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Trade Marks Act, 1999

(Act no. 47 of 1999)

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

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