Bare Act Search Results

Trade and Merchandise Marks Act, 1958 [Repealed] Repealing Act 1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 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.

Trade and Merchandise Marks Act, 1958 [Repealed] Section 122

Title: Trade Usage, Etc., to Be Taken into Consideration

State: Central

Year: 1958

In any suit or other proceeding relating to a trade mark, the tribunal shall admit evidence of the usage of the trade concerned and of any relevenl trade mark or trade name or get up legitimately used by other persons.

Trade Marks Act, 1999 (47 of 1999) Complete Act

Title: Trade Marks Act, 1999 (47 of 1999)

State: Central

Year: 1999

.....renewal, removal and restoration of registration Section26 - Effect of removal from register for failure to pay fee for renewal Chapter 4 Section27 - No action for infringement of unregistered mark Section28 - Rights conferred by registration Section29 - Infringement of registered trade marks Section30 - Limits on effect of registered trade mark Section31 - Registration to be prima facie evidence of validity Section32 - Protection of registration on ground of distinctiveness in certain cases Section33 - Effect of acquiescence Section34 - Saving for vested rights Section35 - Saving for use of name, address or description of goods or services Section36 - Saving for words used as name or description of an article or substance or service Chapter 5 Section37 - Power of registered proprietor to assign and give receipts Section38 - Assignability and transmissibility of registered trade marks Section39 - Assignability and transmissibility of unregistered trade marks Section40 - Restriction on assignment or transmission where multiple exclusive rights would be created Section41 - Restriction on assignment or transmission when exclusive rights would be created in.....

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.....

Trade Marks Act, 1999 (47 of 1999) Chapter 13

Title: Miscellaneous

State: Central

Year: 1999

.....and of any relevant trade mark or trade name or get up legitimately used by other persons. Section 145 - 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 146 - Marks registered by an agent or representative without authority 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.....

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 Marks Act, 1999 Complete Act

State: Central

Year: 1999

TRADE MARKS ACT, 1999 TRADE MARKS ACT, 1999 47 of 1999 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:- SECTION 01: 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 date 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. SECTION 02: DEFINITIONS AND INTERPRETATION (1) In this Act, unless the context otherwise requires, - (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.....

Geographical Indications of Goods (Registration and Protection) Act, 1999 Section 75

Title: Trade Usages, Etc., to Be Taken into Consideration

State: Central

Year: 1999

In any proceeding relating to a geographical indication, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant geographical indication legitimately used by other persons.