Bare Act Search Results

Trade Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: 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 date 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. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (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.....

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.

Trade Marks Act, 1999 (47 of 1999) Chapter 4

Title: Effect of Registration

State: Central

Year: 1999

..... Section 32 - Protection of registration on ground of distinctiveness in certain cases Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered. Section 33 - Effect of acquiescence (1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark-- (a) to apply for a declaration that the registration of the later trade mark is invalid, or (b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith. (2) Where sub-section (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade.....

Trade Marks Act, 1999 (47 of 1999) Schedule 1

Title: The Schedule

State: Central

Year: 1999

.....Government may, before deeming a name as undesirable under clause (ii) of sub-section (2), consult the Registrar of Trade Marks." (II) In section 22, in sub-section (1), (i) for the portion beginning with "if, through" and ending with "the first-mentioned company--" the following shall be substituted, namely:-- "If, through inadvertence or otherwise, a company on its first registration or on its registration by a new name, is registered by a name which,-- (i) in the opinion of the Central Government, is identical with, or too nearly resembles, the name by which a company in existence has been previously registered, whether under this Act or any previous companies law, the first-mentioned company, or (ii) on an application by a registered proprietor of a trade mark, is in the opinion of the Central Government identical with, or too nearly resembles, a registered trade mark of such proprietor under the Trade Marks Act, 1999, such company,--" (ii) the following proviso shall be added, namely:-- "Provided that no application under clause (ii) made by a.....

Trade Marks Act, 1999 (47 of 1999) Chapter 2

Title: The Register and Conditions for Registration

State: Central

Year: 1999

.....of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act. Section 7 - Classification of goods and services (1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks. (2) Any question arising as to the class within which any goods or services falls shall be determined by the Registrar whose decision shall be final. Section 8 - Publication of alphabetical index (1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7. (2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall be determined by the Registrar in accordance with sub-section (2) of section 7. Section 9 - Absolute grounds for refusal of registration (1) The trade marks-- (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods.....

Trade Marks Act, 1999 (47 of 1999) Chapter 5

Title: Assignment and Transmission

State: Central

Year: 1999

.....be conclusive as to the validity or invalidity under sub-section (1) of the assignment insofar as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. Section 41 - Restriction on assignment or transmission when exclusive rights would be created in different parts of India Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law-- (a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and (b) an exclusive right in another of these persons concerned, to the use of a trade mark nearly resembling the first-mentioned.....

Trade 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.....

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

Title: Removal from Register and Imposition of Limitations on Ground of Non-use

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.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Complete Act

State: Central

Year: 1999

.....expressions used and not defined in this Act but defined in the Trade Marks Act, 1999shall have the meanings respectively assigned to them in that Act. (3) In this Act, unless the context otherwise requires, any reference- (a) to the use of a geographical indication shall be construed as a reference to the use of a printed or other visual representation of the geographical indication; (b) to the use of a geographical indication in relation to goods shall be construed as a reference to the use of the geographical indication upon, or in any physical or in any other relation whatsoever, to such goods; (c) to a registered geographical indication shall be construed as including a reference to a geographical indication registered in the register; (d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3-; (e) to the Geographical Indications Registry shall be construed as including a reference to any office of the Geographical Indications Registry. SECTION 03: REGISTRAR OF GEOGRAPHICAL INDICATIONS (1) The Controller-General of Patents, Designs and Trade Marks appointed.....

Trade Marks Act, 1999 (47 of 1999) Section 76

Title: Acts Not Constituting Infringement of Certification Trade Marks

State: Central

Year: 1999

.....right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services as so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor. (2) Clause (b) of sub-section (1) shall not apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary to the regulations referred to in that clause. (3) Where a certification trade mark is one of two or more trade marks registered under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.