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Trade and Merchandise Marks Act, 1958 [Repealed] Preamble 1

Title: Trade and Merchandise Marks Act, 1958

State: Central

Year: 1958

THE TRADE AND MERCHANDISE MARKS ACT, 1958 [Act, No. 43 of 1958] [17th October, 1958] PREAMBLE An Act to provide for the registration and belter protection of trade marks and for the prevention of the vse of fraudulent marks on merchandise. be it enacted by Parliament in the Ninth Year of the Republic of India as follows:--

Trade and Merchandise Marks Act, 1958 [Repealed] Complete Act

Title: Trade and Merchandise Marks Act, 1958 [Repealed]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.....

Trade and Merchandise Marks Act, 1958 Complete Act

State: Central

Year: 1958

.....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 and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "deceptively similar" :- A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark is to be likely to deceive or cause confusion; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means- (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are: contained, as regards the goods to which it is applied, more.....

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.....

Marine Insurance Act, 1963 Section 71

Title: Partial Loss of Goods, Merchandise, Etc

State: Central

Year: 1963

.....its destination, the measure of indemnity is such proportion of the sum fixed by the policy in the case of a valued policy, or of the insurable value in the case of an unvalued policy, as the difference between the gross sound and damaged values at the place of arrival bears to the gross sound value; (4) "Gross value" means the wholesale price, or, if there be no such price, the estimated value, with, in either case, freight, landing charges, and duty paid beforehand; provided that, in the case of goods or merchandise customarily sold in bond, the bonded price is deemed to be the gross value. "Gross proceeds" means the actual price obtained at a sale where all charges on sale are paid by the sellers.

Trade and Merchandise Marks Act, 1958 [Repealed] Schedule

Title: The Schedule Amendments

State: Central

Year: 1958

..... (vii) in section 486, for the words" Whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade.mark or property mark", the words"Whoever sells, or exposes, or hasin possession for sale, any goodsor things with a counterfeit property mark" shall be substituted. 1877 1 The Specific Relief Act, 1877. In section 54, the Explanation and illustration (w) shall be omitted. 1878 8 The Sea Customs Act, 1878. In section 18, (i) for clause (d), the following clause shall be substituted, namely: "(d) goods having applied there to a false trade mark within the meaning of section 77 of the Trade and Merehandise Marks Act, 1958; (dd) goods having applied thereto a false trade description with in the meaning of clause (f) of sub-sect ion (1) of section 2 of the Trade and MerchandiseMarks Act, 1958. otherwisethan in relation to any of the matters specified in.....

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 1

Title: Preliminary

State: Central

Year: 1958

.....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 and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "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; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are contained, as regards the goods to which it is.....

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 11

Title: Miscellaneous

State: Central

Year: 1958

.....a proceeding under this Act (not being a proceeding in a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the preceding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest. Section 101 - Extension of time (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. Section 102.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 2

Title: Definitions and Interpretation

State: Central

Year: 1958

.....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 and registrable as such under the provisions of Chapter VIII in respect of those goods in the name as proprietor of the certification trade mark, of that person; (d) "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; (e) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1908 (5 of 1908); (f) "false trade description" means (i) a trade description which is untrue or misleading in a material respect as regards the goods to which it is applied; or (ii) any alteration of a trade description as regards the goods to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or (iii) any trade description which denotes or implies that there are contained, as regards the goods to which it is.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 136

Title: Repeals and Savings

State: Central

Year: 1958

.....1940 (5 of 1940), are hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request, or thing made, issued, given or done under1the Indian Merchandise Marks Act, 1889 (4 of 1889), or the Trade Marks Act, 1940 (5 of 1940), shall, if in force at the commencement of this Act, continue in force, and have effect as if made, issued, given or done under the corresponding provision of this Act. (3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof. (4) Notwithstanding anything contained in this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed. ________________________ 1. Inserted by Act 58 of 1960, section 3 and Second Schedule