SECTIONS | Trade Marks Act, 1999 As amended upto date |
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| Preamble |
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| CHAPTER I : PRELIMINARY |
1. | Short title, extent and commencement |
2. | Definitions and interpretation |
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| 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 |
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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, removal 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 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| SCHEDULE |