Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Chapter 9

Title: Special Provisions for Textile Goods

State: Central

Year: 1958

.....74 - Stamping of piece goods, cotton yarn and thread (1) Piece goods, such as are ordinarily sold by length or by the piece, which have been manufactured, bleached, dyed, printed or finished in premises which are a factory, as defined in the Factories Act, 1948 (63 of 1948), shall not be removed for sale from the last of such premises in which they underwent any of the said processes without having conspicuously stamped in international form of Indian numerals on each piece the length thereof in standard yards, or in standard yards and a fraction of such a yard, or in standard metres or in standard metres and a fraction of such a metre, according to the real length of the piece, and, except when the goods are sold from the factory for export from India, wiihout being conspicuously marked on each piece with the name of the manufacturer or of the occupier of the premises in which the piece was finally processed or of the wholesale purchaser in India of the piece. (2) Cotton yarn such as is ordinarily sold in bundles, and cotton thread, namely, sewing, darning, crochet or handicraft thread, which have been manufactured, bleached, dyed or finished in any premises not exempted.....

Trade and Merchandise Marks Act, 1958 [Repealed] Section 75

Title: Determination of Character of Textile Goods by Sampling

State: Central

Year: 1958

.....yarn and cotton thread shall be marked with the particulars required by that section, and for the exemption of certain premises used for the manufacture, bleaching, dyeing of finishing of cotton yarn or cotton thread from the provisions of that section; and (c) declaring what classes of goods are included in the expression "piece goods such as are ordinarily sold by length or by the piece" for the purpose of section 74 of this Act or section 18 of the Sea Customs Act, 1878 (8 of 1878). (2) With respect to any goods for the selection and testing of samples of which provision is not made in any rules for the time being in force under sub-section (I), the court or officer of customs, as the case may be, having occasion to ascertain the number, quantity, measure, gauge or weight of the goods, shall, by order in writing, determine the number of samples to be selected and tested and the manner in which the samples are (o be selected. (3) The average of the results of the testing in pursuance of rules under subsection (1) or of an order under sub-section (2) shall be prima facie evidence of the number, quantity, measure, gauge or weight, as the case may be, of the goods. (4).....

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 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; .....

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] 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.....

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.....