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Home Bare Acts Phrase: trade mark Page 1 of about 4,516 results (0.02 seconds)Trade Marks Act, 1999 (47 of 1999) Section 28
Title: Rights Conferred by Registration
State: Central
Year: 1999
.....of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this Act. (2) The exclusive right to the use of a trade mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject. (3) Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 81
Title: Penalty for Falsely Representing a Trade Mark as Registered
State: Central
Year: 1958
.....exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not in fact give that right. (2) If any person contravenes any of the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both. (3) For the purposes of this section, (he use in India in relation to a trade mark of the word "registered" or of any other expression referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except-- (a) where that word or other expression is used in direct association with Other words delineated in characters at least as large as those in which that word or othr expression is delinealed and indicating that the reference is to registration as trade mark under the law of a country outside India being a country under the law of which the registration referred to is in fact in force; or (b) where that other expression is of itself such as to indicate that the reference is to such registration as is mentioned in.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 10
Title: Offences, Penalties and Procedure
State: Central
Year: 1958
.....77, 78 and 79 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created or recognised by this Act, and no act or omission shall be deemed to be an offence under section 77 or section 78 or section 79 if,-- (a) the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act; and (b) the alleged offence relates to a registered or an unregistered trade mark and the act or omission is permitted under any other law for the time being in force. Section 85 - Forfeiture of goods (1) Where a person is convicted of an offence under section 78 or section 79, or is acquitted of an offence under section 78 on proof that he acted without intent to defraud, or under section 79 on proof of the matters specified in clauses (a), (b) and (c) of that section, the court convicting or acquiting him may direct the forfeiture to Government of all goods and things by means of, or in relation to, which the offence has been committed, or but for such proof as aforesaid would have been committed. (2) When a forfeiture is directed on a conviction and an appeal lies against the conviction, an appeal.....
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 33
Title: Effect of Acquiescence
State: Central
Year: 1999
(1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use, he shall no longer be entitled on the basis of that earlier trade mark-- (a) to apply for a declaration that the registration of the later trade mark is invalid, or (b) to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used, unless the registration of the later trade mark was not applied in good faith. (2) Where sub-section (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark, or as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark may no longer be invoked against his later trade mark.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 38
Title: Assignability and Transmissibility of Unregistered Trade Marks
State: Central
Year: 1958
(1) An unregistered trade mark shall not be assignable or transmissible except along with the goodwill of the business concerned. (2) Notwithstanding anything contained in sub-section (1), an unregistered trade mark may be assigned or transmitted otherwise, than along with the goodwill of the business concerned if-- (a) at the time of assignment or transmission of the unregistered trade mark, it is used in the same business as a registered trade mark; and (b) the registered trade mark is assigned or transmitted at the same time and to the same person as the unregistered trade mark; and (c) the unregistered trade mark relates to goods in respect of which the registered trade mark is assigned or transmitted.
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 4
Title: Effect of Registration
State: Central
Year: 1958
.....which the trade mark is registered and some person having the right, either as registered proprietor or as registered user, to use the trade mark. Section 30 - Acts not constituting infringement (1) Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered trade mark:-- (a) Where a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, in any place, or in relation to good to be exported to any market, or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend; (b) the use by a person of a trade mark in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bulk of which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark; (c) the use of.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Chapter 5
Title: Assignment and Transmission
State: Central
Year: 1958
.....be conclusive as to the validity or invalidity under sub-section (1) of the assignment in so far as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 44 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued. Section 40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India Notwithstanding anything in section 37 and section 38, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, an exclusive right in one of the persons concerned to the use of the trade mark limited to use in relation to goods to be sold, or otherwise traded in, in any place in India and an exclusive right in another of these persons to the use of a trade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to the same goods or description of goods limited to use in.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 3
Title: High Court Having Jurisdiction
State: Central
Year: 1958
.....situate; (b) in relation to a trade mark for which an application for registration of pending at or is made on or after the commencement of this Act, the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant as disclosed in his application is situate; (c) in relation to a trade mark registered in the names of joint proprietors before the commencement of this Act, the office of the Trade Marks Registry within whose territorial limtis the principal place of business in India of the proprietor whose name is entered first in the register at such commencement as having such place of business is situate; (d) in relation to a trade mark for which an application for regislration in the names of joint proprietors is pending at or is made on or after the commencement of this Act, the office of the Trade Marks Registry within whole territorial limits the principal place of business in India of the proprietor whose name is first mentioned in me said application as having such place of business is situate; (e) where the registered proprietor or the applicant for registration as aforesaid has no place of business.....
View Complete Act List Judgments citing this sectionTrade and Merchandise Marks Act, 1958 [Repealed] Section 28
Title: Rights Conferred by Registration
State: Central
Year: 1958
.....proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this Act. (2) The exclusive right to the use of a trade mark given under sub-section (I) shall be subject to any conditions and limitations to which the registration is subject. (3) Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of these persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor.
View Complete Act List Judgments citing this sectionTrade Marks Act, 1999 (47 of 1999) Section 40
Title: Restriction on Assignment or Transmission Where Multiple Exclusive Rights Would Be Created
State: Central
Year: 1999
.....and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods or services and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub-section (1), and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under sub-section (1) of the assignment insofar as such validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on which the certificate is issued.
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