Lawgist133Preliminary advice by the Registrar as to distinctiveness
(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive.
(2) If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice, to the applicant of objection on the ground that the trade mark is not distinctive, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.
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- 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 mark 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
