| SECTIONS |
Trade Marks Act, 1999
As amended upto date |
| |
|
| |
Preamble |
| |
|
| |
CHAPTER I : PRELIMINARY |
| 1. |
Short
title, extent and commencement |
| 2. |
Definitions
and interpretation |
| |
|
| |
CHAPTER II : 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 offices 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 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, removal and restoration of registration |
| 26. |
Effect
of removal from register for failure to pay fee for renewal |
| |
|
| |
CHAPTER IV : EFFECT OF REGISTRATION |
| 27. |
No
action for infringement of unregistered mark |
| 28. |
Rights
conferred by registration |
| 29. |
Infringement
of registered trade marks |
| 30. |
Limits
on 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 of an article or
substance or service |
| |
|
| |
CHAPTER IVA : SPECIAL PROVISIONS RELATING TO
PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION
UNDER THE MADRID PROTOCOL |
| 36-A. |
Application
of Act in case of international registration under Madrid
Protocol |
| 36-B. |
Definitions |
| 36-C. |
Trade
Marks Registry to deal with international applications |
| 36-D. |
International
application originating from India |
| 36-E. |
International
registrations where India has been designated |
| 36-F. |
Effects
of international registration |
| 36-G. |
Duration
and renewal of international registration |
| |
|
| |
CHAPTER V : 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 of associated trade marks |
| 45. |
Registration
of assignments and transmissions |
| |
|
| |
CHAPTER VI : 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
of registered user to take proceedings against infringement |
| 53. |
No
right of permitted user to take proceeding 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 VII : 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 VIII : COLLECTIVE MARKS |
| 61. |
Special
provisions for collective marks |
| 62. |
Collective
mark not to be misleading as 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 IX : 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. |
Filing
of regulations governing use of a certification 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 marks |
| 78. |
Rights
conferred by registration of certification trade marks |
| |
|
| |
CHAPTER X SPECIAL PROVISIONS FOR TEXTILE GOODS |
| 79. |
[Omitted]
Textile goods |
| 80. |
[Omitted]
Restriction on registration of textile goods |
| 81. |
[Omitted]
Stamping of piece goods, cotton yarn and thread |
| 82. |
[Omitted]
Determination of character of textile goods by sampling |
| |
|
| |
CHAPTER XI : APPELLATE BOARD |
| 83. |
Establishment
of Appellate Board |
| 84. |
Composition
of Appellate Board |
| 85. |
Qualifications
for appointment as Chairman, Vice-Chairman, or other Members |
| 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 Appellate Board |
| 100. |
Transfer of pending proceedings to Appellate Board |
| |
|
| |
CHAPTER XII : 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 defence or prosecution |
| 118. |
Limitation of prosecution |
| 119. |
Information as to commission of offence |
| 120. |
Punishment of abetment in India of acts done out of India |
| 121. |
Instructions of Central Government as to permissible variation to be observed by criminal courts |
| |
|
| |
CHAPTER XIII : 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 marks 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 proceeding |
| 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 |
| 145. |
Agents |
| 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 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. |
Provision as to reciprocity |
| 156. |
Power of Central Government to remove difficulties |
| 157. |
Power to make rules |
| 158. |
Amendments |
| 159. |
Repeal and savings |
| |
|
| |
SCHEDULE |
