The Trade Marks Act `1999An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
List of Chapters & Sections
PRELIMINARY THE REGISTER AND CONDITIONS FOR REGISTRATION PROCEDURE FOR AND DURATION OF REGISTRATION EFFECT OF REGISTRATION SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL ASSIGNMENT AND TRANSMISSION USE OF TRADE MARKS AND REGISTERED USERS RECTIFICATION AND CORRECTION OF THE REGISTER COLLECTIVE MARKS CERTIFICATION TRADE MARKS CHAPTER X.--SPECIAL PROVISIONS FOR TEXTILE GOODS Omitted.. APPELLATE BOARD OFFENCES, PENALTIES AND PROCEDURE MISCELLANEOUS
THE REGISTER AND CONDITIONS FOR REGISTRATION3Appointment of Registrar and other officers4Power of Registrar to withdraw or transfer cases, etc5Trade Marks Registry and offices thereof6The Register of Trade Marks7Classification of goods and services8Publication of alphabetical index9Absolute grounds for refusal of registration10Limitation as to colour11Relative grounds for refusal of registration12Registration in the case of honest concurrent use, etc13Prohibition of registration of names of chemical elements or international non-proprietary names14Use of names and representations of living persons or persons recently dead15Registration of parts of trade marks and of trade marks as a series16Registration of trade marks as associated trade marks17Effect of registration of parts of a mark
PROCEDURE FOR AND DURATION OF REGISTRATION18Application for registration19Withdrawal of acceptance20Advertisement of application21Opposition to registration22Correction and amendment23Registration24Jointly owned trade marks25Duration, renewal, removal and restoration of registration26Effect of removal from register for failure to pay fee for renewal
EFFECT OF REGISTRATION27No action for infringement of unregistered trade mark28Rights conferred by registration29Infringement of registered trade marks30Limits on effect of registered trade mark31Registration to be prima facie evidence of validity32Protection of registration on ground of distinctiveness in certain cases33Effect of acquiescence34Saving for vested rights35Saving for use of name, address or description of goods or services36Saving for words used as name or description of an article or substance or service
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL36AApplication of Act in case of international registration under Madrid Protocol36BDefinitions36CTrade Marks Registry to deal with international applications36DInternational application originating from India36EInternational registrations where India has been designated36FEffects of international registration36GDuration and renewal of international registration
ASSIGNMENT AND TRANSMISSION37Power of registered proprietor to assign and give receipts38Assignability and transmissibility of registered trade marks39Assignability and transmissibility of unregistered trade marks40Restriction on assignment or transmission where multiple exclusive rights would be created41Restriction on assignment or transmission when exclusive rights would be created in different parts of India42Conditions for assignment otherwise than in connection with the goodwill of a business43Assignability and transmissibility of certification trade marks44Assignability and transmissibility of associated trade marks45Registration of assignments and transmissions
USE OF TRADE MARKS AND REGISTERED USERS46Proposed use of trade mark by company to be formed, etc47Removal from register and imposition of limitations on ground of non-use48Registered users49Registration as registered user50Power of Registrar for variation or cancellation of registration as registered user51Power of Registrar to call for information relating to agreement in respect of registered users52Right of registered user to take proceedings against infringement53No right of permitted user to take proceeding against infringement54Registered user not to have right of assignment or transmission55Use of one of associated or substantially identical trade marks equivalent to use of another56Use of trade mark for export trade and use when form of trade connection changes
RECTIFICATION AND CORRECTION OF THE REGISTER
COLLECTIVE MARKS61Special provisions for collective marks62Collective mark not to be misleading as to character or significance63Application to be accompanied by regulations governing use of collective marks64Acceptance of application and regulations by Registrar65Regulations to be open to inspection66Amendment of regulations67Infringement proceedings by registered proprietor of collective mark68Additional grounds for removal of registration of collective mark
CERTIFICATION TRADE MARKS69Certain provisions of this Act not applicable to certification trade marks70Registration of certification trade marks71Applications for registration of certification trade marks72Consideration of application for registration by Registrar73Opposition to registration of certification trade marks74Filing of regulations governing use of a certification trade mark75Infringement of certification trade marks76Acts not constituting infringement of certification trade marks77Cancellation or varying of registration of certification trade marks78Rights conferred by registration of certification trade marks
CHAPTER X.--SPECIAL PROVISIONS FOR TEXTILE GOODS Omitted..
APPELLATE BOARD83Establishment of Appellate Board84Composition of Appellate Board85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members86Term of office of Chairperson, Vice-Chairperson and other Members87Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances88Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members89Resignation and removal89AQualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member90Staff of Appellate Board91Appeals to Appellate Board92Procedure and powers of Appellate Board93Bar of jurisdiction of courts, etc94Bar to appear before Appellate Board95Conditions as to making of interim orders96Power of Chairperson to transfer cases from one Bench to another97Procedure for application for rectification, etc., before Appellate Board98Appearance of Registrar in legal proceedings99Costs of Registrar in proceedings before Appellate Board100Transfer of pending proceedings to Appellate Board
OFFENCES, PENALTIES AND PROCEDURE101Meaning of applying trade marks and trade descriptions102Falsifying and falsely applying trade marks103Penalty for applying false trade marks, trade descriptions, etc104Penalty for selling goods or providing services to which false trade mark or false trade description is applied105Enhanced penalty on second or subsequent conviction106Penalty for removing piece goods, etc., contrary to section 81107Penalty for falsely representing a trade mark as registered108Penalty for improperly describing a place of business as connected with the Trade Marks Office109Penalty for falsification of entries in the register110No offence in certain cases111Forfeiture of goods112Exemption of certain persons employed in ordinary course of business113Procedure where invalidity of registration is pleaded by the accused114Offences by companies115Cognizance of certain offences and the powers of police officer for search and seizure116Evidence of origin of goods imported by sea117Costs of defence or prosecution118Limitation of prosecution119Information as to commission of offence120Punishment of abetment in India of acts done out of India121Instructions of Central Government as to permissible variation to be observed by criminal courts
MISCELLANEOUS122Protection of action taken in good faith123Certain persons to be public servants124Stay of proceedings where the validity of registration of the trade mark is questioned, etc125Application for rectification of register to be made to Appellate Board in certain cases126Implied warranty on sale of marked goods127Powers of Registrar128Exercise of discretionary power by Registrar129Evidence before Registrar130Death of party to a proceeding131Extension of time132Abandonment133Preliminary advice by the Registrar as to distinctiveness134Suit for infringement, etc., to be instituted before District Court135Relief in suits for infringement or for passing off136Registered user to be impleaded in certain proceedings137Evidence of entries in register, etc., and things done by the Registrar138Registrar and other officers not compellable to produce register, etc139Power to require goods to show indication of origin140Power to require information of imported goods bearing false trade marks141Certificate of validity142Groundless threats of legal proceedings143Address for service144Trade usages, etc., to be taken into consideration145Agents146Marks registered by an agent or representative without authority147Indexes148Documents open to public inspection149Reports of Registrar to be placed before Parliament150Fees and surcharge151Savings in respect of certain matters in Chapter XII152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908153Government to be bound154Special provisions relating to applications for registration from citizens of convention countries155Provision as to reciprocity156Power of Central Government to remove difficulties157Power to make rules158Amendments159Repeal and savings