(1)

In this Act, unless the context otherwise requires,—

(a) [Clauses (a) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021)]

(b) “assignment” means an assignment in writing by act of the parties concerned;

(c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;

(d) [Clauses (d) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021)]

(e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;

(f) [Clauses (f) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021)]

(g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;

(h) “deceptively similar”.—

(i) “false trade description” means—

(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;

(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or

(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials—

(a) is or are not a trade mark or part of a trade mark; and

(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and

(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services,

(j) “goods” means anything which is the subject of trade or manufacture;

(k) [Clauses (k) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021)]

(l) “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;

(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;

(n) [Clauses (n) omitted by Act 33 of 2021, s. 21 (w.e.f. 4-4-2021)]

(o) “name” includes any abbreviation of a name;

(p) “notify” means to notify in the Trade Mark Journal published by the Registrar;

(q) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;

(r) “permitted use”, in relation to a registered trade mark, means the use of trade mark—

(a) with which he is connected in the course of trade; and

(b) in respect of which the trade mark remains registered for the time being; and

(c) for which he is registered as registered user; and

(d) which complies with any conditions or limitations to which the registration of registered user is subject; or

(a) with which he is connected in the course of trade; and

(b) in respect of which the trade mark remains registered for the time being; and

(c) by consent of such registered proprietor in a written agreement; and

(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;

(s) [ “prescribed” means;

(t) “register” means the Register of Trade Marks referred to in sub-section (1) of section 6;

(u) “registered” (with its grammatical variations) means registered under this Act;

(v) “registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;

(w) “registered trade mark” means a trade mark which is actually on the register and remaining in force;

(x) “registered user” means a person who is for the time being registered as such under section 49;

(y) “Registrar” means the Registrar of Trade Marks referred to in section 3;

(z) “service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;

(a) any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;

(b) the description as to any imported goods contained in any bill of entry or shipping bill;

(c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;

(2)

In this Act, unless the context otherwise requires, any reference—

(a) to “trade mark” shall include reference to “collective mark” or “certification trade mark”;

(b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark;

(c) to the use of a mark,—

(d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;

(e) to the Trade Marks Registry shall be construed as including a reference to any office of the Trade Marks Registry.

(3)

For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services.

(4)

For the purposes of this Act, “existing registered trade mark” means a trade mark registered under the Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of this Act.