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Trade Marks Act, 1999

(Act no. 47 of 1999)

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



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