1) An application shall be filed in the Form 1 annexed to the Trade Marks ( Applications and appeals to the Intellectual Property Appellate Board ) Rules, 2003 by an aggrieved person in the Registry of the Appellate Board;
(2) An appeal from any order or decision of the Registrar of Trade Marks shall be filed in the Forms 2,3 or 4 of the Trade Marks ( Applications and appeals to the Intellectual Property Appellate Board ) Rules, 2003;
(3) An application or appeal sent by post shall be deemed to have been presented before the Registry on the day it was received in the Registry.