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Start Free TrialTrade 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 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) Section 49
Title: Registration as Registered User
State: Central
Year: 1999
.....respect to the permitted use of the trade mark; and (b) an affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf,-- (i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; (ii) stating the goods or services in respect of which registration is proposed; (iii) stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter; (iv) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and (c) such further documents or other evidence as may be required by the.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 50
Title: Power of Registrar for Variation or Cancellation of Registration as Registered User
State: Central
Year: 1999
.....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 which the trade mark is to be used is either not being enforced or is not being complied with; (e) may be cancelled by the Registrar in respect of any goods or services in relation to which the.....
View Complete Act List Judgments citing this sectionTrade 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.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 54
Title: Registered User Not to Have Right of Assignment or Transmission
State: Central
Year: 1999
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I.--The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within the meaning of this section in the following cases, namely:-- (a) where the registered user being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the trade mark, if otherwise in force, only for so long as the registered user is a member of the firm; (b) where the registered user being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the trade mark, if otherwise in force, only for so long as any partner of the original firm at the time of its registration as registered user, continues to be a partner of the reconstituted firm. Explanation II.--For the purposes of Explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932).
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 51
Title: Power of Registrar to Call for Information Relating to Agreement in Respect of Registered Users
State: Central
Year: 1999
(1) The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of subsection (1) of section 49 continues to be in force. (2) If the registered proprietor fails to furnish the confirmation within one month as required under sub-section (1), the registered user shall cease to be the registered user on the day immediately after the expiry of the said period and the Registrar shall notify the same.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 52
Title: Right of Registered User to Take Proceedings Against Infringement
State: Central
Year: 1999
(1) Subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case being concurrent with those of the registered proprietor. (2) Notwithstanding anything contained in any other law, a registered proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 136
Title: Registered User to Be Impleaded in Certainproceedings
State: Central
Year: 1999
(1) In every proceeding under Chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that Chapter or section, shall be made a party to the proceeding. (2) Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.
View Complete Act List Judgments citing this sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 17
Title: Application for Registration as Authorised User
State: Central
Year: 1999
(1) Any person claiming to be the producer of the goods in respect of which a geographical indication has been registered under section 6 may apply in writing to the Registrar in the prescribed manner for registering him as an authorised user of such geographical indication. (2) The application under sub-section (1) shall be accompanied by a statement and such documents of facts as may be prescribed and required by the Registrar to determine as to whether such person is the producer of the goods referred to in that sub-section and such fee as may be prescribed. (3) The provisions of this Chapter relating to (a) the filing and examination of the application; (b) the refusal and acceptance of registration; (c) withdrawal of acceptance of application; (d) advertisement of application; (e) opposition to registration; (f) correction or error in an amendment of the application; and (g) registration, shall apply in respect of the application and registration of authorised users referred to in sub-section (1) in the same manner as they apply for the application for registration and registration of the geographical indication.
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