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Bar News Acts League

The Trade Marks Act, 1999

Act ID: 1999

The Trade Marks Act, 1999

"An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks."

Table of Contents

166 Sections

Ch. IP

reliminary

S.1Short title, extent and commencement S.2Definitions and interpretation S.45Registration of registered user

Ch. IIT

he Register and Conditions for Registration

S.3Appointment of Registrar and other officers S.4Power of Registrar to withdraw or transfer cases, etc S.5Trade Marks Registry and offices thereof S.6The Register of Trade Marks S.7Classification of goods and services S.8Publication of alphabetical index S.9Absolute grounds for refusal of registration S.10Limitation as to colour S.11Relative grounds for refusal of registration S.12Registration in the case of honest concurrent use, etc S.13Prohibition of registration of names of chemical elements or international non-proprietary names S.14Use of names and representations of living persons or persons recently dead S.15Registration of parts of trade marks and of trade marks as a series S.16Registration of trade marks as associated trade marks S.17Effect of registration of parts of a mark

Ch. IIIP

rocedure for and Duration of Registration

S.18Application for registration S.19Withdrawal of acceptance S.20Advertisement of application S.21Opposition to registration S.22Correction and amendment S.23Registration S.24Jointly owned trade marks S.25Duration, renewal, removal and restoration of registration S.26Effect of removal from register for failure to pay fee for renewal

Ch. IVE

ffect of Registration

S.27No action for infringement of unregistered trade mark S.28Rights conferred by registration S.29Infringement of registered trade marks S.30Limits on effect of registered trade mark S.31Registration to be prima facie evidence of validity S.32Protection of registration on ground of distinctiveness in certain cases S.33Effect of acquiescence S.34Saving for vested rights S.35Saving for use of name, address or description of goods or services S.36Saving for words used as name or description of an article or substance or service S.36AApplication of Act in case of international registration under Madrid Protocol S.36BDefinitions S.36CTrade Marks Registry to deal with international applications S.36DInternational application originating from India S.36EInternational registrations where India has been designated S.36FEffects of international registration S.36GDuration and renewal of international registration

Ch. VA

ssignment and Transmission

S.37Power of registered proprietor to assign and give receipts S.38Assignability and transmissibility of registered trade marks S.39Assignability and transmissibility of unregistered trade marks S.40Restriction on assignment or transmission where multiple exclusive rights would be created S.41Restriction on assignment or transmission when exclusive rights would be created in different parts of India S.42Conditions for assignment otherwise than in connection with the goodwill of a business S.43Assignability and transmissibility of certification trade marks S.44Assignability and transmissibility of associated trade marks

Ch. VIU

se of Trade Marks and Registered Users

S.46Proposed use of trade mark by company to be formed, etc S.47Removal from register and imposition of limitations on ground of non-use S.48Registered users S.49Registration as registered user S.50Power of Registrar for variation or cancellation of registration as registered user S.51Power of Registrar to call for information relating to agreement in respect of registered users S.52Right of registered user to take proceedings against infringement S.53No right of permitted user to take proceeding against infringement S.54Registered user not to have right of assignment or transmission S.55Use of one of associated or substantially identical trade marks equivalent to use of another S.56Use of trade mark for export trade and use when form of trade connection changes

Ch. VIIR

ectification and Correction of the Register

S.57Power to cancel or vary registration and to rectify the register S.58Correction of register S.59Alteration of registered trade marks S.60Adaptation of entries in register to amended or substituted classification of goods or services

Ch. VIIICo

llective Marks

S.61Special provisions for collective marks S.62Collective mark not to be misleading as to character or significance S.63Application to be accompanied by regulations governing use of collective marks S.64Acceptance of application and regulations by Registrar S.65Regulations to be open to inspection S.66Amendment of regulations S.67Infringement proceedings by registered proprietor of collective mark S.68Additional grounds for removal of registration of collective mark

Ch. IXCe

rtification Trade Marks

S.69Certain provisions of this Act not applicable to certification trade marks S.70Registration of certification trade marks S.71Applications for registration of certification trade marks S.72Consideration of application for registration by the Registrar S.73Opposition to registration of certification trade marks S.74Filing of regulations governing use of a certification trade mark S.75Infringement of certification trade marks S.76Acts not constituting infringement of certification trade marks S.77Cancellation or varying of registration of certification trade marks S.78Rights conferred by registration of certification trade marks

Ch. XS

pecial Provisions for Textile Goods

S.79Textile goods S.80Restriction on registration of textile goods S.81Stamping of piece goods, cotton yarn and thread S.82Determination of character of textile goods by sampling

Ch. XIA

ppellate Board

S.83Establishment of Appellate Board S.84Composition of Appellate Board S.85Qualifications for appointment as Chairman, Vice-Chairman, or other Members S.86Term of office of Chairman, Vice-Chairman and other Members S.87Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances S.88Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members S.89Resignation and removal S.90Staff of Appellate Board S.91Appeals to Appellate Board S.92Procedure and powers of Appellate Board S.93Bar of jurisdiction of courts, etc S.94Bar to appear before Appellate Board S.95Conditions as to making of interim orders S.96Power of Chairman to transfer cases from one Bench to another S.97Procedure for application for rectification, etc., before Appellate Board S.98Appearance of Registrar in legal proceedings S.99Costs of Registrar in proceedings before Appellate Board S.100Transfer of pending proceedings to Appellate Board

Ch. XIIO

ffences, Penalties and Procedure

S.101Meaning of applying trade marks and trade descriptions S.102Falsifying and falsely applying trade marks S.103Penalty for applying false trade marks, trade descriptions, etc S.104Penalty for selling goods or providing services to which false trade mark or false trade description is applied S.105Enhanced penalty on second or subsequent conviction S.106Penalty for removing piece goods, etc., contrary to section 81 S.107Penalty for falsely representing a trade mark as registered S.108Penalty for improperly describing a place of business as connected with the Trade Marks Office S.109Penalty for falsification of entries in the register S.110No offence in certain cases S.111Forfeiture of goods S.112Exemption of certain persons employed in ordinary course of business S.113Procedure where invalidity of registration is pleaded by the accused S.114Offences by companies S.115Cognizance of certain offences and the powers of police officer for search and seizure S.116Evidence of origin of goods imported by sea S.117Costs of defence or prosecution S.118Limitation of prosecution S.119Information as to commission of offence S.120Punishment of abetment in India of acts done out of India S.121Instructions of Central Government as to permissible variation to be observed by criminal courts

Ch. XIIIMis

cellaneous

S.122Protection of action taken in good faith S.123Certain persons to be public servants S.124Stay of proceedings where the validity of registration of the trade mark is questioned, etc S.125Application for rectification of register to be made to Appellate Board in certain cases S.126Implied warranty on sale of marked goods S.127Powers of Registrar S.128Exercise of discretionary power by Registrar S.129Evidence before Registrar S.130Death of party to a proceeding S.131Extension of time S.132Abandonment S.133Preliminary advice by the Registrar as to distinctiveness S.134Suit for infringement, etc., to be instituted before District Court S.135Relief in suits for infringement or for passing off S.136Registered user to be impleaded in certain proceedings S.137Evidence of entries in register, etc., and things done by the Registrar S.138Registrar and other officers not compellable to produce register, etc S.139Power to require goods to show indication of origin S.140Power to require information of imported goods bearing false trade marks S.141Certificate of validity S.142Groundless threats of legal proceedings S.143Address for service S.144Trade usages, etc., to be taken into consideration S.145Agents S.146Marks registered by an agent or representative without authority S.147Indexes S.148Documents open to public inspection S.149Reports of Registrar to be placed before Parliament S.150Fees and surcharge S.151Savings in respect of certain matters in Chapter XII S.152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908 S.153Government to be bound S.154Special provisions relating to applications for registration from citizens of convention countries S.155Provision as to reciprocity S.156Power of Central Government to remove difficulties S.157Power to make rules S.158Amendments S.159Repeal and savings