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Start Free TrialTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 3
Title: Procedure for and Duration of Registration
State: Central
Year: 1958
.....amendment of the application ; or (b) permit correction of any error in, or an amendment of, a notice of opposition or a counter-statement under section 21. Section 23 - Registration (1) Subject to the provisions of section 19, when an application for registration of a trade mark in Part A or Part B of the register has been accepted and either (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has not been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark in Part A or Part B of the register, as the case may be, and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 131, be deemed to be the date of registration. (2) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry. (3) Where registration of a trade mark is not completed within.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 92
Title: Limitation of Prosecution
State: Central
Year: 1958
No prosecution for an offence under this Act or under clause (d), clause (dd), clause (e), clause (f), clause (h), clause (i) or clause (j) of section 18 of the Sea Customs Act, 1878 (8 of 1878), shall be commenced after the expiration of three years next after the commission of the offence charged, or two years after the discovery (hereof by the prosecutor, whichever expiration first happens.
View Complete Act List Judgments citing this sectionAncient Monuments Remains Act, 1958 Section 1
Title: Short Title, Extent and Commencement
State: Central
Year: 1958
(1) This Act may be called the Ancient Monuments and Archaeological Sites and Remains Act, 1958. (2) It extends to the whole of India,1[***] (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint. ____________________________ 1. Sub-section (2) substituted by the Antiquities and Art Treasures Act (52 of 1972), section 33(i) (05-04-1976) prior to sub-section (2) was as under "but sections 22, 24, 25 and 26 shall not apply to the State of Jammu and Kashmir. "
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 131
Title: Special Provisions Relating to Applications for Registration from Citizens of Convention Countries
State: Central
Year: 1958
(1) With a view to the fulfilment of a treaty, convention or arrangement, with any country outside India which affords to citizens of India similar privileges as granted, to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act. (2) Where a person has made an application for the registration of a trade mark in a convention country and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in India within six months after the date on which the application was made in the convention country, the trade mark shall, if registered under this Act, be registered as of the date on which the application was made in the convention country and that date shall be deemed for the purpose of this Act to be the date of registration. (3) Where applications have been made for the registration of trade mark in two or more convention countries, the period of six months referred to in the last preceding sub-section shall be reckoned from the date on which the earlier or earliest of those applications was made.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 117
Title: Power to Require Goods to Show Indication of Origin
State: Central
Year: 1958
.....the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured. (2) The notification may specify the manner in which such indication shall be applied, that is to say, whether to the goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by whole sale or retail or both. (3) No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interest of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry as the Central Government may consider necessary. (4) The provisions of section 23 of the General Clauses Act, 1S97 (10 of 1897), shall apply to the issue of a notification under this section as the apply to the making of a rule or bye-law the making of which is subject to.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 111
Title: Stay of Proceedings Where the Validity of Registration of the Trade Mark is Questioned, Etc
State: Central
Year: 1958
.....application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case. (4) The final order made in any rectification proceedings referred to in subsection (1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far at it relates to the issue as to the validity of the registration of the trade mark. (5) The slay of a suit for the infringement of a trade mark under this section shall not preclude the court making any interlocutory order (including any order granting an injunction, directing accounts to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 101
Title: Extension of Time
State: Central
Year: 1958
(1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and notify the parties accordingly. (2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 11
Title: Miscellaneous
State: Central
Year: 1958
.....and of any relevenl trade mark or trade name or get up legitimately used by other persons. Section 123 - Agents Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done, instead of by that person himself, by a person duly authorised in the prescribed manner, who is-- (a) a legal practitioner, or (b) a person registered in the prescribed manner as a trade marks agent, or (c) a person in the sole and regular employment of the principal. Section 124 - Indexes There shall be kept under the direction and supervision ofthe Registrar,-- (a) an index of registered trade marks, (b) an index of trade marks in respect of whichapplications, for registration are pending, (c) an index of the names of the proprietors of registeredtrade marks, and (d) an index of the name of registered users. Section 125 - Documents open to public inspection (1) Save as otherwise provided in sub-section (5) of section 49,-- (a) the register, and any document upon which any entry in the register is based; (b) every notice of opposition.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 87
Title: Procedure Where Invalidity of Registration is Pleaded by the Accused
State: Central
Year: 1958
.....months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification of the register on the ground that the registration is invalid. (b) If the accused proves to the magistrate that he has made such application within the time so limited or within such further time as the magistrate may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for reclification and of the appeal, if any, therefrom. (c) If within a period of three months or within such extended time as may be allowed by (he magistrate the accused fails to apply to the High Court for rectification of the register, the magistrate shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the reclification of the register concerning the trade mark in question on the ground of invalidity of the regislrafion thereof has already been properly made to and is pending before the tribunal, the magistrate shall stay the further.....
View Complete Act List Judgments citing this sectionAncient Monuments Remains Act, 1958 Section 26
Title: Purchase of Antiquities by Central Government
State: Central
Year: 1958
.....the owner of the antiquity to be purchased. (2) Where a notice of2[compulsory acquisition] is issued under sub- section (1) in respect of any antiquity, such antiquity shall vest in the Central Government with effect from the date of the notice. (3) The power of2[compulsory acquisition] given by this section shall not extend to any image or symbol actually used for bona fide religious observations. ____________________________ 1. Substituted for the words "compulsory purchase of any such antiquities at their market value" by the Antiquities and Art Treasures Act (52 of 1972), section 33(iii) (b) (05-04-1976). 2. Substituted for the words "compulsory purchase" by the Antiquities and Art Treasures Act (52 of 1972), section 33(iii) (a) (05-04-1976).
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