Bare Acts

The Trade Marks Act, 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.

व्‍यापार चिह्न अधिनियम, 1999

English PDF Hindi PDF

Act Details

Act Number:

Act Year:

1999

Location:

Enactment Date:

12/30/1999

Enforcement Date:

15-09-2003

Ministry:

Ministry of Commerce and Industry

Department:

Department of Promotion of Industry and Internal Trade

All Section List (Trade Marks Act)

PRELIMINARY

Section 1 to Section 2

Section 1

Short title, extent and commencement.

Section 2

Definitions and interpretation.

THE REGISTER AND CONDITIONS FOR REGISTRATION

Section 3 to Section 17

Section 3

Appointment of Registrar and other officers.

Section 4

Power of Registrar to withdraw or transfer cases, etc.

Section 5

Trade Marks Registry and offices thereof.

Section 6

The Register of Trade Marks.

Section 7

Classification of goods and services.

Section 8

Publication of alphabetical index.

Section 9

Absolute grounds for refusal of registration.

Section 10

Limitation as to colour.

Section 11

Relative grounds for refusal of registration.

Section 12

Registration in the case of honest concurrent use, etc.

Section 13

Prohibition of registration of names of chemical elements or international non-proprietary names.

Section 14

Use of names and representations of living persons or persons recently dead.

Section 15

Registration of parts of trade marks and of trade marks as a series.

Section 16

Registration of trade marks as associated trade marks.

Section 17

Effect of registration of parts of a mark.

PROCEDURE FOR AND DURATION OF REGISTRATION

Section 18 to Section 26

Section 18

Application for registration.

Section 19

Withdrawal of acceptance.

Section 20

Advertisement of application.

Section 21

Opposition to registration.

Section 22

Correction and amendment.

Section 23

Registration.

Section 24

Jointly owned trade marks.

Section 25

Duration, renewal, removal and restoration of registration.

Section 26

Effect of removal from register for failure to pay fee for renewal.

EFFECT OF REGISTRATION

Section 27 to Section 36

Section 27

No action for infringement of unregistered trade mark.

Section 28

Rights conferred by registration.

Section 29

Infringement of registered trade marks.

Section 30

Limits on effect of registered trade mark.

Section 31

Registration to be prima facie evidence of validity.

Section 32

Protection of registration on ground of distinctiveness in certain cases.

Section 33

Effect of acquiescence.

Section 34

Saving for vested rights.

Section 35

Saving for use of name, address or description of goods or services.

Section 36

Saving for words used as name or description of an article or substance or service.

SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL

Section 36A to Section 36G

Section 36A

Application of Act in case of international registration under Madrid Protocol.

Section 36B

Definitions.

Section 36C

Trade Marks Registry to deal with international applications.

Section 36D

International application originating from India.

Section 36E

International registrations where India has been designated.

Section 36F

Effects of international registration.

Section 36G

Duration and renewal of international registration.

ASSIGNMENT AND TRANSMISSION

Section 37 to Section 45

Section 37

Power of registered proprietor to assign and give receipts.

Section 38

Assignability and transmissibility of registered trade marks.

Section 39

Assignability and transmissibility of unregistered trade marks.

Section 40

Restriction on assignment or transmission where multiple exclusive rights would be created.

Section 41

Restriction on assignment or transmission when exclusive rights would be created in different parts of India.

Section 42

Conditions for assignment otherwise than in connection with the goodwill of a business.

Section 43

Assignability and transmissibility of certification trade marks.

Section 44

Assignability and transmissibility of associated trade marks.

Section 45

Registration of assignments and transmissions.

USE OF TRADE MARKS AND REGISTERED USERS

Section 46 to Section 56

Section 46

Proposed use of trade mark by company to be formed, etc.

Section 47

Removal from register and imposition of limitations on ground of non-use.

Section 48

Registered users.

Section 49

Registration as registered user.

Section 50

Power of Registrar for variation or cancellation of registration as registered user.

Section 51

Power of Registrar to call for information relating to agreement in respect of registered users.

Section 52

Right of registered user to take proceedings against infringement.

Section 53

No right of permitted user to take proceeding against infringement.

Section 54

Registered user not to have right of assignment or transmission.

Section 55

Use of one of associated or substantially identical trade marks equivalent to use of another.

Section 56

Use of trade mark for export trade and use when form of trade connection changes.

RECTIFICATION AND CORRECTION OF THE REGISTER

Section 57 to Section 60

Section 57

Power to cancel or vary registration and to rectify the register.

Section 58

Correction of register.

Section 59

Alteration of registered trade marks.

Section 60

Adaptation of entries in register to amended or substituted classification of goods or services.

COLLECTIVE MARKS

Section 61 to Section 68

Section 61

Special provisions for collective marks.

Section 62

Collective mark not to be misleading as to character or significance.

Section 63

Application to be accompanied by regulations governing use of collective marks.

Section 64

Acceptance of application and regulations by Registrar.

Section 65

Regulations to be open to inspection.

Section 66

Amendment of regulations.

Section 67

Infringement proceedings by registered proprietor of collective mark.

Section 68

Additional grounds for removal of registration of collective mark.

CERTIFICATION TRADE MARKS

Section 69 to Section 78

Section 69

Certain provisions of this Act not applicable to certification trade marks.

Section 70

Registration of certification trade marks.

Section 71

Applications for registration of certification trade marks.

Section 72

Consideration of application for registration by Registrar.

Section 73

Opposition to registration of certification trade marks.

Section 74

Filing of regulations governing use of a certification trade mark.

Section 75

Infringement of certification trade marks.

Section 76

Acts not constituting infringement of certification trade marks.

Section 77

Cancellation or varying of registration of certification trade marks.

Section 78

Rights conferred by registration of certification trade marks.

APPEALS

Section 83 to Section 100

Section 83

Establishment of Appellate Board.

Section 84

Composition of Appellate Board.

Section 85

Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.

Section 86

Term of office of Chairperson, Vice-Chairperson and other Members.

Section 87

Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.

Section 88

Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.

Section 89

Resignation and removal.

Section 89A

Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.

Section 90

Staff of Appellate Board.

Section 91

Appeals to High Court.

Section 92

Procedure and powers of Appellate Board.

Section 93

Bar of jurisdiction of courts, etc.

Section 94

Bar to appear before Registrar

Section 95

Conditions as to making of interim orders.

Section 96

Power of Chairperson to transfer cases from one Bench to another.

Section 97

Procedure for application for rectification, etc., before High Court.

Section 98

Appearance of Registrar in legal proceedings.

Section 99

Costs of Registrar in proceedings before Appellate Board.

Section 100

Transfer of pending proceedings to Appellate Board.

OFFENCES, PENALTIES AND PROCEDURE

Section 101 to Section 121

Section 101

Meaning of applying trade marks and trade descriptions.

Section 102

Falsifying and falsely applying trade marks.

Section 103

Penalty for applying false trade marks, trade descriptions, etc.

Section 104

Penalty for selling goods or providing services to which false trade mark or false trade description is applied.

Section 105

Enhanced penalty on second or subsequent conviction.

Section 106

Penalty for removing piece goods, etc., contrary to section 81.

Section 107

Penalty for falsely representing a trade mark as registered.

Section 108

Penalty for improperly describing a place of business as connected with the Trade Marks Office.

Section 109

Penalty for falsification of entries in the register.

Section 110

No offence in certain cases.

Section 111

Forfeiture of goods.

Section 112

Exemption of certain persons employed in ordinary course of business.

Section 113

Procedure where invalidity of registration is pleaded by the accused.

Section 114

Offences by companies.

Section 115

Cognizance of certain offences and the powers of police officer for search and seizure.

Section 116

Evidence of origin of goods imported by sea.

Section 117

Costs of defence or prosecution.

Section 118

Limitation of prosecution.

Section 119

Information as to commission of offence.

Section 120

Punishment of abetment in India of acts done out of India.

Section 121

Instructions of Central Government as to permissible variation to be observed by criminal courts.

MISCELLANEOUS

Section 122 to Section 159

Section 122

Protection of action taken in good faith.

Section 123

Certain persons to be public servants.

Section 124

Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

Section 125

Application for rectification of register to be made to High Court in certain cases.

Section 126

Implied warranty on sale of marked goods.

Section 127

Powers of Registrar.

Section 128

Exercise of discretionary power by Registrar.

Section 129

Evidence before Registrar.

Section 130

Death of party to a proceeding.

Section 131

Extension of time.

Section 132

Abandonment.

Section 133

Preliminary advice by the Registrar as to distinctiveness.

Section 134

Suit for infringement, etc., to be instituted before District Court.

Section 135

Relief in suits for infringement or for passing off.

Section 136

Registered user to be impleaded in certain proceedings.

Section 137

Evidence of entries in register, etc., and things done by the Registrar.

Section 138

Registrar and other officers not compellable to produce register, etc.

Section 139

Power to require goods to show indication of origin.

Section 140

Power to require information of imported goods bearing false trade marks.

Section 141

Certificate of validity.

Section 142

Groundless threats of legal proceedings.

Section 143

Address for service.

Section 144

Trade usages, etc., to be taken into consideration.

Section 145

Agents.

Section 146

Marks registered by an agent or representative without authority.

Section 147

Indexes.

Section 148

Documents open to public inspection.

Section 149

Reports of Registrar to be placed before Parliament.

Section 150

Fees and surcharge.

Section 151

Savings in respect of certain matters in Chapter XII.

Section 152

Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.

Section 153

Government to be bound.

Section 154

Special provisions relating to applications for registration from citizens of convention countries.

Section 155

Provision as to reciprocity.

Section 156

Power of Central Government to remove difficulties.

Section 157

Power to make rules.

Section 158

Amendments.

Section 159

Repeal and savings.