| Contents |
| Sections |
Particulars |
| |
Preamble |
| 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 |
| |
Schedule |
