Section 85 Trademark Act, Sec 85 of Trademark Act
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85. Qualifications for appointment as 2 [Chairperson], 3 [Vice-Chairperson], or other Members.—(1) A person shall not be qualified for appointment as the 2 [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 3 [Vice-Chairperson].
(2) A person shall not be qualified for appointment as the 3 [Vice-Chairperson], unless he—
(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; o
(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 1 [Chairperson], 2 [Vice-Chairperson] and every other Member shall be appointed by the President of India.
(6) No appointment of a person as the 1 [Chairperson] shall be made except after consultation with the Chief Justice of India.
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