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Home Bare Acts Phrase: certification markTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1
Title: Trade Marks Act 1999
State: Central
Year: 1958
.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 8
Title: Certification Trade Marks
State: Central
Year: 1958
.....adapted distinguish in relation to the goods in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question. Section 62 - Applications for registration of certification trade marks (1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 65. (2) Subject to the provisions of section 61, the provisions of sub-sections (1), (2), (3), (4) and (6) of section 18 and of sections 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application. (3) In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Chapter 9
Title: Certification Trade Marks
State: Central
Year: 1999
.....certify the goods in respect of which the mark is to be registered; (b) whether the draft of the regulations to be filed under section 74 is satisfactory; (c) whether in all the circumstances the registration applied for would be to the public advantage, and may either-- (i) refuse the application; or (ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters. (2) Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub-section (1) without giving the applicant an opportunity of being heard. Section 73 - Opposition to registration of certification trade marks When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in.....
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
..... 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
List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Complete Act
Title: Trade and Merchandise Marks Act, 1958 [Repealed]
State: Central
Year: 1958
.....cases Section108 - Procedure for application for rectification before a High Court Section109 - Appeals Section110 - Power of High Courts to make rules Section111 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc Section112 - Appearance of Registrar in legal proceedings Section113 - Costs of Registrar in proceedings before High Court Section114 - Registered user to be impleaded in certain proceedings Section115 - Evidence of entries in register, etc., and things done by the Registrar Section116 - Registrar and other officers not compilable to produce register, etc Section117 - Power to require goods to show indication of origin Section118 - Power to require information in respect of imported goods bearing false trade marks Section119 - Certificate of validity Section120 - Groundless threats of legal proceedings Section121 - Address for service Section122 - Trade usage, etc., to be taken into consideration Section123 - Agents Section124 - Indexes Section125 - Documents open to public inspection Section126 - Reports of Registrar to be placed before Parliament Section127 - Fees Section128 - Savings in respect of.....
List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 76
Title: Acts Not Constituting Infringement of Certification Trade Marks
State: Central
Year: 1999
.....right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services as so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor. (2) Clause (b) of sub-section (1) shall not apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary to the regulations referred to in that clause. (3) Where a certification trade mark is one of two or more trade marks registered under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 68
Title: Acts Not Constituting Infringement of Certification Trade Marks
State: Central
Year: 1958
.....used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose not the effect of the use of mark is to indicate otherwise than in accordance with the fact that the goods are certified by the proprietor. (2) Clause (b) of sub-section (1) shall not apply to the case of use consisting of (he application of a certification trade mark to goods, notwithstanding that they are such goods as are mentioned in that clause if such application is contrary to the regulations referred to in that clause. (3) Where a certification trade mark is one of two or more trade marks registered under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 61
Title: Registration of Certification Trade Marks
State: Central
Year: 1958
(1) A certification trade mark shall be registrable only in Part A of the register. (2) A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified. (3) In determining whether a certification trade mark is adapted to distinguish in accordance with the provisions of clause (c) of sub-section (I) of section 2, the tribunal may have regard to the extent to which-- (a) the mark is inherently so adapted distinguish in relation to the goods in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 74
Title: Filing of Regulations Governing Use of a Certification Trade Mark
State: Central
Year: 1999
.....which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the Registrar may by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations); and regulations so filed shall be open to inspection in like manner as the register as provided in section 148. (2) The regulations so filed may, on the application of the registered proprietor, be altered by the Registrar. (3) The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 65
Title: Deposit of Regulations Governing the Use of a Certification Trade Mark
State: Central
Year: 1958
.....include provisions as to the cases in which the proprietor is to certify goods and to authorise the use of the certification trade mark, and may contain any other provisions which the Central Government may, by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations) ; and regulations so deposited shall be open to inspection in like manner as the register. (2) The regulations so deposited may on the application of the registered proprietor be altered by the Registrar with the consent of the Central Government. (3) The Central Government may cause such application to be advertised in any case where it appears to it expedient so to do, and where it does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Central Government shall not decide the matter without giving (he parties an opportunity of being heard.
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