| SECTIONS |
Trade
and Merchandise Marks Act, 1958 |
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Preamble |
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CHAPTER I: PRELIMINARY |
| 1. |
Short
title, extent and commencement |
| 2. |
Definition
and interpretation |
| 3. |
High
Court having jurisdiction |
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CHAPTER II: THE REGISTER AND CONDITIONS FOR
REGISTRATION |
| 4. |
Registrar
of Trade Marks |
| 5. |
Trade
Marks Registry and offices thereof |
| 6. |
The
Register of Trade Marks |
| 7. |
Part
A and Part B of the register |
| 8. |
Registration
to be in respect of particular goods |
| 9. |
Requisites
for registration in Parts A and B of the register |
| 10. |
Limitation
as to colour |
| 11. |
Prohibition
of registration of certain marks |
| 12. |
Prohibition
of registration of identical or deceptively similar trade
marks |
| 13. |
Prohibition
of registration of names of chemical elements |
| 14. |
Use
of names and representations of living persons or person
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. |
Registration
of trade marks subject to disclaimer |
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CHAPTER III: 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 and restoration of registration |
| 26. |
Effect
of removal from register for failure to pay fee for renewal |
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CHAPTER IV: EFFECT OF REGISTRATION |
| 27. |
No
action for infringement of unregistered trade mark |
| 28. |
Rights
conferred by registration |
| 29. |
Infringement
of trade marks |
| 30. |
Acts
not constituting infringement |
| 31. |
Registration
to be prima facie evidence of validity |
| 32. |
Registration
to be conclusive as to validity after seven years |
| 33. |
Saving
for vested rights |
| 34. |
Saving
for use of name, address or description of goods |
| 35. |
Saving
for words used as name or description of an article or
substance |
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CHAPTER V: ASSIGNMENT AND TRANSMISSION |
| 36. |
Power
of registered proprietor to assign and give receipts |
| 37. |
Assignability
and transmissibility of registered trade marks |
| 38. |
Assignability
and transmissibility of unregistered trade marks |
| 39. |
Restrictions
on assignment or transmission where multiple exclusive
rights would be created |
| 40. |
Restrictions
on assignment or transmission when exclusive rights would
be created in different. parts of India |
| 41. |
Conditions
for assignment otherwise than in connection with the goodwill
of a business |
| 42. |
Assignability
and transmissibility of certification trade marks |
| 43. |
Assignability
and transmissibility of associated trade marks |
| 44. |
Registration
of assignments and transmissions |
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CHAPTER VI: USE OF TRADE MARKS AND REGISTERED
USERS |
| 45. |
Proposed
use of trade mark by company to be formed |
| 46. |
Removal
from register and imposition of limitation on ground of
non-use |
| 47. |
Defensive
registration of well-known trade marks |
| 48. |
Registered
users |
| 49. |
Application
for registration as registered users |
| 50. |
Existing
registration of registered users not to have effect after
three years |
| 51. |
Power
of registered user to take proceedings against infringement |
| 52. |
Power
of Registrar to vary or cancel registration as registered
user |
| 53. |
Registered
user not to have right of assignment or |
| 54. |
Use
of one of associated or substantially identical trade
marks equivalent to use of another |
| 55. |
Use
of trade mark for export trade and use when form of trade
connection changes |
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CHAPTER VII: RECTIFICATION AND CORRECTION OF
THE REGISTER |
| 56. |
Power
to cancel or vary registration and to rectify the register |
| 57. |
Correction
of register |
| 58. |
Alteration
of registered trade marks |
| 59. |
Adaptation
of entries in register to amended or substituted classification
of goods |
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CHAPTER VIII: CERTIFICATION TRADE MARKS |
| 60. |
Certain
provisions of this Act not applicable to certification
trade marks |
| 61. |
Registration
of certification trade marks |
| 62. |
Application
for registration of certification trade marks |
| 63. |
Consideration
of application for registration by Central Government |
| 64. |
Opposition
to registration of certification trade marks |
| 65. |
Deposit
of regulation governing the use of a certification trade
mark |
| 66. |
Rights
conferred by registration of certification trade marks |
| 67. |
Infringement
of certification trade marks |
| 68. |
Act
not constituting infringement of certification trade marks |
| 69. |
Cancellation
or varying of registration |
| 70. |
Registrar
to give effect to orders of Central Government |
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CHAPTER IX: SPECIAL PROVISIONS FOR TEXTILE GOODS |
| 71. |
Textile
goods |
| 72. |
Restriction
on registration of textile goods |
| 73. |
Refused
Textile Marks List |
| 74. |
Stamping
of piece goods, cotton yarn and thread |
| 75. |
Determination
of character of textile goods by sampling |
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CHAPTER X: OFFENCES, PENALTIES AND PROCEDURE |
| 76. |
Meaning
of applying trade marks and trade descriptions |
| 77. |
Falsifying
and falsely applying trade marks |
| 78. |
Penalty
for applying false trade marks, trade descriptions, etc. |
| 79. |
Penalty
for selling goods to which a false trade mark or false
trade description is applied |
| 80. |
Penalty
for removing piece goods, etc., contrary to Sec. 74 |
| 81. |
Penalty
for falsely representing a trade mark as registered |
| 82. |
Penalty
for improperly describing a place of business as connected
with the Trade Marks Office |
| 83. |
Penalty
for falsification of entries in the register |
| 84. |
No
offence in certain cases |
| 85. |
Forfeiture
of goods |
| 86. |
Exemption
of certain persons employed in ordinary course of business |
| 87. |
Procedure
where invalidity of registration is pleaded by the accused |
| 88. |
Offences
by companies |
| 89. |
Cognizance
of certain offences |
| 90. |
Evidence
of origin of goods imported by sea |
| 91. |
Costs
of defence or prosecution |
| 92. |
Limitation
of prosecution |
| 93. |
Information
as to commission of offence |
| 94. |
Punishment
of abetment in India of acts done out of India |
| 95. |
Instructions
by Central Government as to permissible variations to
be observed by Criminal Courts |
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CHAPTER XI: MISCELLANEOUS |
| 96. |
Implied
warranty on sale of marked goods |
| 97. |
Powers
of Registrar |
| 98. |
Exercise
of discretionary power by Registrar |
| 99. |
Evidence
before the Registrar |
| 100. |
Death
of party to a proceeding |
| 101. |
Extension
of time |
| 102. |
Abandonment |
| 103. |
Preliminary
advice by the Registrar as to distinctiveness |
| 104. |
Procedure
before Central Government |
| 105. |
Suit
for infringement, etc. to be instituted before District
Court |
| 106. |
Reliefs
in suits for infringement or for passing off |
| 107. |
Application
for rectification of register to be made to High Court
in certain cases |
| 108. |
Procedure
for application for rectification before a High Court |
| 109. |
Appeals |
| 110. |
Power
of High Courts to make rules |
| 111. |
Stay
of proceedings where the validity of registration of the
trade mark is questioned, etc |
| 112. |
Appearance
of Registrar in legal proceedings |
| 113. |
Costs
of Registrar in proceedings before High Court |
| 114. |
Registered
user to be impleaded in certain proceedings |
| 115. |
Evidence
of entries in register, etc., and things done by the Registrar |
| 116. |
Registrar
and other officers not compellable to produce register
etc |
| 117. |
Power
to require goods to show indication of origin |
| 118. |
Power
to require information in respect of imported goods bearing
false trade marks |
| 119. |
Certificate
of validity |
| 120. |
Groundless
threats of legal proceedings |
| 121. |
Address
for service |
| 122. |
Trade
usage, etc., to be taken into consideration |
| 123. |
Agents |
| 124. |
Indexes |
| 125. |
Documents
open to public inspection |
| 126. |
Reports
of Registrar to be placed before Parliament |
| 127. |
Fees |
| 128. |
Savings
in respect of certain matters in Chapter X |
| 129. |
Declaration
as to ownership of trade mark not registrable under the
Indian Registration Act, 1908 |
| 130. |
Government
to be bound |
| 131. |
Special
provisions relating to applications for registration from
citizens of convention countries |
| 132. |
Provision
as to reciprocity |
| 133. |
Power
of Central Government to make rules |
| 134. |
Laying
of rules before Parliament |
| 135. |
Amendments |
| 136. |
Repeals
and savings |
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THE
SCHEDULE |
