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Contents
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Sections
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Particulars
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Preamble
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Chapter 1
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Preliminary
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1
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Short title, extent and commencement
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2
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Definitions and interpretation
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Chapter 2
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The Register and Conditions for Registration
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3
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Appointment of Registrar and other officers
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4
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Power of Registrar to withdraw or transfer cases, etc
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5
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Trade Marks Registry and officers thereof
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6
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The Register of Trade Marks
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7
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Classification of goods and services
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8
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Publication of alphabetical index
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9
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Absolute grounds for refusal of registration
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10
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Limitation as to colour
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11
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Relative grounds for refusal of registration
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12
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Registration in the case of honest concurrent use, etc
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13
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Prohibition of registration of names of chemical elements or international non proprietary names
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14
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Use of names and representations of living persons or persons recently dead
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15
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Registration of parts of trade marks and of trade marks as a series
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16
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Registration of trade marks as associated trade marks
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17
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Effect of registration of parts of a mark
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Chapter 3
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Procedure for and Duration of Registration
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18
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Application for registration
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19
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Withdrawal of acceptance
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20
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Advertisement of application
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21
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Opposition to registration
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22
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Correction and amendment
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23
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Registration
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24
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Jointly owned trade marks
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25
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Duration, renewal, removal and restoration and registration
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26
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Effect of removal from register for failure to pay fee for removal
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Chapter 4
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Effect of Registration
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27
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No action for infringement of unregistered trade mark
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28
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Rights conferred by registration
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29
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Infringement of registered trade marks
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30
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Limits of effect of registered trade mark
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31
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Registration to be prima facie evidence of validity
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32
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Protection of registration on ground of distinctiveness in certain cases
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33
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Effect of acquiescence
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34
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Saving for vested rights
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35
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Saving for use of name, address or description of goods or services
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36
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Saving for words used as name or description or an article or substance or service
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Chapter 5
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Assignment and Transmission
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37
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Power of registered proprietor to assign and give receipts
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38
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Assignability and transmissibility of registered trade marks
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39
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Assignability and transmissibility of unregistered trade marks
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40
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Restriction on assignment or transmission where multiple exclusive rights would be created
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41
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Restriction on assignment or transmission when exclusive rights would be created in different parts of India
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42
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Conditions for assignment otherwise than in connection with the goodwill of a business
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43
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Assignability and transmissibility of certification trade marks
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44
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Assignability and transmissibility or associated trade marks
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45
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Registration of assignment and transmissions
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Chapter 6
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Use of Trade Marks and Registered Users
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46
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Proposed use of trade mark by company to be formed, etc
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47
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Removal from register and imposition of limitations on ground of non-use
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48
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Registered users
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49
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Registration as registered user
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50
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Power of Registrar for variation or cancellation of registration as registered user
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51
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Power of Registrar to call for information relating to agreement in respect of registered users
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52
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Right to registered user to take proceedings against infringement
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53
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No right of permitted user to take proceedings against infringement
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54
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Registered user not to have right of assignment or transmission
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55
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Use of one of associated or substantially identical trade marks equivalent to use of another
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56
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Use of trade mark for export trade and use when form of trade connection changes
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Chapter 7
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Rectification and Correction of the Register
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57
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Power to cancel or vary registration and to rectify the register
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58
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Correction of register
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59
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Alteration of registered trade marks
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60
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Adaptation of entries in register to amended or substituted classification of goods or services
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Chapter 8
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Collective Marks
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61
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Special provisions for collective marks
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62
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Collective mark not be misleading to character or significance
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63
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Application to be accompanied by regulations governing use of collective marks
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64
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Acceptance of application and regulations by Registrar
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65
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Regulations to be open to inspection
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66
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Amendment of regulations
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67
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Infringement proceedings by registered proprietor of collective mark
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68
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Additional grounds for removal of registration of collective mark
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Chapter 9
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Certification Trade Marks
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69
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Certain provisions of this Act not applicable to certification trade marks
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70
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Registration of certification trade marks
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71
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Applications for registration of certification trade marks
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72
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Consideration of application for registration by the Registrar
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73
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Opposition to registration of certification trade marks
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74
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Filling of regulations governing the use of a certificate trade mark
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75
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Infringement of certification trade marks
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76
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Acts not constituting infringement of certification trade marks
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77
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Cancellation or varying of registration of certification trade mark
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78
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Rights conferred by registration of certification trade marks
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Chapter 10
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Special Provisions for Textile Goods
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79
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Textile goods
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80
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Restriction on registration of textile goods
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81
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Stamping of piece goods, cotton yarn thread
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82
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Determination of character of textile goods by sampling
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Chapter 11
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Appellate Board
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83
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Establishment of Appellate Board
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84
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Composition of Appellate Board
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85
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Qualifications for appointments as Chairman, Vice-Chairman, or other Member
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86
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Term of office of Chairman, Vice-Chairman and other Members
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87
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Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
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88
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Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
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89
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Resignation and removal
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90
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Staff of Appellate Board
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91
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Appeals to Appellate Board
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92
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Procedure and powers of Appellate Board
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93
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Bar of jurisdiction of courts, etc
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94
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Bar to appear before Appellate Board
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95
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Conditions as to making of interim orders
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96
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Power of Chairman to transfer cases from one Bench to another
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97
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Procedure for application for rectification, etc., before Appellate Board
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98
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Appearance of Registrar in legal proceedings
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99
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Costs of Registrar in proceedings before the Appellate Board
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100
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Transfer of pending proceedings to Appellate Board
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Chapter 12
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Offences, Penalties and Procedure
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101
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Meaning of applying trade marks and trade descriptions
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102
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Falsifying and falsely applying trade marks
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103
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Penalty for applying false trade marks, trade descriptions, etc
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104
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Penalty for selling goods or providing services to which false trade mark or false trade description is applied
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105
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Enhanced penalty on second or subsequent conviction
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106
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Penalty for removing piece goods, etc., contrary to section 81
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107
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Penalty for falsely representing a trade mark as registered
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108
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Penalty for improperly describing a place of business as connected with the Trade Marks Office
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109
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Penalty for falsification of entries in the register
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110
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No offence in certain cases
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111
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Forfeiture of goods
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112
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Exemption of certain persons employed in ordinary course of business
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113
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Procedure where invalidity of registration is pleaded by the accused
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114
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Offences by companies
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115
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Cognizance of certain offences and the powers of police officer for search and seizure
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116
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Evidence of origin of goods imported by sea
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117
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Costs of defense or prosecution
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118
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Limitation of prosecution
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119
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Information as to commission of offence
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120
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Punishment of abatement in India of acts done out of India
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121
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Instructions of Central Governments as to permissible Variation to be observed by criminal courts
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Chapter 13
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Miscellaneous
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122
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Protection of action taken in good faith
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123
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Certain persons to be public servants
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124
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Stay of proceedings where the validity of registration of the trade mark is questioned, etc
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125
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Application for rectification of register to be made to Appellate Board in certain cases
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126
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Implied warranty on sale of marked goods
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127
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Powers of Registrar
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128
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Exercise of discretionary power by Registrar
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129
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Evidence before Registrar
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130
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Death of party to a proceedings
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131
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Extension of time
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132
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Abandonment
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133
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Preliminary advice by the Registrar as to distinctiveness
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134
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Suit for infringement, etc., to be instituted before district Court
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135
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Relief in suits for infringement or for passing off
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136
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Registered user to be impleaded in certain proceedings
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137
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Evidence of entries in register, etc., and things done by the Registrar
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138
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Registrar and other officers not compellable to produce register, etc
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139
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Power to require goods to show indication of origin
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140
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Power to require information of imported goods bearing false trade marks
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141
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Certificate of validity
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142
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Groundless threats of legal proceedings
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143
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Address for service
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144
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Trade usages, etc., to be taken into consideration
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146
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Marks registered by an agent or representative without authority
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147
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Indexes
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148
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Documents open to public inspection
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149
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Reports of Registrar to be placed before Parliament
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150
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Fees and surcharge
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151
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Savings in respect of certain matters in Chapter XII
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152
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Declaration as to ownership as to ownership of trade mark not registrable under the Registration Act, 1908
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153
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Government to be bound
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154
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Special provisions relating to applications for registration from citizens of convention countries
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155
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Provisions as to reciprocity
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156
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Power of Central Government to remove difficulties
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157
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Power to make rules
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158
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Amendments
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159
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Repeal and savings
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Schedule
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