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Home Bare Acts Phrase: tradeTrade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1
Title: Trade Marks Act 1999
State: Central
Year: 1958
.....with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) "Chairman" means the Chairman of the Appellate Board; (g) "collective mark" means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others; (h) "deceptively similar".--A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) "false trade description" means-- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Chapter II
Title: Registration of Trade Unions
State: Central
Year: 1926
.....under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.] _____________________________ 1. Section 4 re-numbered as sub-section (1) thereof by Act 42 of 1960, section 5. 2. Inserted by Act 31 of 2001, section 2 (w.e.f. 9-1-2002). 3. Inserted by Act 42 of 1960, section 5. Section 5 - Application for registration (1) Every application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:- (a) the names, occupations and address of the members making application; 1[(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the members of the Trade Union.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Chapter III
Title: Rights and Liabilities of Registered Trade Unions
State: Central
Year: 1926
.....law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade: Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a Trade Union shall or shall not sell their goods transact business, work, employ or be employed. Section 20 - Right to inspect books of Trade Union The account books of a registered Trade Union and the list of members thereof shall be open to inspection by an1[office-bearer] or member of the Trade Union at such times as may be provided for in the rules of the Trade Union. _________________________ 1.Substituted by Act 38 of 1964, section 2, for "officer" (w.e.f. 1-4-1965). Section 21 - Rights of minors to membership of Trade Unions Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any rules of the Trade Union to the contrary, and may, subject.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 6
Title: Use of Trade Marks and Registered Users
State: Central
Year: 1958
.....used in relation to those goods by him or, in a case to which the provisions of section 45 apply, by the company concerned, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to a date one month before the date of the application; or (b) that up to a date one month before the date of the application, a continuous period of five years 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 by any proprietor thereof for the time being: Provided that, except where the applicant has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of the goods 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, if it is shown that there has been, before the relevent date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the.....
View Complete Act 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
.....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 and Merchandise Marks Act, 1958 [Repealed] Complete Act
Title: Trade and Merchandise Marks Act, 1958 [Repealed]
State: Central
Year: 1958
.....cases Section108 - Procedure for application for rectification before a High Court Section109 - Appeals Section110 - Power of High Courts to make rules Section111 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc Section112 - Appearance of Registrar in legal proceedings Section113 - Costs of Registrar in proceedings before High Court Section114 - Registered user to be impleaded in certain proceedings Section115 - Evidence of entries in register, etc., and things done by the Registrar Section116 - Registrar and other officers not compilable to produce register, etc Section117 - Power to require goods to show indication of origin Section118 - Power to require information in respect of imported goods bearing false trade marks Section119 - Certificate of validity Section120 - Groundless threats of legal proceedings Section121 - Address for service Section122 - Trade usage, etc., to be taken into consideration Section123 - Agents Section124 - Indexes Section125 - Documents open to public inspection Section126 - Reports of Registrar to be placed before Parliament Section127 - Fees Section128 - Savings in respect of.....
List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 29
Title: Infringement of Registered Trade Marks
State: Central
Year: 1999
.....intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising-- (a) takes unfair advantage of and is contrary to honest practices in industrial or commercial matters; or (b) is detrimental to its distinctive character; or (c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Chapter 9
Title: Certification Trade Marks
State: Central
Year: 1999
.....certify the goods in respect of which the mark is to be registered; (b) whether the draft of the regulations to be filed under section 74 is satisfactory; (c) whether in all the circumstances the registration applied for would be to the public advantage, and may either-- (i) refuse the application; or (ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters. (2) Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub-section (1) without giving the applicant an opportunity of being heard. Section 73 - Opposition to registration of certification trade marks When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 8
Title: Certification Trade Marks
State: Central
Year: 1958
.....adapted distinguish in relation to the goods in question; and (b) by reason of the use of the mark or of any other circumstances, the mark is in fact so adapted to distinguish in relation to the goods in question. Section 62 - Applications for registration of certification trade marks (1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 65. (2) Subject to the provisions of section 61, the provisions of sub-sections (1), (2), (3), (4) and (6) of section 18 and of sections 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application. (3) In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Complete Act
Title: Trade Marks Act, 1999 (47 of 1999)
State: Central
Year: 1999
..... Section147 - Indexes Section148 - Documents open to public inspection Section149 - Reports of Registrar to be placed before Parliament Section150 - Fees and surcharge Section151 - Savings in respect of certain matters in Chapter XII Section152 - Declaration as to ownership of trade mark not registrable under the Registration Act, 1908 Section153 - Government to be bound Section154 - Special provisions relating to applications for registration from citizens of convention countries Section155 - Provision as to reciprocity Section156 - Power of Central Government to remove difficulties Section157 - Power to make rules Section158 - Amendments Section159 - Repeal and savings Schedule1 - THE SCHEDULE
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