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Start Free TrialForeign Exchange Management Act, 1999 Section 45
Title: Removal of Difficulties
State: Central
Year: 1999
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, do anything not inconsistent with the provisions of this Act for the purpose of removing the difficulty: Provided that no such order shall be made under this section after the expiry of two years from the commencement of this Act. (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 7
Title: Classification of Goods and Services
State: Central
Year: 1999
(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.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 15
Title: Registration of Parts of Trade Marks and of Trade Marks as a Series
State: Central
Year: 1999
(1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. (2) Each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark. (3) Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of-- (a) statement of the goods or services in relation to which they are respectively used or proposed to be used; or (b) statement of number, price, quality or names of places; or (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour, seeks to register those trade marks, they may be registered as a series in one registration.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 14
Title: Use of Names and Representations of Living Persons or Persons Recently Dead
State: Central
Year: 1999
Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark, the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the registrar with such consent.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 13
Title: Prohibition of Registration of Names of Chemical Elements or International Non-proprietary Names
State: Central
Year: 1999
No word-- (a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or (b) which is declared by the World Health Organisation and notified in the prescribed manner by the Registrar from time to time, as an international non-proprietary name or which is deceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 12
Title: Registration in the Case of Honest Concurrent Use, Etc.
State: Central
Year: 1999
In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the Registrar may think fit to impose.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 11
Title: Relative Grounds for Refusal of Registration
State: Central
Year: 1999
.....of the earlier trade mark. (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including-- (i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark; (ii) the duration, extent and geographical area of any use of that trade mark; (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; (iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark; (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record. (7) The Registrar shall, while determining as.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 10
Title: Limitation as to Colour
State: Central
Year: 1999
(1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. (2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 9
Title: Absolute Grounds for Refusal of Registration
State: Central
Year: 1999
.....character as a result of the use made of it or is a well-known trade mark. (2) A mark shall not be registered as a trade mark if-- (a) it is of such nature as to deceive the public or cause confusion; (b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; (c) it comprises or contains scandalous or obscene matter; (d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950). (3) A mark shall not be registered as a trade mark if it consists exclusively of-- (a) the shape of goods which results from the nature of the goods themselves; or (b) the shape of goods which is necessary to obtain a technical result; or (c) the shape which gives substantial value to the goods. Explanation.--For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 8
Title: Publication of Alphabetical Index
State: Central
Year: 1999
(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.
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