Bare Act Search Results
Home Bare Acts Phrase: associated trade marksSign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free TrialTrade Marks Act, 1999 (47 of 1999) Section 16
Title: Registration of Trade Marks as Associated Trade Marks
State: Central
Year: 1999
.....in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services. (3) Where a trade mark and any part thereof are, in accordance with the provisions of sub-section (1) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. (4) All trade marks registered in accordance with the provisions of sub-section (3) of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks. (5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 44
Title: Assignability and Transmissibility of Associated Trade Marks
State: Central
Year: 1999
Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade marks.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1999
.....grounds, namely:-- (i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion; (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user; (iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested; (d) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 16
Title: Registration of Trade Marks as Associated Trade Marks
State: Central
Year: 1958
.....as associated trade marks. (2) Where a trade mark and any part thereof are, in accordance with the provisions of sub-section (I) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks. (3) All trade marks registered in accordance with the provisions of sub-section (3) of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks. (4) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods in respect of which it is registered, and may amend the register accordingly.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Complete Act
Title: Trade Marks Act, 1999 (47 of 1999)
State: Central
Year: 1999
.....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.....
List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 55
Title: Use of One of Associated or Substantially Identical Trade Marks Equivalent to Use of Another
State: Central
Year: 1999
(1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved. (2) The use of the whole of a registered trade mark shall, for the purpose of this Act, be deemed to be also use of any trade mark being a part thereof and registered in accordance with sub-section (1) of section 15 in the name of the same proprietor. (3) Notwithstanding anything in section 32, the use of part of the registered trade mark in sub-section (2) shall not be conclusive as to its evidence of distinctiveness for any purpose under this Act.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 43
Title: Assignability and Transmissibility of Associated Trade Marks
State: Central
Year: 1958
Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall for all other purposes, be deemed to have been registered as separate trade marks.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1
Title: Trade Marks Act 1999
State: Central
Year: 1958
.....Parliament in the Fiftieth Year of the Republic of India as follows:-- CHAPTER 1. PRELIMINARY 1. Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. ______________________ 1. 15th September, 2003 vide S.O. 1048 (E), dated 15-9-2003, published in the Gazette of India, Extra., Part II, Section 3(ii), dated 15th September, 2003. 2. Definitions and interpretation (1) In this Act, unless the context otherwisere quires,-- (a) "Appellate Board" means the Appellate Board established under section 83; (b) "assignment" means an assignment in writing by act of the parties concerned; (c) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) "Bench" means a.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1958
.....in relation to those goods by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark, the tribunal may refuse an application under clause (a) or clause (b) in relation to any goods, if it is shown that there has been, before the relevent date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where in relation to any goods in resepct of which a trade mark is registered-- (a) the circumstances referred to in clause (1) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; and .....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 29
Title: Infringement of Registered Trade Marks
State: Central
Year: 1999
.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
View Complete Act List Judgments citing this section- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial