Bare Act Search Results

Trade Marks Act, 1999 (47 of 1999) Chapter 8

Title: Collective Marks

State: Central

Year: 1999

.....section 63 shall not be effective unless the amended regulations are filed with the Registrar, and accepted and published by him in accordance with section 64. Section 67 - Infringement proceedings by registered proprietor of collective mark In a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users. Section 68 - Additional grounds for removal of registration of collective mark The registration of a collective mark may also be removed from the register on the ground-- (a) that the manner in which the collective mark has been used by the proprietor-or authorised user has caused it to become liable to mislead the public as a collective mark; or (b) that the proprietor has failed to observe, or to secure the observance of the . regulations governing the use of the mark. Explanation I.--For the purposes of this Chapter, unless the context otherwise requires,.....

Trade Marks Act, 1999 (47 of 1999) Section 68

Title: Additional Grounds for Removal of Registration of Collective Mark

State: Central

Year: 1999

The registration of a collective mark may also be removed from the register on the ground-- (a) that the manner in which the collective mark has been used by the proprietor-or authorised user has caused it to become liable to mislead the public as a collective mark; or (b) that the proprietor has failed to observe, or to secure the observance of the . regulations governing the use of the mark. Explanation I.--For the purposes of this Chapter, unless the context otherwise requires, "authorised user" means a member of an association authorised to use the registered collective mark of the association. Explanation II.--For the purposes of this Act, use of a collective mark by an authorised user referred to in Explanation I shall be deemed to be the use by the registered proprietor thereof.

Trade Marks Act, 1999 (47 of 1999) Section 62

Title: Collective Mark Not to Be Misleading as to Character or Significance

State: Central

Year: 1999

A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprises some indication that it is a collective mark.

Trade Marks Act, 1999 (47 of 1999) Section 63

Title: Application to Be Accompanied by Regulations Governing Use of Collective Marks

State: Central

Year: 1999

(1) An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark. (2) The regulations referred to in sub-section (1) shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.

Trade Marks Act, 1999 (47 of 1999) Section 61

Title: Special Provisions for Collective Marks

State: Central

Year: 1999

(1) The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter. (2) In relation to a collective mark the reference in clause (zb) of sub-section (1) of section 2 to distinguishing the goods or services of one person from those of others shall be construed as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

Trade Marks Act, 1999 (47 of 1999) Section 67

Title: Infringement Proceedings by Registered Proprietor of Collective Mark

State: Central

Year: 1999

In a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users.

Trade 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.....

Trade 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.....

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An 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. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: 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 date 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. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (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.....

Trade Marks Act, 1999 (47 of 1999) Chapter 1

Title: Preliminary

State: Central

Year: 1999

.....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.....