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Trade Marks Act, 1999


154. Special provisions relating to applications for registration from citizens of convention countries.-

(1) With a view to the fulfillment of treaty, convention or arrangement with any country or country which is a member of a group of countries or union of countries or Inter-Governmental Organization outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries, or countries of the Inter-Governmental Organization to be a convention country or group of countries or union of countries, or Inter-Governmental organization as the case may be, for the purpose of this Act.

(2) Where a person has made an application for the registration of a trade mark in a convention country or country which is a member of a group of countries or union of countries and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in India within six months after the date on which the application was made in the convention country or country which is a member of a group of countries or union f countries the trade mark shall, if registered under this Act, be registered as the date on which the application was made in the convention country or country which is a member of group of countries or union of countries and that date shall be deemed for the purposes of this Act to be the date of registration.

(3) Where applications have been made for the registration of a trade mark in two or more convention countries, or group of countries or union of countries the period of six months referred to in the last preceding sub-section shall be reckoned from the date on which the earlier or earliest of those applications was made.

(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act.



Trade Marks Act, 1999 Back




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