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Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1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.....

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Trade Marks Act, 1999 (47 of 1999) Section 101

Title: Meaning of Applying Trade Marks and Trade Descriptions

State: Central

Year: 1999

.....for any purpose of trade or manufacture, or (c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or (d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

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Trade and Merchandise Marks Act, 1958 [Repealed] Section 35

Title: Saving for Words Used as Name or Description of an Article or Substance

State: Central

Year: 1958

.....trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or (b) that the article or substance was formerly manufactured under a patent, that a period of two years or more after the cesser of the patent has elapsed, and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply. (2) Where the facts mentioned in clause (a) or clause (b), of the proviso to subsection (1) are proved with respect to any words, then-- (a) for the purposes of any proceedings under section 56-- (i) if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, shall be deemed to be an entry wrongly remaining on the register; (ii) if the trade mark contains such words and other matter, the tribunal in deciding whether the trade mark shall remain on the register, so far as regards registration in respect of the article or substance in question and of any goods of the same description, may, in case of a decision in favour of its remaining.....

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Trade and Merchandise Marks Act, 1958 [Repealed] Section 76

Title: Meaning of Applying Trade Marks and Trade Descriptions

State: Central

Year: 1958

.....possession for sale or for any purpose of trade or manufacture; or (c) places, encloses, or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or (d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods in connection with which it is used are designated or described by that trade mark or mark or trade description; or (e) in relation to the goods uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list, or other commercial document, and goods are delivered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

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Trade 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

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Trade 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.....

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Trade 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.

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Trade Marks Act, 1999 (47 of 1999) Section 36

Title: Saving for Words Used as Name or Description of an Article or Substance or Service

State: Central

Year: 1999

.....of a certification trade mark) in relation to goods or services certified by the proprietor; or (b) that the article or substance was formerly manufactured under a patent that a period of two years or more after the cesser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply. (2) Where the facts mentioned in clause (a) or clause (b) of the proviso to sub-section (1) are proved with respect to any words, then,-- (a) for the purpose of any proceedings under section 57 if the trade mark consists solely of such words, the registration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wrongly remaining on the register; (b) for the purposes of any other legal proceedings relating to the trade mark,-- (i) if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark; or (ii) if.....

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Trade Marks Act, 1999 (47 of 1999) Chapter 6

Title: Use of Trade Marks and Registered Users

State: Central

Year: 1999

.....in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or (b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: Provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services 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 or services, if it is shown that there has been, before the relevant date or during.....

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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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