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Start Free TrialTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1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.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1958
.....in relation to those goods by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of the goods 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, if it is shown that there has been, before the relevent date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered. (2) Where in relation to any goods in resepct of which a trade mark is registered-- (a) the circumstances referred to in clause (1) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; and .....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 29
Title: Infringement of Registered Trade Marks
State: Central
Year: 1999
.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1999
.....grounds, namely:-- (i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion; (ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user; (iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user; (iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested; (d) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to.....
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 and Merchandise Marks Act, 1958 [Repealed] Chapter 8
Title: Certification Trade Marks
State: Central
Year: 1958
.....to impose or make, and the Registrar shall dispose of the matter in accordance with the directions issued by the Central Government under this sub-section. Section 65 - Deposit of regulations governing the use of a certification trade mark (1) There shall be desposited at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulation approved by the Central Government for governing the use thereof, which shall 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.....
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
.....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.....
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
.....- No action for infringement of unregistered trade mark Section28 - Rights conferred by registration Section29 - Infringement of trade marks Section30 - Acts not constituting infringement Section31 - Registration to be prima fade evidence of validity Section32 - Registration to be conclusive as to validity after seven years Section33 - Saving for vested rights Section34 - Saving for use of name, address or description of goods Section35 - Saving for words used as name or description of an article or substance Chapter 5 Section36 - Power of registered proprietor to assign and give receipts Section37 - Assign ability and transmissibility of registered trade marks Section38 - Assignability and transmissibility of unregistered trade marks Section39 - Restrictions on assignment or transmission where multiple exclusive rights would be created Section40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Section41 - Conditions for assignment otherwise than in connection with the goodwill of a business Section42 - Assignability and transmissibility of certification trade marks Section43 - Assignability and.....
List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 47
Title: Defensive Registration of Well-known Trade Marks
State: Central
Year: 1958
.....trade mark, or may be cancelled as respects any goods in relation to which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would be taken as giving the indication mentioned in sub-section (1). (5) The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark. (6) Except as otherwise expressly provided in this section, the provisions of this Act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases.
View Complete Act List Judgments citing this sectionThe Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.] Complete Act
Title: The Trade Marks (Amendment) Act, 2010 No. 40 of 2010[21st September, 2010.]
State: Central
Year: 2010
.....such fee as may be prescribed, to the Registrar, of opposition to the registration.". 4. Amendment of section 23. - In section 23 of the principal Act, in sub-section (1), after the words "register the said trade mark", the words "within eighteen months of the filing of the application" shall be inserted. 5. Insertion of new Chapter IVA. - After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:- CHAPTER IVASPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL 36A. Application of Act in case of international registration under Madrid Protocol. - The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.36B. Definitions. - In this Chapter, unless the context otherwise requires,-(a) "application", in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may.....
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