Act Info:Preamble1 - THE TRADE MARKS ACT, 1999
Chapter 1
Section1 - Short title, extent and commencement
Section2 - Definitions and interpretation
Chapter 2
Section3 - Appointment of Registrar and other officers
Section4 - Power of Registrar to withdraw or transfer cases, etc.
Section5 - Trade Marks Registry and offices thereof
Section6 - The Register of Trade Marks
Section7 - Classification of goods and services
Section8 - Publication of alphabetical index
Section9 - Absolute grounds for refusal of registration
Section10 - Limitation as to colour
Section11 - Relative grounds for refusal of registration
Section12 - Registration in the case of honest concurrent use, etc.
Section13 - Prohibition of registration of names of chemical elements or international non-proprietary names
Section14 - Use of names and representations of living persons or persons recently dead
Section15 - Registration of parts of trade marks and of trade marks as a series
Section16 - Registration of trade marks as associated trade marks
Section17 - Effect of registration of parts of a mark
Chapter 3
Section18 - Application for registration
Section19 - Withdrawal of acceptance
Section20 - Advertisement of application
Section21 - Opposition to registration
Section22 - Correction and amendment
Section23 - Registration
Section24 - Jointly owned trade marks
Section25 - Duration, renewal, removal and restoration of registration
Section26 - Effect of removal from register for failure to pay fee for renewal
Chapter 4
Section27 - No action for infringement of unregistered mark
Section28 - Rights conferred by registration
Section29 - Infringement of registered trade marks
Section30 - Limits on effect of registered trade mark
Section31 - Registration to be prima facie evidence of validity
Section32 - Protection of registration on ground of distinctiveness in certain cases
Section33 - Effect of acquiescence
Section34 - Saving for vested rights
Section35 - Saving for use of name, address or description of goods or services
Section36 - Saving for words used as name or description of an article or substance or service
Chapter 5
Section37 - Power of registered proprietor to assign and give receipts
Section38 - Assignability and transmissibility of registered trade marks
Section39 - Assignability and transmissibility of unregistered trade marks
Section40 - Restriction on assignment or transmission where multiple exclusive rights would be created
Section41 - Restriction on assignment or transmission when exclusive rights would be created in different parts of India
Section42 - Conditions for assignment otherwise than in connection with the goodwill of a business
Section43 - Assignability and transmissibility of certification trade marks
Section44 - Assignability and transmissibility of associated trade marks
Section45 - Registration of assignments and transmissions
Chapter 6
Section46 - Proposed use of trade mark by company to be formed, etc.
Section47 - Removal from register and imposition of limitations on ground of non-use
Section48 - Registered users
Section49 - Registration as registered user
Section50 - Power of Registrar for variation or cancellation of registration as registered user
Section51 - Power of Registrar to call for information relating to agreement in respect of registered users
Section52 - Right of registered user to take proceedings against infringement
Section53 - No right of permitted user to take proceeding against infringement
Section54 - Registered user not to have right of assignment or transmission
Section55 - Use of one of associated or substantially identical trade marks equivalent to use of another
Section56 - Use of trade mark for export trade and use when form of trade connection changes
Chapter 7
Section57 - Power to cancel or vary registration and to rectify the register
Section58 - Correction of register
Section59 - Alteration of registered trade marks
Section60 - Adaptation of entries in register to amended or substituted classification of goods or services
Chapter 8
Section61 - Special provisions for collective marks
Section62 - Collective mark not to be misleading as to character or significance
Section63 - Application to be accompanied by regulations governing use of collective marks
Section64 - Acceptance of application and regulations by Registrar
Section65 - Regulations to be open to inspection
Section66 - Amendment of regulations
Section67 - Infringement proceedings by registered proprietor of collective mark
Section68 - Additional grounds for removal of registration of collective mark
Chapter 9
Section69 - Certain provisions of this Act not applicable to certification trade marks
Section70 - Registration of certification trade marks
Section71 - Applications for registration of certification trade marks
Section72 - Consideration of application for registration by the Registrar
Section73 - Opposition to registration of certification trade marks
Section74 - Filing of regulations governing use of a certification trade mark
Section75 - Infringement of certification trade marks
Section76 - Acts not constituting infringement of certification trade marks
Section77 - Cancellation or varying of registration of certification trade marks
Section78 - Rights conferred by registration of certification trade marks
Chapter 10
Section79 - Textile goods
Section80 - Restriction on registration of textile goods
Section81 - Stamping of piece goods, cotton yarn and thread
Section82 - Determination of character of textile goods by sampling
Chapter 11
Section84 - Composition of Appellate Board
Section83 - Establishment of Appellate Board
Section85 - Qualifications for appointment as Chairman, Vice-Chairman, or other Members
Section86 - Term of office of Chairman, Vice-Chairman and other Members
Section87 - Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
Section88 - Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
Section89 - Resignation and removal
Section90 - Staff of Appellate Board
Section91 - Appeals to Appellate Board
Section92 - Procedure and powers of Appellate Board
Section93 - Bar of jurisdiction of courts, etc.
Section94 - Bar to appear before Appellate Board
Section95 - Conditions as to making of interim orders
Section96 - Power of Chairman to transfer cases from one Bench to another
Section97 - Procedure for application for rectification, etc., before Appellate Board
Section98 - Appearance of Registrar in legal proceedings
Section99 - Costs of Registrar in proceedings before Appellate Board
Section100 - Transfer of pending proceedings to Appellate Board
Chapter 12
Section101 - Meaning of applying trade marks and trade descriptions
Section102 - Falsifying and falsely applying trade marks
Section103 - Penalty for applying false trade marks, trade descriptions, etc.
Section104 - Penalty for selling goods or providing services to which false trade mark or false trade description is applied
Section105 - Enhanced penalty on second or subsequent conviction
Section106 - Penalty for removing piece goods, etc., contrary to section 81
Section107 - Penalty for falsely representing a trade mark as registered
Section108 - Penalty for improperly describing a place of business as connected with the Trade Marks Office
Section109 - Penalty for falsification of entries in the register
Section110 - No offence in certain cases
Section111 - Forfeiture of goods
Section112 - Exemption of certain persons employed in ordinary course of business
Section113 - Procedure where invalidity of registration is pleaded by the accused
Section114 - Offences by companies
Section115 - Cognizance of certain offences and the powers of police officer for search and seizure
Section116 - Evidence of origin of goods imported by sea
Section117 - Costs of defence or prosecution
Section118 - Limitation of prosecution
Section119 - Information as to commission of offence
Section120 - Punishment of abetment in India of acts done out of India
Section121 - Instructions of Central Government as to permissible variation to be observed by criminal courts
Chapter 13
Section122 - Protection of action taken in good faith
Section123 - Certain persons to be public servants
Section124 - Stay of proceedings where the validity of registration of the trade marks is questioned, etc.
Section125 - Application for rectification of register to be made to Appellate Board in certain cases
Section126 - Implied warranty on sale of marked goods
Section127 - Powers of Registrar
Section128 - Exercise of discretionary power by Registrar
Section129 - Evidence before Registrar
Section130 - Death of party to a proceeding
Section131 - Extension of time
Section132 - Abandonment
Section133 - Preliminary advice by the Registrar as to distinctiveness
Section134 - Suit for infringement, etc., to be instituted before District Court
Section135 - Relief in suits for infringement or for passing off
Section136 - Registered user to be impleaded in certain proceedings
Section137 - Evidence of entries in register, etc., and things done by the Registrar
Section138 - Registrar and other officers not compellable to produce register, etc.
Section139 - Power to require goods to show indication of origin
Section140 - Power to require information of imported goods bearing false trade marks
Section141 - Certificate of validity
Section142 - Groundless threats of legal proceedings
Section143 - Address for service
Section144 - Trade usages, etc., to be taken into consideration
Section145 - Agents
Section146 - Marks registered by an agent or representative without authority
Section147 - Indexes
Section148 - Documents open to public inspection
Section149 - Reports of Registrar to be placed before Parliament
Section150 - Fees and surcharge
Section151 - Savings in respect of certain matters in Chapter XII
Section152 - Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
Section153 - Government to be bound
Section154 - Special provisions relating to applications for registration from citizens of convention countries
Section155 - Provision as to reciprocity
Section156 - Power of Central Government to remove difficulties
Section157 - Power to make rules
Section158 - Amendments
Section159 - Repeal and savings
Schedule1 - THE SCHEDULE