{ "id": 13292, "slug": "trade-marks-act-1999", "title": "The Trade Marks Act, 1999", "short_title": "The Trade Marks Act, 1999", "act_number": "(47 OF 1999)", "act_year": 1999, "act_type": "CENTRAL", "location": "India (Central)", "law_status": "unknown", "enactment_date": "1999-12-30", "description": "The Trade Marks Act, 1999", "preamble": "", "section_label": "Section", "sections": [ { "number": "1", "title": "CHAPTER I", "chapter": "CHAPTER I", "content": "Preliminary\nFACT SHEET ▼", "footnote": "", "is_definition": false, "sort_order": 0 }, { "number": "1", "title": "1. Short title, extent and commencement.-", "chapter": null, "content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(a) providing for registration of trade mark for services, in addition to goods;\n(b) registration of trade marks, which are imitation of well known trade marks, not to be permitted, besides enlarging the grounds for refusal of registration mentioned in clauses 9 and 11. Consequently, the provisions for defensive registration of trade marks are proposed to be omitted;\n(c) amplification of factors to be considered for defining a well-known mark;\n(d) doing away with the system of maintaining registration of trade marks in Part A and Part B with different legal rights, and to provide only , single register with simplified procedure for registration and with equal rights;\n(e) simplifying the procedure for registration of registered user and enlarging the scope of permitted use;\n(f) providing enhanced punishment for the offences relating to trade marks on par with the present Copyright Act, 1957, to prevent the sale of spurious goods;\n(g) providing an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High Courts;\n(h) transferring the final authority relating to registration of certification trade marks to the Registrar instead of the Central Government;\n(i) providing enhanced punishment for the offences relating to trade marks on par with the present Copyright Act, 1957, to prevent the sale of spurious goods;\n(j) prohibiting use of someone else's trade marks as part of corporate names, or name of business concern;\n(k) extension of application of convention country to include countries which are members of Group or union of countries and Inter-Governmental Organisations;\n(l) incorporating other provisions, like amending the definition of \"trade marks\", provisions for filing a single application for registration in more than one class, increasing the period of registration and renewal from 7 to 10 years; making trade mark offences cognizable, enlarging the jurisdiction of Courts to bring the law in this respect on par with the copyright law, amplifying the powers of the Court to grant ex parte injunction in certain cases and other related amendments to simplify and streamline the trade mark law and procedure.", "footnote": "", "is_definition": false, "sort_order": 1 }, { "number": "2", "title": "2. Definitions and interpretation.-", "chapter": null, "content": "(a) \"Appellate Board\" means the Appellate Board established under section 83;\n(b) \"assignment\" means an assignment in writing by act of the parties concerned;\n(c) \"associated trade marks\" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;\n(d) \"Bench\" means a Bench of the Appellate Board;\n(e) \"certification trade mark\" means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;\n(f) \"Chairman\" means the Chairman of the Appellate Board;\n(g) \"collective mark\" means a trade mark distinguishing the goods or services of members of an association of persons not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;\n(h) \"deceptively similar\",-A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;\n(i) \"false trade description\" means-\n(I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or\n(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or\n(III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or\n(IV) any marks or arrangement or combination thereof when applied-\n(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;\n(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person, whose services they really are; or\n(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials-\n(a) is or are not a trade mark or part of a trade mark; and\n(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and\n(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;\n(j) \"goods\" means anything which is the subject of trade or manufacture;\n(k) \"Judicial Member\" means a Member of the Appellate Board appointed as such under this Act, and includes the Chairman and the Vice-Chairman;\n(l) \"limitations\" (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;\n(m) \"mark\" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;\n(n) \"Member\" means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairman and the Vice-Chairman;\n(o) \"name\" includes any abbreviation of a name;\n(p) \"notify\" means to notify in the Trade Mark Journal published by the Registrar;\n(q) \"package\" includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;\n(r) \"permitted use\", in relation to a registered trade mark, means the use of trade mark-\n(i) by a registered user of the trade mark in relation to goods or services-\n(a) with which he is connected in the course of trade; and\n(b) in respect of which the trade mark remains registered for the time being; and\n(c) for which he is registered as registered user; and\n(d) which complies with any conditions or limitations to which the registration of registered user is subject; or\n(ii) by a person other than the registered proprietor and registered user in relation to goods or services-\n(a) with which he is connected in the course of trade; and\n(b) in respect of which the trade mark remains registered for the time being; and\n(c) by consent of such registered proprietor in a written agreement; and\n(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;\n(s) \"prescribed\" means prescribed by rules made under this Act;\n(t) \"register\" means the Register of Trade Marks referred to in sub-section (1) of section 6;\n(u) \"registered\" (with its grammatical variations) means registered under this Act;\n(v) \"registered proprietor\", in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;\n(w) \"registered trade mark\" means a trade mark which is actually on the register and remaining in force;\n(x) \"registered user\" means a person who is for the time being registered as such under section 49;\n(y) \"Registrar\" means the Registrar of Trade Marks referred to in section 3;\n(z) \"service\" means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;\n(za) \"trade description\" means any description, statement or other indication, direct or indirect,-\n(i) as to the number, quantity, measure, gauge or weight of any goods; or\n(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or\n(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being \"drug\" as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or \"food\" as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954); or\n(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or\n(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or\n(vi) as to the mode of manufacture or producing any goods or providing services; or\n(vii) as to the material of which any goods are composed; or\n(viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes,-\n(a) any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;\n(b) the description as to any imported goods contained in any bill of entry or shipping bill;\n(c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;\n(zb) \"trade mark\" means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and-\n(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and\n(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;\n(zc) \"transmission\" means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;\n(zd) \"Technical Member\" means a Member who is not a Judicial Member;\n(ze) \"tribunal\" means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending;\n(zf) \"Vice-Chairman\" means a Vice-Chairman of the Appellate Board;\n(zg) \"well-known trade mark\", in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.\n(a) to \"trade mark\" shall include reference to \"collective mark\" or \"certification trade mark\";\n(b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark;\n(c) to the use of a mark,-\n(i) in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;\n(ii) in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;\n(d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;\n(e) to the Trade Marks Registry shall be construed as including a reference to any office of the Trade Marks Registry.", "footnote": "", "is_definition": true, "sort_order": 2 }, { "number": "4", "title": "CHAPTER II", "chapter": "CHAPTER II", "content": "The Register And Conditions For Registration", "footnote": "", "is_definition": false, "sort_order": 3 }, { "number": "3", "title": "3. Appointment of Registrar and other officers.-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 4 }, { "number": "4", "title": "4. Power of Registrar to withdraw or transfer cases, etc .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 5 }, { "number": "5", "title": "5. Trade Marks Registry and offices thereof .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 6 }, { "number": "6", "title": "6. The Register of Trade Marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 7 }, { "number": "7", "title": "7. Classification of goods and services .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 8 }, { "number": "8", "title": "8. Publication of alphabetical index .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 9 }, { "number": "9", "title": "9. Absolute grounds for refusal of registration .-", "chapter": null, "content": "(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;\n(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;\n(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered:\n(a) it is of such nature as to deceive the public or cause confusion;\n(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;\n(c) it comprises or contains scandalous or obscene matter;\n(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).\n(a) the shape of goods which results from the nature of the goods themselves; or\n(b) the shape of goods which is necessary to obtain a technical result; or\n(c) the shape which gives substantial value to the goods.", "footnote": "", "is_definition": false, "sort_order": 10 }, { "number": "10", "title": "10. Limitation as to colour .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 11 }, { "number": "11", "title": "11. Relative grounds for refusal of registration .-", "chapter": null, "content": "(a) its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or\n(b) its similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.\n(a) is identical with or similar to an earlier trade mark; and\n(b) is to be registered for goods or services which are not similar to those for which the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.\n(a) by virtue of any law in particular the law of passing off protecting an unregistered trade mark used in the course of trade; or\n(b) by virtue of law of copyright.\n[(a) a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks.]\nOLD LAW ▼\n(b) a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the application, was entitled to protection as a well-known trade mark.\n(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;\n(ii) the duration, extent and geographical area of any use of that trade mark;\n(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;\n(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark;\n(v) the record of successful enforcement of the rights in that trade mark, in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any Court or Registrar under that record.\n(i) the number of actual or potential consumers of the goods or services;\n(ii) the number of persons involved in the channels of distribution of the goods or services;\n(iii) the business circles dealing with the goods or services, to which that trade mark applies.\n(i) that the trade mark has been used in India;\n(ii) that the trade mark has been registered;\n(iii) that the application for registration of the trade mark has been filed in India;\n(iv) that the trade mark-\n(a) is well-known in; or\n(b) has been registered in; or\n(c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or\n(v) that the trade mark is well-known to the public at large in India.\n(i) protect a well-known trade mark against the identical or similar trade marks;\n(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.", "footnote": "", "is_definition": false, "sort_order": 12 }, { "number": "12", "title": "12. Registration in the case of honest concurrent use, etc .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 13 }, { "number": "13", "title": "13. Prohibition of registration of names of chemical elements or international non-proprietary names .-", "chapter": null, "content": "(a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or\n(b) which is declared by the World Health Organisation and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.", "footnote": "", "is_definition": false, "sort_order": 14 }, { "number": "14", "title": "14. Use of names and representations of living persons or persons recently dead .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 15 }, { "number": "15", "title": "15. Registration of parts of trade marks and of trade marks as a series .-", "chapter": null, "content": "(a) statement of the goods or services in relation to which they are respectively used or proposed to be used; or\n(b) statement of number, price, quality or names of places; or\n(c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or\n(d) colour, seeks to register those trade marks, they may be registered as a series in one registration.", "footnote": "", "is_definition": false, "sort_order": 16 }, { "number": "16", "title": "16. Registration of trade marks as associated trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 17 }, { "number": "17", "title": "17. Effect of registration of parts of a mark .-", "chapter": null, "content": "(a) contains any part-\n(i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or\n(ii) which is not separately registered by the proprietor as a trade mark; or\n(b) contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.", "footnote": "", "is_definition": false, "sort_order": 18 }, { "number": "20", "title": "CHAPTER III", "chapter": "CHAPTER III", "content": "Procedure For And Duration Of Registration", "footnote": "", "is_definition": false, "sort_order": 19 }, { "number": "18", "title": "18. Application for registration .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 20 }, { "number": "19", "title": "19. Withdrawal of acceptance .-", "chapter": null, "content": "(a) that the application has been accepted in error; or\n(b) that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.", "footnote": "", "is_definition": false, "sort_order": 21 }, { "number": "20", "title": "20. Advertisement of application .-", "chapter": null, "content": "(a) an application has been advertised before acceptance under sub-section (1); or\n(b) after advertisement of an application,-\n(i) an error in the application has been corrected; or\n(ii) the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.", "footnote": "", "is_definition": false, "sort_order": 22 }, { "number": "21", "title": "21. Opposition to registration .-", "chapter": null, "content": "OLD LAW ▼", "footnote": "", "is_definition": false, "sort_order": 23 }, { "number": "22", "title": "22. Correction and amendment .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 24 }, { "number": "23", "title": "23. Registration .-", "chapter": null, "content": "(a) the application has not been opposed and the time for notice of opposition has expired; or\n(b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark [within eighteen months of the filing of the application] and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration.", "footnote": "", "is_definition": false, "sort_order": 25 }, { "number": "24", "title": "24. Jointly owned trade marks .-", "chapter": null, "content": "(a) on behalf of both or all of them; or\n(b) in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.", "footnote": "", "is_definition": false, "sort_order": 26 }, { "number": "25", "title": "25. Duration, renewal, removal and restoration of registration .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 27 }, { "number": "26", "title": "26. Effect of removal from register for failure to pay fee for renewal .-", "chapter": null, "content": "(a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or\n(b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed.", "footnote": "", "is_definition": false, "sort_order": 28 }, { "number": "30", "title": "CHAPTER IV", "chapter": "CHAPTER IV", "content": "Effect Of Registration", "footnote": "", "is_definition": false, "sort_order": 29 }, { "number": "27", "title": "27. No action for infringement of unregistered trade mark .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 30 }, { "number": "28", "title": "28. Rights conferred by registration .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 31 }, { "number": "29", "title": "29. Infringement of registered trade marks .-", "chapter": null, "content": "(a) its identity with the registered trade mark and the similarity of the goods or services covered by such registered trade mark; or\n(b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or\n(c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.\n(a) is identical with or similar to the registered trade mark; and\n(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and\n(c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.\n(a) affixes it to goods or the packaging thereof;\n(b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;\n(c) imports or exports goods under the mark; or\n(d) uses the registered trade mark on business papers or in advertising.\n(a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or\n(b) is detrimental to its distinctive character; or\n(c) is against the reputation of the trade mark.", "footnote": "", "is_definition": false, "sort_order": 32 }, { "number": "30", "title": "30. Limits on effect of registered trade mark .-", "chapter": null, "content": "(a) is in accordance with honest practices in industrial or commercial matters, and\n(b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark.\n(a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographical origin, the time of production of goods or of rendering of services or other characteristics of goods or services;\n(b) a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, in any place, or in relation to goods to be exported to any market or in relation to services for use or available or acceptance in any place or country outside India or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend;\n(c) the use by a person of a trade mark-\n(i) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk or which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark; or\n(ii) in relation to services to which the proprietor of such mark or of a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark;\n(d) the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neither the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be;\n(e) the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act.\n(a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods; or\n(b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent.", "footnote": "", "is_definition": false, "sort_order": 33 }, { "number": "31", "title": "31. Registration to be prima facie evidence of validity .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 34 }, { "number": "32", "title": "32. Protection of registration on ground of distinctiveness in certain cases .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 35 }, { "number": "33", "title": "33. Effect of acquiescence .-", "chapter": null, "content": "(a) to apply for a declaration that the registration of the later trade mark is invalid, or\n(b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith.", "footnote": "", "is_definition": false, "sort_order": 36 }, { "number": "34", "title": "34. Saving for vested rights .-", "chapter": null, "content": "(a) to the use of the first-mentioned trade mark in relation to those goods or services be the proprietor or a predecessor in title of his; or\n(b) to the date of registration of the first-mentioned trade mark in respect of those goods or services in the name of the proprietor of a predecessor in title of his, whichever is the earlier, and the Registrar shall not refuse (on such use being proved) to register the second mentioned trade mark by reason only of the registration of the first-mentioned trade mark.", "footnote": "", "is_definition": false, "sort_order": 37 }, { "number": "35", "title": "35. Saving for use of name, address or description of goods or services.", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 38 }, { "number": "36", "title": "36. Saving for words used as name or description of an article or substance or service .-", "chapter": null, "content": "(a) that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) in relation to goods or services certified by the proprietor; or\n(b) that the article or substance was formerly manufactured under a patent that a period of two years or more after the cesser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply.\n(a) for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register;\n(b) for the purposes of any other legal proceedings relating to the trade mark,-\n(i) if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark; or\n(ii) if the trade mark contains such words and other matter, all such right of the proprietor to the use of such words, in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the date on which the use mentioned in clause (a) of the proviso to sub-section (1) first became well known and established or at the expiration of the period of two years mentioned in clause (b) of the said proviso.", "footnote": "", "is_definition": false, "sort_order": 39 }, { "number": "41", "title": "CHAPTER IVA", "chapter": "CHAPTER IVA", "content": "Special Provisions Relating To Protection Of Trade Marks Through International Registration Under The Madrid Protocol", "footnote": "", "is_definition": false, "sort_order": 40 }, { "number": "36A", "title": "36A. Application of Act in case of international registration under Madrid Protocol. -", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 41 }, { "number": "36B", "title": "36B. Definitions. -", "chapter": null, "content": "(a) \"application\", in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may be.\n(b) \"basic application\" means an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;\n(c) \"basic registration\" means the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;\n(d) \"Common Regulations\" means the Regulations concerning the implementation of the Madrid Protocol;\n(e) \"Contracting Organisation\" means a Contracting Party that is an intergovernmental organisation;\n(f) \"Contracting Party\" means a Contracting State or Contracting Organisation party to the Madrid Protocol;\n(g) \"Contracting State\" means a country party to the Madrid Protocol;\n(h) \"international application\" means an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;\n(i) \"International Bureau\" means the International Bureau of the World Intellectual Property Organisation;\n(j) \"international registration\" means the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;\n(k) \"Madrid Agreement\" means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;\n(l) \"Madrid Protocol\" means the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.", "footnote": "", "is_definition": true, "sort_order": 42 }, { "number": "36C", "title": "36C. Trade Marks Registry to deal with international applications. -", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 43 }, { "number": "36D", "title": "36D. International application originating from India. -", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 44 }, { "number": "36E", "title": "36E. International registrations where India has been designated. -", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 45 }, { "number": "36F", "title": "36F. Effects of international registration. -", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 46 }, { "number": "36G", "title": "36G. Duration and renewal of international registration.-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 47 }, { "number": "49", "title": "CHAPTER V", "chapter": "CHAPTER V", "content": "Assignment And Transmission", "footnote": "", "is_definition": false, "sort_order": 48 }, { "number": "37", "title": "37. Power of registered proprietor to assign and give receipts .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 49 }, { "number": "38", "title": "38. Assignability and transmissibility of registered trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 50 }, { "number": "39", "title": "39. Assignability and transmissibility of unregistered trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 51 }, { "number": "40", "title": "40. Restriction on assignment or transmission where multiple exclusive rights would be created .-", "chapter": null, "content": "(a) same goods or services;\n(b) same description of goods or services;\n(c) goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of identical trade mark, if having regard to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion:", "footnote": "", "is_definition": false, "sort_order": 52 }, { "number": "41", "title": "41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India .-", "chapter": null, "content": "(a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and\n(b) an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to-\n(i) the same goods or services; or\n(ii) the same description of goods or services; or\n(iii) services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in India:", "footnote": "", "is_definition": false, "sort_order": 53 }, { "number": "42", "title": "42. Conditions for assignment otherwise than in connection with the goodwill of a business .-", "chapter": null, "content": "(a) an assignment of a trade mark in respect only of some of the goods or services for which the trade mark is registered accompanied by the transfer of the goodwill of the business concerned in those goods or services only; or\n(b) an assignment of a trade mark which is used in relation to goods exported from India or in relation to services for use outside India if the assignment is accompanied by the transfer of the goodwill of the export business only.", "footnote": "", "is_definition": false, "sort_order": 54 }, { "number": "43", "title": "43. Assignability and transmissibility of certification trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 55 }, { "number": "44", "title": "44. Assignability and transmissibility or associated trade marks .-", "chapter": null, "content": "[45. Registration of assignments and transmissions.-\nOLD LAW ▼", "footnote": "", "is_definition": false, "sort_order": 56 }, { "number": "45", "title": "45. Registration of assignments and transmissions .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 57 }, { "number": "59", "title": "CHAPTER VI", "chapter": "CHAPTER VI", "content": "Use Of Trade Marks And Registered Users", "footnote": "", "is_definition": false, "sort_order": 58 }, { "number": "46", "title": "46. Proposed use of trade mark by company to be formed, etc.", "chapter": null, "content": "(a) a company is about to be formed and registered under the Companies Act, 1956 (1 of 1956) and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or\n(b) the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark.", "footnote": "", "is_definition": false, "sort_order": 59 }, { "number": "47", "title": "47. Removal from register and imposition of limitations on ground of non-use .-", "chapter": null, "content": "(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being upto a date three months before the date of the application; or\n(b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being:\n(i) goods or services of the same description; or\n(ii) goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered.\n(a) the circumstances referred to in clause (b) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; or in relation to services for use or available for acceptance in a particular place in India or for use in a particular market outside India; and\n(b) a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relation to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the Appellate Board or to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that registration shall cease to extend to such use.", "footnote": "", "is_definition": false, "sort_order": 60 }, { "number": "48", "title": "48. Registered users .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 61 }, { "number": "49", "title": "49. Registration as registered user .-", "chapter": null, "content": "(a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and\n(b) an affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf,-\n(i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made;\n(ii) stating the goods or services in respect of which registration is proposed;\n(iii) stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted user, or to any other matter;\n(iv) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and\n(c) such further documents or other evidence as may be required by the Registrar or as may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 62 }, { "number": "50", "title": "50. Power of Registrar for variation or cancellation of registration as registered user .-", "chapter": null, "content": "(a) may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registered proprietor of the trade mark;\n(b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark;\n(c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:-\n(i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion;\n(ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;\n(iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user;\n(iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;\n(d) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark is to be used is either not being enforced or is not being complied with;\n(e) may be cancelled by the Registrar in respect of any goods or services in relation to which the trade mark is no longer registered.", "footnote": "", "is_definition": false, "sort_order": 63 }, { "number": "51", "title": "51. Power of Registrar to call for information relating to agreement in respect of registered users .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 64 }, { "number": "52", "title": "52. Right of registered user to take proceedings against infringement .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 65 }, { "number": "53", "title": "53. No right of permitted user to take proceeding against infringement .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 66 }, { "number": "54", "title": "54. Registered user not to have right of assignment or transmission .-", "chapter": null, "content": "(a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm;\n(b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm.", "footnote": "", "is_definition": false, "sort_order": 67 }, { "number": "55", "title": "55. Use of one of associated or substantially identical trade marks equivalent to use of another .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 68 }, { "number": "56", "title": "56. Use of trade mark for export trade and use when form of trade connection changes .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 69 }, { "number": "71", "title": "CHAPTER VII", "chapter": "CHAPTER VII", "content": "Rectification And Correction Of The Register", "footnote": "", "is_definition": false, "sort_order": 70 }, { "number": "57", "title": "57. Power to cancel or vary registration and to rectify the register .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 71 }, { "number": "58", "title": "58. Correction of register .-", "chapter": null, "content": "(a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark;\n(b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark;\n(c) cancel the entry of a trade mark on the register;\n(d) strike out any goods or classes of goods or services from those in respect of which a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.", "footnote": "", "is_definition": false, "sort_order": 72 }, { "number": "59", "title": "59. Alteration of registered trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 73 }, { "number": "60", "title": "60. Adaptation of entries in register to amended or substituted classification of goods or services .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 74 }, { "number": "76", "title": "CHAPTER VIII", "chapter": "CHAPTER VIII", "content": "Collective Marks", "footnote": "", "is_definition": false, "sort_order": 75 }, { "number": "61", "title": "61. Special provisions for collective marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 76 }, { "number": "62", "title": "62. Collective mark not to be misleading as to character or significance .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 77 }, { "number": "63", "title": "63. Application to be accompanied by regulations governing use of collective marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 78 }, { "number": "64", "title": "64. Acceptance of application and regulations by Registrar .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 79 }, { "number": "65", "title": "65. Regulations to be open to inspection .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 80 }, { "number": "66", "title": "66. Amendment of regulations .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 81 }, { "number": "67", "title": "67. Infringement proceedings by registered proprietor of collective mark .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 82 }, { "number": "68", "title": "68. Additional grounds for removal of registration of collective mark .-", "chapter": null, "content": "(a) that the manner in which the collective mark has been used by the proprietor or authorised user has caused it to become liable to mislead the public as a collective mark; or\n(b) that the proprietor has failed to observe, or to secure the observance of the regulations governing the use of the mark.", "footnote": "", "is_definition": false, "sort_order": 83 }, { "number": "85", "title": "CHAPTER IX", "chapter": "CHAPTER IX", "content": "Certification Trade Marks", "footnote": "", "is_definition": false, "sort_order": 84 }, { "number": "69", "title": "69. Certain provisions of this Act not applicable to certification trade marks .-", "chapter": null, "content": "(a) clauses (a) and (c) of sub-section (1) of section 9;\n(b) sections 18, 20 and 21, except as expressly applied by this Chapter;\n(c) sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;\n(d) Chapter XII, except section 107.", "footnote": "", "is_definition": false, "sort_order": 85 }, { "number": "70", "title": "70. Registration of certification trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 86 }, { "number": "71", "title": "71. Applications for registration of certification trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 87 }, { "number": "72", "title": "72. Consideration of application for registration by Registrar .-", "chapter": null, "content": "(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered;\n(b) whether the draft of the regulations to be filed under section 74 is satisfactory;\n(c) whether in all the circumstances the registration applied for would be to the public advantage, and may either-\n(i) refuse the application; or\n(ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters.", "footnote": "", "is_definition": false, "sort_order": 88 }, { "number": "73", "title": "73. Opposition to registration of certification trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 89 }, { "number": "74", "title": "74. Filing of regulations governing use of a certification trade mark .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 90 }, { "number": "75", "title": "75. Infringement of certification trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 91 }, { "number": "76", "title": "76. Acts not constituting infringement of certification trade marks .-", "chapter": null, "content": "(a) where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available for acceptance in any place, country or territory or in any other circumstances, to which having regard to any such limitations, the registration does not extend;\n(b) the use of a certification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authorisation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark;\n(c) the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor.", "footnote": "", "is_definition": false, "sort_order": 92 }, { "number": "77", "title": "77. Cancellation or varying of registration of certification trade marks .-", "chapter": null, "content": "(a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;\n(b) that the proprietor has failed to observe any provisions of the regulations to be observed on his part;\n(c) that it is no longer to the public advantage that the mark should remain registered;\n(d) that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied.", "footnote": "", "is_definition": false, "sort_order": 93 }, { "number": "78", "title": "78. Rights conferred by registration of certification trade marks .-", "chapter": null, "content": "[* * * * * *]\nOLD LAW ▼", "footnote": "", "is_definition": false, "sort_order": 94 }, { "number": "96", "title": "CHAPTER X", "chapter": "CHAPTER X", "content": "Special Provisions For Textile Goods", "footnote": "", "is_definition": false, "sort_order": 95 }, { "number": "79", "title": "79. Textile goods .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 96 }, { "number": "80", "title": "80. Restriction on registration of textile goods .-", "chapter": null, "content": "(a) no mark consisting of a line heading alone shall be registrable as a trade mark;\n(b) a line heading shall not be deemed to be capable of distinguishing;\n(c) the registration of trade mark shall not give any exclusive right to the use of a line heading.", "footnote": "", "is_definition": false, "sort_order": 97 }, { "number": "81", "title": "81. Stamping of piece goods, cotton yarn and thread .-", "chapter": null, "content": "(a) the bundles are conspicuously marked with an indication of the weight of yarn in English or the metric system in each bundles; and\n(b) the count of the yarn contained in the bundles and in the case of thread each unit is conspicuously marked with the length or weight of thread in the unit and in such other manner as may be required by the said rules; and\n(c) except where the goods are sold from the premises for export from India, unless each bundle or unit is conspicuously marked with the name of the manufacturer or of the wholesale purchaser in India of the goods:", "footnote": "", "is_definition": false, "sort_order": 98 }, { "number": "82", "title": "82. Determination of character of textile goods by sampling .-", "chapter": null, "content": "(a) to provide, with respect to any goods which purport or are alleged to be of uniform number, quantity, measure, guage or weight, for the number of samples to be selected and tested and for the selection of the samples;\n(b) to provide, for the manner in which for the purposes of section 81 cotton yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dying or finishing of cotton yarn or cotton thread from the provisions of that section; and\n(c) declaring what classes of goods are included in the expression \"piece goods such as are ordinarily sold by length or by the piece\" for the purpose of section 81, of this Act or clause (n) of sub-section (2) of section 11 of the Customs Act, 1962 (52 of 1962).", "footnote": "", "is_definition": false, "sort_order": 99 }, { "number": "101", "title": "CHAPTER XI", "chapter": "CHAPTER XI", "content": "Appellate Board", "footnote": "", "is_definition": false, "sort_order": 100 }, { "number": "83", "title": "83. Establishment of Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 101 }, { "number": "84", "title": "84. Composition of Appellate Board .-", "chapter": null, "content": "(a) may, in addition to discharging the functions of the Judicial Member or Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench;\n(b) may transfer a Member from one Bench to another Bench;\n(c) may authorise the Vice-Chairman, the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Judicial Member or the Technical Member, as the case may be, of another Bench.", "footnote": "", "is_definition": false, "sort_order": 102 }, { "number": "85", "title": "85. Qualifications for appointment as Chairman, Vice-Chairman, or other Members .-", "chapter": null, "content": "(a) is, or has been, a Judge of a High Court; or\n(b) has, for at least two years, held the office of a Vice-Chairman.\n(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or\n(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.\n(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\n(b) has, for at least ten years, held a civil judicial office.\n(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\n(b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law.", "footnote": "", "is_definition": false, "sort_order": 103 }, { "number": "86", "title": "86. Term of office of Chairman, Vice-Chairman and other Members .-", "chapter": null, "content": "(a) in the case of Chairman and Vice-Chairman, the age of sixty-five years; and\n(b) in the case of a Member, the age of sixty-two years, whichever is earlier.", "footnote": "", "is_definition": false, "sort_order": 104 }, { "number": "87", "title": "87. Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 105 }, { "number": "88", "title": "88. Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 106 }, { "number": "89", "title": "89. Resignation and removal .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 107 }, { "number": "90", "title": "90. Staff of Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 108 }, { "number": "91", "title": "91. Appeals to Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 109 }, { "number": "92", "title": "92. Procedure and powers of Appellate Board .-", "chapter": null, "content": "(a) receiving evidence;\n(b) issuing commissions for examination of witnesses;\n(c) requisitioning any public record; and\n(d) any other matter which may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 110 }, { "number": "93", "title": "93. Bar of jurisdiction of Courts, etc .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 111 }, { "number": "94", "title": "94. Bar to appear before Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 112 }, { "number": "95", "title": "95. Conditions as to making of interim orders .-", "chapter": null, "content": "(a) copies of such appeal and of all documents in support of the plea for such interim order are furnished to the party against whom such appeal is made or proposed to be made; and\n(b) opportunity is given to such party to be heard in the matter.", "footnote": "", "is_definition": false, "sort_order": 113 }, { "number": "96", "title": "96. Power of Chairman to transfer cases from one Bench to another .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 114 }, { "number": "97", "title": "97. Procedure for application for rectification, etc., before Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 115 }, { "number": "98", "title": "98. Appearance of Registrar in legal proceedings .-", "chapter": null, "content": "(a) in any legal proceedings before the Appellate Board in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;\n(b) in any appeal to the Board from an order of the Registrar on an application for registration of a trade mark-\n(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or\n(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.", "footnote": "", "is_definition": false, "sort_order": 116 }, { "number": "99", "title": "99. Costs of Registrar in proceedings before Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 117 }, { "number": "100", "title": "100. Transfer of pending proceedings to Appellate Board .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 118 }, { "number": "120", "title": "CHAPTER XII", "chapter": "CHAPTER XII", "content": "Offences, Penalties And Procedure", "footnote": "", "is_definition": false, "sort_order": 119 }, { "number": "101", "title": "101. Meaning of applying trade marks and trade descriptions .-", "chapter": null, "content": "(a) applies it to the goods themselves or uses it in relation to services; or\n(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or\n(c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or\n(d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or\n(e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used.", "footnote": "", "is_definition": false, "sort_order": 120 }, { "number": "102", "title": "102. Falsifying and falsely applying trade marks .-", "chapter": null, "content": "(a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or\n(b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.\n(a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;\n(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods other than the genuine goods of the proprietor of the trade mark.", "footnote": "", "is_definition": false, "sort_order": 121 }, { "number": "103", "title": "103. Penalty for applying false trade marks, trade descriptions, etc .-", "chapter": null, "content": "(a) falsifies any trade mark; or\n(b) falsely applies to goods or services any trade mark; or\n(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or\n(d) applies any false trade description to goods or services; or\n(e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the goods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or\n(f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or\n(g) causes any of the things above-mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:", "footnote": "", "is_definition": false, "sort_order": 122 }, { "number": "104", "title": "104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied .-", "chapter": null, "content": "(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offence had been committed in respect of the goods or services; or\n(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or\n(c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees:", "footnote": "", "is_definition": false, "sort_order": 123 }, { "number": "105", "title": "105. Enhanced penalty on second or subsequent conviction .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 124 }, { "number": "81", "title": "106. Penalty for removing piece goods, etc., contrary to section 81.-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 125 }, { "number": "107", "title": "107. Penalty for falsely representing a trade mark as registered .-", "chapter": null, "content": "(a) with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark; or\n(b) with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or\n(c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered; or\n(d) to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right.\n(a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside India being a country under the law of which the registration referred to is in fact in force; or\n(b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or\n(c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside India and in relation solely to goods to be exported to that country or in relation to services for use in that country.", "footnote": "", "is_definition": false, "sort_order": 126 }, { "number": "108", "title": "108. Penalty for improperly describing a place of business as connected with the Trade Marks Office .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 127 }, { "number": "109", "title": "109. Penalty for falsification of entries in the register .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 128 }, { "number": "110", "title": "110. No offence in certain cases .-", "chapter": null, "content": "(a) the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and\n(b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force.", "footnote": "", "is_definition": false, "sort_order": 129 }, { "number": "111", "title": "111. Forfeiture of goods .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 130 }, { "number": "112", "title": "112. Exemption of certain persons employed in ordinary course of business .-", "chapter": null, "content": "(a) that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates or other instruments for making, or being used in making, trade marks; and\n(b) that in the case which is the subject of the charge he was so employed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be; and\n(c) that, having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and\n(d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.", "footnote": "", "is_definition": false, "sort_order": 131 }, { "number": "113", "title": "113. Procedure where invalidity of registration is pleaded by the accused .-", "chapter": null, "content": "(a) If the Court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board under this Act, for the rectification of the register on the ground that the registration is invalid.\n(b) If the accused proves to the Court that he has made such application within the time so limited or within such further time as the Court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.\n(c) If within a period of three months or within such extended time as may be allowed by the Court the accused fails to apply to the Appellate Board for rectification of the register, the Court shall proceed with the case as if the registration were valid.", "footnote": "", "is_definition": false, "sort_order": 132 }, { "number": "114", "title": "114. Offences by companies .-", "chapter": null, "content": "(a) \"company\" means any body corporate and includes a firm or other association of individuals; and\n(b) \"director\", in relation to a firm, means a partner in the firm.", "footnote": "", "is_definition": false, "sort_order": 133 }, { "number": "115", "title": "115. Cognizance of certain offences and the powers of police officer for search and seizure .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 134 }, { "number": "116", "title": "116. Evidence of origin of goods imported by sea .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 135 }, { "number": "117", "title": "117. Costs of defence or prosecution .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 136 }, { "number": "118", "title": "118. Limitation of prosecution .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 137 }, { "number": "119", "title": "119. Information as to commission of offence .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 138 }, { "number": "120", "title": "120. Punishment of abetment in India of acts done out of India .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 139 }, { "number": "121", "title": "121. Instructions of Central Government as to permissible variation to be observed by criminal Courts .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 140 }, { "number": "142", "title": "CHAPTER XIII", "chapter": "CHAPTER XIII", "content": "Miscellaneous", "footnote": "", "is_definition": false, "sort_order": 141 }, { "number": "122", "title": "122. Protection of action taken in good faith .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 142 }, { "number": "123", "title": "123. Certain persons to be public servants .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 143 }, { "number": "124", "title": "124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc .-", "chapter": null, "content": "(a) the defendant pleads that registration of the plaintiff's trade mark is invalid; or\n(b) the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff pleads the invalidity of registration of the defendant's trade mark, the Court trying the suit (hereinafter referred to as the Court) shall,-\n(i) if any proceedings for recitification of the register in relation to the plaintiff's or defendant‘s trade mark are pending before the Registrar or the Appellate Board, stay the suit pending the final disposal of such proceedings;\n(ii) if no such proceedings are pending and the Court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the Appellate Board for recitification of the register.", "footnote": "", "is_definition": false, "sort_order": 144 }, { "number": "125", "title": "125. Application for rectification of register to be made to Appellate Board in certain cases .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 145 }, { "number": "126", "title": "126. Implied warranty on sale of marked goods .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 146 }, { "number": "127", "title": "127. Powers of Registrar .-", "chapter": null, "content": "(a) the Registrar shall have all the powers of a civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;\n(b) the Registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil Court:\n(c) the Registrar may, on an application made in the prescribed manner, review his own decision.", "footnote": "", "is_definition": false, "sort_order": 147 }, { "number": "128", "title": "128. Exercise of discretionary power by Registrar .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 148 }, { "number": "129", "title": "129. Evidence before Registrar .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 149 }, { "number": "130", "title": "130. Death of party to a proceeding .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 150 }, { "number": "131", "title": "131. Extension of time .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 151 }, { "number": "132", "title": "132. Abandonment .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 152 }, { "number": "133", "title": "133. Preliminary advice by the Registrar as to distinctiveness .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 153 }, { "number": "134", "title": "134. Suit for infringement, etc., to be instituted before District Court .-", "chapter": null, "content": "(a) for the infringement of a registered trade mark; or\n(b) relating to any right in a registered trade mark; or\n(c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered, shall be instituted in any Court inferior to a District Court having jurisdiction to try the suit.", "footnote": "", "is_definition": false, "sort_order": 154 }, { "number": "135", "title": "135. Relief in suits for infringement or for passing off .-", "chapter": null, "content": "(a) for discovery of documents;\n(b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;\n(c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff's ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.\n(a) where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark; or\n(b) where in a suit for infringement the defendant satisfies the Court-\n(i) that at the time he commenced to use the trade mark complained of in the suit, he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user being by way of permitted use; and\n(ii) that when he became aware of the existence and nature of the plaintiff's right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered; or\n(c) where in a suit for passing off, the defendant satisfies the Court-\n(i) that at the time he commenced to use the trade mark complained of in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was in use; and\n(ii) that when he became aware of the existence and nature of the plaintiff's trade mark he forthwith ceased to use the trade mark complained of.", "footnote": "", "is_definition": false, "sort_order": 155 }, { "number": "136", "title": "136. Registered user to be impleaded in certain proceedings .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 156 }, { "number": "137", "title": "137. Evidence of entries in register, etc., and things done by the Registrar .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 157 }, { "number": "138", "title": "138. Registrar and other officers not compellable to produce register, etc .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 158 }, { "number": "139", "title": "139. Power to require goods to show indication of origin .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 159 }, { "number": "140", "title": "140. Power to require information of imported goods bearing false trade marks .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 160 }, { "number": "141", "title": "141. Certificate of validity .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 161 }, { "number": "142", "title": "142. Groundless threats of legal proceedings .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 162 }, { "number": "143", "title": "143. Address for service .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 163 }, { "number": "144", "title": "144. Trade usages, etc., to be taken into consideration .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 164 }, { "number": "145", "title": "145. Agents .-", "chapter": null, "content": "(a) a legal practitioner, or\n(b) a person registered in the prescribed manner as a trade marks agent, or\n(c) a person in the sole and regular employment of the principal.", "footnote": "", "is_definition": false, "sort_order": 165 }, { "number": "146", "title": "146. Marks registered by an agent or representative without authority .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 166 }, { "number": "147", "title": "147. Indexes .-", "chapter": null, "content": "(a) an index of registered trade marks;\n(b) an index of trade marks in respect of which applications for registration are pending;\n(c) an index of the names of the proprietors of registered trade marks; and\n(d) an index of the names of registered users.", "footnote": "", "is_definition": false, "sort_order": 167 }, { "number": "148", "title": "148. Documents open to public inspection .-", "chapter": null, "content": "(a) the register and any document upon which any entry in the register is based;\n(b) every notice of opposition to the registration of a trade mark application for rectification before the Registrar, counter-statement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar;\n(c) all regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 for varying such regulations;\n(d) the indexes mentioned in section 147; and\n(e) such other documents as the Central Government may, by notification in the Official Gazette, specify, shall, subject to such conditions as may be prescribed, be open to public inspection at the Trade Marks Registry:", "footnote": "", "is_definition": false, "sort_order": 168 }, { "number": "149", "title": "149. Reports of Registrar to be placed before Parliament .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 169 }, { "number": "150", "title": "150. Fees and surcharge .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 170 }, { "number": "151", "title": "151. Savings in respect of certain matters in Chapter XII .-", "chapter": "Chapter XII", "content": "(a) exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him; or\n(b) entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that Chapter or against clause (h) of section 112 of the Customs Act, 1962 (52 of 1962), relating to confiscation of goods under clause (d) of section 111 of that Act and notified by the Central Government under clause (n) of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods; or\n(c) be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.", "footnote": "", "is_definition": false, "sort_order": 171 }, { "number": "152", "title": "152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 172 }, { "number": "153", "title": "153. Government to be bound .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 173 }, { "number": "154", "title": "154. Special provisions relating to applications for registration from citizens of convention countries .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 174 }, { "number": "155", "title": "155. Provision as to reciprocity .-", "chapter": null, "content": "(a) to apply for the registration of, or be registered as the proprietor of, a trade mark;\n(b) to be registered as the assignee of the proprietor of a registered trade mark; or\n(c) to apply for registration or be registered as a registered user of a trade mark under section 49.", "footnote": "", "is_definition": false, "sort_order": 175 }, { "number": "156", "title": "156. Power of Central Government to remove difficulties .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 176 }, { "number": "157", "title": "157. Power to make rules .-", "chapter": null, "content": "(i) the matters to be included in the Register of Trade Marks under sub-section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section;\n(ii) the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8;\n(iii) the manner in which the Registrar may notify a word as an international non-proprietary name under section 13;\n(iv) the manner of making an application for dissolution of an association under sub-section (5) of section 16;\n(v) the manner of making an application for registration of a trade mark under sub-section (1) of section 18;\n(vi) the manner of advertising of an application for registration under sub-section (1), and the manner of notifying corrections or amendments under sub-section (2), of section 20;\n(vii) [the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1) and sending counter-statement under subsection (2) and submission of evidence and the time therefor under sub-section (4) of section 21;]\nOLD LAW ▼\n(vii) the manner of making an application and the fee payable for such application giving notice under sub-section (1) and sending counter-statements under sub-section (2) and submission of evidence and the time therefor under sub-section (4) of section 21;\n(viii) the form of certificate of registration under sub-section (2), and the manner of giving notice to the applicant under sub-section (3) of section 23;\n(ix) the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section;\n[(ixa) the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub-section (4) of section 36D; (ixb) the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E; (ixc) the manner of informing the International Bureau under sub-section (2) of section 36E; (ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E] ; (x) the manner of submitting statement of cases under sub-section (2) of section 40; (xi) the manner of making an application by the proprietor of a trade mark under section 41; (xii) the manner of making an application for assignment or transmission of a certificate trade mark under section 43; (xiii) the manner of making an application to the Registrar to register title under sub-section (1) of section 45; [(xiii-a) the period within which the Registrar shall dispose of an application under sub-section (3) of section 45;] (xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46; (xv) the manner of making an application under sub-section (2) of section 47; [* * * * * *] OLD LAW ▼ (xvi) the manner of making an application, documents and other evidence to accompany such application under sub-section (1), and the manner in which notice is to be issued under sub-section (3) of section 49; (xvii) the manner of making an application under sub-section (1), the manner of issuing a notice under sub-section (2) and the procedure for cancelling a registration under sub-section (3) of section 50; (xviii) the manner of making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 57;\n(ixb) the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E; (ixc) the manner of informing the International Bureau under sub-section (2) of section 36E; (ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E]\n(ixc) the manner of informing the International Bureau under sub-section (2) of section 36E; (ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E]\n(ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E]\n(x) the manner of submitting statement of cases under sub-section (2) of section 40;\n(xi) the manner of making an application by the proprietor of a trade mark under section 41;\n(xii) the manner of making an application for assignment or transmission of a certificate trade mark under section 43;\n(xiii) the manner of making an application to the Registrar to register title under sub-section (1) of section 45;\n[(xiii-a) the period within which the Registrar shall dispose of an application under sub-section (3) of section 45;] (xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46; (xv) the manner of making an application under sub-section (2) of section 47; [* * * * * *] OLD LAW ▼\n(xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46;\n(xv) the manner of making an application under sub-section (2) of section 47;\n[* * * * * *]\nOLD LAW ▼\n(xvi) the manner of making an application, documents and other evidence to accompany such application under sub-section (1), and the manner in which notice is to be issued under sub-section (3) of section 49;\n(xvii) the manner of making an application under sub-section (1), the manner of issuing a notice under sub-section (2) and the procedure for cancelling a registration under sub-section (3) of section 50;\n(xviii) the manner of making applications under sub-sections (1) and (2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub-section (5) of section 57;\n(xix) the manner of making an application under section 58;\n(xx) the manner of making an application under sub-section (1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub-sections (2) and (3) of section 59;\n(xxi) the manner of advertisement under sub-section (2) of section 60;\n(xxii) the other matters to be specified in the regulations under sub-section (2) of section 63;\n(xxiii) the manner of making an application under sub-section (1) of section 71;\n(xxiv) the manner of advertising an application under section 73;\n(xxv) the manner of making an application under section 77;\n(xxvi) the classes of goods under section 79;\n(xxvii) the conditions and restrictions under sub-section (2) of section 80;\n(xxviii) determination of character of textile goods by sampling under section 82.\n(xxix) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairman, Vice-Chairman and other Members under sub-section (1) of section 88;\n(xxx) the procedure for investigation of misbehaviour or incapacity of the Chairman, Vice-Chairman and other Members under sub-section (3) of section 89;\n(xxxi) the salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2), and the manner in which the officers and other employees of the Appellate Board shall discharge their functions under sub-section (3), of section 90;\n(xxxii) the form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 91;\n(xxxiii) the form in which and the particulars to be included in the application to the Appellate Board under sub-section (1) of section 97;\n(xxxiv) the manner of making an application for review under clause (c) of section 127;\n(xxxv) the time within which an application is to be made to the Registrar for exercising his discretionary power under section 128;\n(xxxvi) the manner of making an application and the fee payable therefor under sub-section (1) of section 131;\n(xxxvii) the manner of making an application under sub-section (1) and the period for withdrawal of such application under sub-section (2) of section 133;\n(xxxviii) the manner of authorising any person to act and the manner of registration as a trade mark agent under section 145;\n(xxxix) the conditions for inspection of documents under sub-section (1) and the fee payable for obtaining a certified copy of any entry in the register under sub-section (2) of section 148;\n(xl) the fees and surcharge payable for making applications and registration and other matters under section 150;\n(xli) any other matter which is required to be or may be prescribed.", "footnote": "", "is_definition": false, "sort_order": 177 }, { "number": "158", "title": "158. Amendments .-", "chapter": null, "content": "", "footnote": "", "is_definition": false, "sort_order": 178 }, { "number": "159", "title": "159. Repeal and savings .-", "chapter": null, "content": "THE SCHEDULE\n(See section 158)\nAMENDMENTS\nYear Act No. Short Title Amendment (1) (2) (3) (4) 1956 1 The Companies Act,\n1956 (I)In section 20, for sub-section (2), the following sub-sections shall be substituted, namely:- \"(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles.- (i) The name by which a company in existence has been previously registered; or (ii) A registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999. may be deemed to be undesirable by the Central Government within the meaning of sub-section (1). (3) The Central Government may, before deeming a name as undesirable under clause (ii), of sub-section (2), consult the Registrar of Trade Marks.\" (II) In section 22, in sub-section (1),- (i)for the portion beginning with \"if, through\" and ending with \"first-mentioned company-\" the following shall be substituted, namely:- \"If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,- (i) in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first-mentioned company, or (ii) on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act 1999, such company.\":- (ii)the following proviso shall be added, namely:- \"Provided that no application under clause (ii) made by  a registered proprietor of trade mark after five years of coming to notice of registration of the company shall be considered by the Central Government.\"\nYear\nAct No.\nShort Title\nAmendment\n(1)\n(2)\n(3)\n(4)\n1956\n1\nThe Companies Act,\n1956\n(I)In section 20, for sub-section (2), the following sub-sections shall be substituted, namely:-\n\"(2) Without prejudice to the generality of the foregoing power, a name which is identical with, or too nearly resembles.-\n(i) The name by which a company in existence has been previously registered; or\n(ii) A registered trade mark, or a trade mark which is subject of an application for registration, of any other person under the Trade Marks Act, 1999.\nmay be deemed to be undesirable by the Central Government within the meaning of sub-section (1).\n(3) The Central Government may, before deeming a name as undesirable under clause (ii), of sub-section (2), consult the Registrar of Trade Marks.\"\n(II) In section 22, in sub-section (1),-\n(i)for the portion beginning with \"if, through\" and ending with \"first-mentioned company-\" the following shall be substituted, namely:-\n\"If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,-\n(i) in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first-mentioned company, or\n(ii) on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act 1999, such company.\":-\n(ii)the following proviso shall be added, namely:-\n\"Provided that no application under clause (ii) made by  a registered proprietor of trade mark after five years of coming to notice of registration of the company shall be considered by the Central Government.\"", "footnote": "", "is_definition": false, "sort_order": 179 } ], "metadata": { "Act ID": "1052", "Act Number": "(47 OF 1999)", "Enactment Date": "30th December, 1999", "Act Year": "1999", "Short Title": "The Trade Marks Act, 1999", "Type": "CENTRAL", "Location": "India (Central)" }, "updated_at": "2026-09-29 21:51:59" }