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Trade Marks Act, 1999
Trade Marks Act, 1999
165 sections published.
1
Short title, extent and commencement
2
Definitions and interpretation
3
Appointment of Registrar and other officers
4
Power of Registrar to withdraw or transfer cases, etc
5
Trade Marks Registry and offices thereof
6
The Register of Trade Marks
7
Classification of goods and services
8
Publication of alphabetical index
9
Absolute grounds for refusal of registration
10
Limitation as to colour
11
Relative grounds for refusal of registration
12
Registration in the case of honest concurrent use, etc
13
Prohibition of registration of names of chemical elements or international non-proprietary names
14
Use of names and representations of living persons or persons recently dead
15
Registration of parts of trade marks and of trade marks as a series
16
Registration of trade marks as associated trade marks
17
Effect of registration of parts of a mark
18
Application for registration
19
Withdrawal of acceptance
20
Advertisement of application
21
Opposition to registration
22
Correction and amendment
23
Registration
24
Jointly owned trade marks
25
Duration, renewal, removal and restoration of registration
26
Effect of removal from register for failure to pay fee for renewal
27
No action for infringement of unregistered trade mark
28
Rights conferred by registration
29
Infringement of registered trade marks
30
Limits on effect of registered trade mark
31
Registration to be prima facie evidence of validity
32
Protection of registration on ground of distinctiveness in certain cases
33
Effect of acquiescence
34
Saving for vested rights
35
Saving for use of name, address or description of goods or services
36
Saving for words used as name or description of an article or substance or service
36A
Application of Act in case of international registration under Madrid Protocol
36B
Definitions
36C
Trade Marks Registry to deal with international applications
36D
International application originating from India
36E
International registrations where India has been designated
36F
Effects of international registration
36G
Duration and renewal of international registration
37
Power of registered proprietor to assign and give receipts
38
Assignability and transmissibility of registered trade marks
39
Assignability and transmissibility of unregistered trade marks
40
Restriction on assignment or transmission where multiple exclusive rights would be created
41
Restriction on assignment or transmission when exclusive rights would be created in different parts of India
42
Conditions for assignment otherwise than in connection with the goodwill of a business
43
Assignability and transmissibility of certification trade marks
44
Assignability and transmissibility of associated trade marks
46
Proposed use of trade mark by company to be formed, etc
47
Removal from register and imposition of limitations on ground of non-use
48
Registered users
49
Registration as registered user
50
Power of Registrar for variation or cancellation of registration as registered user
51
Power of Registrar to call for information relating to agreement in respect of registered users
52
Right of registered user to take proceedings against infringement
53
No right of permitted user to take proceeding against infringement
54
Registered user not to have right of assignment or transmission
55
Use of one of associated or substantially identical trade marks equivalent to use of another
56
Use of trade mark for export trade and use when form of trade connection changes
57
Power to cancel or vary registration and to rectify the register
58
Correction of register
59
Alteration of registered trade marks
60
Adaptation of entries in register to amended or substituted classification of goods or services
61
Special provisions for collective marks
62
Collective mark not to be misleading as to character or significance
63
Application to be accompanied by regulations governing use of collective marks
64
Acceptance of application and regulations by Registrar
65
Regulations to be open to inspection
66
Amendment of regulations
67
Infringement proceedings by registered proprietor of collective mark
68
Additional grounds for removal of registration of collective mark
69
Certain provisions of this Act not applicable to certification trade marks
70
Registration of certification trade marks
71
Applications for registration of certification trade marks
72
Consideration of application for registration by the Registrar
73
Opposition to registration of certification trade marks
74
Filing of regulations governing use of a certification trade mark
75
Infringement of certification trade marks
76
Acts not constituting infringement of certification trade marks
77
Cancellation or varying of registration of certification trade marks
78
Rights conferred by registration of certification trade marks
79
Textile goods
80
Restriction on registration of textile goods
81
Stamping of piece goods, cotton yarn and thread
82
Determination of character of textile goods by sampling
83
Establishment of Appellate Board
84
Composition of Appellate Board
85
Qualifications for appointment as Chairman, Vice-Chairman, or other Members
86
Term of office of Chairman, Vice-Chairman and other Members
87
Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
88
Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
89
Resignation and removal
90
Staff of Appellate Board
91
Appeals to Appellate Board
92
Procedure and powers of Appellate Board
93
Bar of jurisdiction of courts, etc
94
Bar to appear before Appellate Board
95
Conditions as to making of interim orders
96
Power of Chairman to transfer cases from one Bench to another
97
Procedure for application for rectification, etc., before Appellate Board
98
Appearance of Registrar in legal proceedings
99
Costs of Registrar in proceedings before Appellate Board
100
Transfer of pending proceedings to Appellate Board
101
Meaning of applying trade marks and trade descriptions
102
Falsifying and falsely applying trade marks
103
Penalty for applying false trade marks, trade descriptions, etc
104
Penalty for selling goods or providing services to which false trade mark or false trade description is applied
105
Enhanced penalty on second or subsequent conviction
106
Penalty for removing piece goods, etc., contrary to section 81
107
Penalty for falsely representing a trade mark as registered
108
Penalty for improperly describing a place of business as connected with the Trade Marks Office
109
Penalty for falsification of entries in the register
110
No offence in certain cases
111
Forfeiture of goods
112
Exemption of certain persons employed in ordinary course of business
113
Procedure where invalidity of registration is pleaded by the accused
114
Offences by companies
115
Cognizance of certain offences and the powers of police officer for search and seizure
116
Evidence of origin of goods imported by sea
117
Costs of defence or prosecution
118
Limitation of prosecution
119
Information as to commission of offence
120
Punishment of abetment in India of acts done out of India
121
Instructions of Central Government as to permissible variation to be observed by criminal courts
122
Protection of action taken in good faith
123
Certain persons to be public servants
124
Stay of proceedings where the validity of registration of the trade mark is questioned, etc
125
Application for rectification of register to be made to Appellate Board in certain cases
126
Implied warranty on sale of marked goods
127
Powers of Registrar
128
Exercise of discretionary power by Registrar
129
Evidence before Registrar
130
Death of party to a proceeding
131
Extension of time
132
Abandonment
133
Preliminary advice by the Registrar as to distinctiveness
134
Suit for infringement, etc., to be instituted before District Court
135
Relief in suits for infringement or for passing off
136
Registered user to be impleaded in certain proceedings
137
Evidence of entries in register, etc., and things done by the Registrar
138
Registrar and other officers not compellable to produce register, etc
139
Power to require goods to show indication of origin
140
Power to require information of imported goods bearing false trade marks
141
Certificate of validity
142
Groundless threats of legal proceedings
143
Address for service
144
Trade usages, etc., to be taken into consideration
145
Agents
146
Marks registered by an agent or representative without authority
147
Indexes
148
Documents open to public inspection
149
Reports of Registrar to be placed before Parliament
150
Fees and surcharge
151
Savings in respect of certain matters in Chapter XII
152
Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
153
Government to be bound
154
Special provisions relating to applications for registration from citizens of convention countries
155
Provision as to reciprocity
156
Power of Central Government to remove difficulties
157
Power to make rules
158
Amendments
159
Repeal and savings
