Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Preamble 1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

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1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

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

.....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.....

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

Trade and Merchandise Marks Act, 1958 [Repealed] Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1958

(1) The Act may be called the Trade and Merchandise Marks Act, 1958. (1) It extends to the whole of India. (2) It shall come into force on such date 1as the Central Government may, by notification in the Official Gazette, appoint. ______________________ 1. Came into force on 25-11-1959, see Gazette of India, 1959, Extra. Pt. II, section, 3(ii), p. 583.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 133

Title: Power of Central Government to Make Rules

State: Central

Year: 1958

..... (f) the form of certificates of registration; (g) the further documents, information or evidence which should accompany an application under sub-section (t) of section 49; (h) the prescribing of classes of goods as textile goods for the purposes of section 71; (i) the awarding of cost by the Registrar under section. 97; (j) the conditions subject to which a person may be registered as a trade marks agent, and the conditions subject to which an agent referred to in section 123 may act; (k) the fees to be paid under this Act; (l) the establishment of Offices of the Trade Marks Registry for facilitating the working of this Act, the territorial jurisdiction of each office of the Trade Marks Registry and the preparation of the copies of the register to be kept at such offices; (m) the transfer of applications and proceedings pending at the commencement of this Act in any office of the Registry to the appropriate office of the Registry; (n) the manner in which, in proceedings under this Act before the Central Government or the Registrar, applications shall be made, notices given and matters advertised; (o) the times or periods required by this Act to be prescribed; .....