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Trade and Merchandise Marks Act, 1958 [Repealed] Section 12

Title: Prohibition of Registration of Identical or Deceptively Similar Trade Marks

State: Central

Year: 1958

(1) Save as provided in sub-section (3), no trade mark shall be registered in respect of any goods or description of goods which is identical with or deceptively similar to a trade mark which is already registered in the name of different proprietor in respect of the same goods or description of goods. (2) Where separate applications are made by different persons to be registered as proprietors respectively of trade marks which are identical or nearly resemble each other in respect of the same goods or description of goods the Registrar may defer the acceptance of the application or applications bearing a later date until after the deermination of the proceedings in respect of the earlier application, and may dispose of such application or applications in the light of the evidence tendered in relation to earlier application and the oppositions thereto, if any. (3) In case of honest concurrent use or of other special circumstances which, in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of trade marks which are identical or nearly resemble each other (whether any such trade mark is already registered or not).....

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Indian Penal Code (45 of 1860) Section 489E

Title: Making or Using Documents Resembling Currency-notes or Bank-notes

State: Central

Year: 1860

1 [489E. Making or using documents resembling currency-notes or bank-notes (1) Whoever makes, or causes to be made, or uses for any purpose whatsoever, or delivers to any person, any document purporting to be, or in any way resembling, or so nearly resembling as to be calculated to deceive any currency-note or bank-note shall be punished with fine which may extend to one hundred rupees. (2) If any person, whose name appears on a document the making of which is an offence under sub-section (1), refuses, without lawful excuse, to disclose to a police-officer on being so required the name and address of the person by whom it was printed or otherwise made, he shall be punished with fine which may extend to two hundred rupees. (3) Where the name of any person appears on any document in respect of which any person is charged with an offence under sub-section (1) or on any other document used or distributed in connection with that document it may, until the contrary is proved, be presumed that person caused the document to be made.] ________________________ 1. Inserted by Act 6 of 1943, section 2.

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Securities and Exchange Board of India Act, 1992 Chapter VA

Title: Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities or Control

State: Central

Year: 1992

1 [CHAPTER VA PROHIBITION OF MANIPULATIVE AND DECEPTIVE DEVICES, INSIDER TRADING AND SUBSTANTIAL ACQUISITION OF SECURITIES OR CONTROL ______________________ 1.Inserted by by Act 59 of 2002, section 7(w.r.e.f. 29-10-2002).

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Securities and Exchange Board of India Act, 1992 Section 12A

Title: Prohibition of Manipulative and Deceptive Devices, Insider Trading and Substantial Acquisition of Securities Orcontrol

State: Central

Year: 1992

.....made thereunder; (b) employ any device, scheme or artifice to defraud in connection with issue or dealing in securities which are listed or proposed to be listed on a recognised stock exchange; (c) engage in any act, practice, course of business which operates or would operate as fraud or deceit upon any person, in connection with the issue, dealing in securities which are listed or proposed to be listed on a recognised stock exchange, in contravention of the provisions of this Act or the rules or the regulations made thereunder; (d) engage in insider trading; (e) deal in securities while in possession of material or non-public information or communicate such material or non-public information to any other person, in a manner which is in contravention of the provisions of this Act or the rules or the regulations made thereunder; (f) acquire control of any company or securities more than the percentage of equity share capital of a company whose securities are listed or proposed to be listed on a recognised stock exchange in contravention of the regulations made under this Act.]

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Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

TRADE AND MERCHANDISE MARKS ACT, 1958 TRADE AND MERCHANDISE MARKS ACT, 1958 43 of 1958 An Act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise. Be it enacted by parliament in the ninth year of the republic of India as follows - SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT (1) The Act may be called the Trade and Merchandise Marks Act, 1958. (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. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires,- (a) "assignment" means an assignment in writing by act of the parties concerned; (b) "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (c) "certification trade mark" means a mark adapted in relation to any goods to distinguish, in the course of trade, goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified.....

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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.....

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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.....

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The Indian Penal Code 1860 Complete Act

State: Central

Year: 1860

.....1908, `India', means the territory of India excluding the State of Jammu and Kashmir. Under s. 2(e) of the Monopolies and Restrictive Trade Practices Act, 1969, `India' means for the purposes of this Act the territories to which this Act extends (i.e., whole of India except the State of Jammu and Kashmir). According to s. 2(27) of Customs Act, 1962, `India' includes the territorial waters of India. SECTION 19: "JUDGE" The word "judge" denotes not only every person who is officially designated as a Judge, but also every person, who is empowered by law to give, in any legal proceeding, civil or criminal, a definitive judgement or a judgement which, if not appealed against, would be definitive, or a judgement which, if confirmed by some other authority, would be definitive, or who is one of a body of persons, which body of persons is empowered by law to give such a judgement. Illustrations (a) A Collector exercising jurisdiction in a suit under Act 10 of 1859, is a Judge. (b) A Magistrate exercising jurisdiction in respect of a charge on which he has power to sentence to fine or imprisonment, with or without appeal, is a Judge. (c) A member of a Panchayat which has power.....

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The Standards of Weights & Measures (Enforcement) Act, 1985 Complete Act

State: Himachal

Year: 1985

.....a weight, measure or number which conforms to the standards established in relation thereto by or under the Standards Act; (m) "State Act" means the Act enacted by the Legislature of a State for the enforcement of the standards established by or under the Standards of Weights and Measures Act, 1956 (89 of 1956); (n) "State Government", in relation to a Union Territory, means the Administrator thereof; (o) words and expressions used in this Act and not defined but defined in the Standards Act shall have the meanings respectively assigned to them in that Act. Section 4 - Provisions of this Act to over ride the Provisions of any other law, except the Standards Act The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Standards Act or in any instrument having effect by virtue of any enactment other than this Act or the Standards Act. Section 5 - Appointment of Controller, Inspectors, and other officers and staff (1) The State Government may, by notification, appoint a Controller of Legal Metrology for the state and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors, and.....

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Geographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference- (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....

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