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 |