| SECTIONS | Trade and Merchandise Marks Act, 1958 |
| | |
| | Preamble |
| | |
| | CHAPTER I: PRELIMINARY |
| 1. | Short title, extent and commencement |
| 2. | Definition and interpretation |
| 3. | High Court having jurisdiction |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | 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 |
| | |
| | THE SCHEDULE |
