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Start Free TrialTrade 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 sectionGeographical Indications of Goods (Registration and Protection) Act, 1999 Section 50
Title: Cognizance of Certain Offences and the Powers of Police Officer for Search and Seizure
State: Central
Year: 1999
.....to the effect that a registered geographical indication has been represented as registered in respect of any goods in respect of which it is not in fact registered. (2) No court inferior to that of a Metropolitan magistrate or Judicial Magistrate of the first class shall try an offence under this Act. (3) The offences under section 39 or section 40 or section 41 shall be cognizable. (4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he satisfied that any of the offences referred to in sub-section (3) has been, is being, or is likely to be, committed, search and seizure without warrant the goods, die, block, "machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the registrar on the facts involved in the offence relating to geographical indication and shall abide by the opinion so obtained. (5) Any person having.....
View Complete Act List Judgments citing this sectionFinance Act 1999 Section 50
Title: Substitution of New Sections for Section 80-ia
State: Central
Year: 1999
.....year relevant to the assessment year for which the deduction is claimed have been audited by an accountant, as defined in the Explanation below sub-section (2) of section 288, and the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant. (8) Where any goods held for the purposes of the eligible business are transferred to any other business carried on by the assessee, or where any goods held for the purposes of any other business carried on by the assessee are transferred to the eligible business and, in either case, the consideration, if any, for such transfer as recorded in the accounts of the eligible business does not correspond to the market value of such goods as on the date of the transfer, then, for the purposes of the deduction under this section, the profits and gains of such eligible business shall be computed as if the transfer, in either case, had been made at the market value of such goods as on that date : Provided that where, in the opinion of the Assessing Officer, the computation of the profits and gains of the eligible business in the manner hereinbefore specified.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 146
Title: Marks Registered by an Agent or Representative Without Authority
State: Central
Year: 1999
If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour: Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 133
Title: Preliminary Advice by the Registrar as Todistinctiveness
State: Central
Year: 1999
(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive. (2) If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not distinctive, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 138
Title: Registrar and Other Officers Not Compellable to Produce Register,etc.
State: Central
Year: 1999
The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 141
Title: Certificate of Validity
State: Central
Year: 1999
If in any legal proceeding for rectification of the register before the Appellate Board a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the Appellate Board may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 143
Title: Address for Service
State: Central
Year: 1999
An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 144
Title: Trade Usages, Etc., to Be Taken into Consideration
State: Central
Year: 1999
In any proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 145
Title: Agents
State: Central
Year: 1999
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.
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