Act 47 of 1999

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.

  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
  • Enacted 1999-12-30
  • 167 sections
SectionTitle
1 Short title, extent and commencement. Read
2 Definitions and interpretation. Read
3 Appointment of Registrar and other officers. Read
4 Power of Registrar to withdraw or transfer cases, etc. Read
5 Trade Marks Registry and offices thereof. Read
6 The Register of Trade Marks. Read
7 Classification of goods and services. Read
8 Publication of alphabetical index. Read
9 Absolute grounds for refusal of registration. Read
10 Limitation as to colour. Read
11 Relative grounds for refusal of registration. Read
12 Registration in the case of honest concurrent use, etc. Read
13 Prohibition of registration of names of chemical elements or international non-proprietary names. Read
14 Use of names and representations of living persons or persons recently dead. Read
15 Registration of parts of trade marks and of trade marks as a series. Read
16 Registration of trade marks as associated trade marks. Read
17 Effect of registration of parts of a mark. Read
18 Application for registration. Read
19 Withdrawal of acceptance. Read
20 Advertisement of application. Read
21 Opposition to registration. Read
22 Correction and amendment. Read
23 Registration. Read
24 Jointly owned trade marks. Read
25 Duration, renewal, removal and restoration of registration. Read
26 Effect of removal from register for failure to pay fee for renewal. Read
27 No action for infringement of unregistered trade mark. Read
28 Rights conferred by registration. Read
29 Infringement of registered trade marks. Read
30 Limits on effect of registered trade mark. Read
31 Registration to be prima facie evidence of validity. Read
32 Protection of registration on ground of distinctiveness in certain cases. Read
33 Effect of acquiescence. Read
34 Saving for vested rights. Read
35 Saving for use of name, address or description of goods or services. Read
36 Saving for words used as name or description of an article or substance or service. Read
36A Application of Act in case of international registration under Madrid Protocol. Read
36B Definitions. Read
36C Trade Marks Registry to deal with international applications. Read
36D International application originating from India. Read
36E International registrations where India has been designated. Read
36F Effects of international registration. Read
36G Duration and renewal of international registration. Read
37 Power of registered proprietor to assign and give receipts. Read
38 Assignability and transmissibility of registered trade marks. Read
39 Assignability and transmissibility of unregistered trade marks. Read
40 Restriction on assignment or transmission where multiple exclusive rights would be created. Read
41 Restriction on assignment or transmission when exclusive rights would be created in different parts of India. Read
42 Conditions for assignment otherwise than in connection with the goodwill of a business. Read
43 Assignability and transmissibility of certification trade marks. Read
44 Assignability and transmissibility of associated trade marks. Read
45 Registration of assignments and transmissions. Read
46 Proposed use of trade mark by company to be formed, etc. Read
47 Removal from register and imposition of limitations on ground of non-use. Read
48 Registered users. Read
49 Registration as registered user. Read
50 Power of Registrar for variation or cancellation of registration as registered user. Read
51 Power of Registrar to call for information relating to agreement in respect of registered users. Read
52 Right of registered user to take proceedings against infringement. Read
53 No right of permitted user to take proceeding against infringement. Read
54 Registered user not to have right of assignment or transmission. Read
55 Use of one of associated or substantially identical trade marks equivalent to use of another. Read
56 Use of trade mark for export trade and use when form of trade connection changes. Read
57 Power to cancel or vary registration and to rectify the register. Read
58 Correction of register. Read
59 Alteration of registered trade marks. Read
60 Adaptation of entries in register to amended or substituted classification of goods or services. Read
61 Special provisions for collective marks. Read
62 Collective mark not to be misleading as to character or significance. Read
63 Application to be accompanied by regulations governing use of collective marks. Read
64 Acceptance of application and regulations by Registrar. Read
65 Regulations to be open to inspection. Read
66 Amendment of regulations. Read
67 Infringement proceedings by registered proprietor of collective mark. Read
68 Additional grounds for removal of registration of collective mark. Read
69 Certain provisions of this Act not applicable to certification trade marks. Read
70 Registration of certification trade marks. Read
71 Applications for registration of certification trade marks. Read
72 Consideration of application for registration by Registrar. Read
73 Opposition to registration of certification trade marks. Read
74 Filing of regulations governing use of a certification trade mark. Read
75 Infringement of certification trade marks. Read
76 Acts not constituting infringement of certification trade marks. Read
77 Cancellation or varying of registration of certification trade marks. Read
78 Rights conferred by registration of certification trade marks. Read
79 ic9560Omitted.ic9563. Read
80 [Omitted.]. Read
81 [Omitted.]. Read
82 [Omitted.]. Read
83 Establishment of Appellate Board. Read
84 Composition of Appellate Board. Read
85 Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.Read
86 Term of office of Chairperson, Vice-Chairperson and other Members.Read
87 Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.Read
88 Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.Read
89 Resignation and removal. Read
89A. Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.Read
90 Staff of Appellate Board. Read
91 Appeals to High Court.Read
92 Procedure and powers of Appellate Board. Read
93 Bar of jurisdiction of courts, etc. Read
94 Bar to appear before RegistrarRead
95 Conditions as to making of interim orders. Read
96 Power of Chairperson to transfer cases from one Bench to another.Read
97 Procedure for application for rectification, etc., before High Court.Read
98 Appearance of Registrar in legal proceedings. Read
99 Costs of Registrar in proceedings before Appellate Board. Read
100 Transfer of pending proceedings to Appellate Board. Read
101 Meaning of applying trade marks and trade descriptions. Read
102 Falsifying and falsely applying trade marks. Read
103 Penalty for applying false trade marks, trade descriptions, etc. Read
104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied. Read
105 Enhanced penalty on second or subsequent conviction. Read
106 Penalty for removing piece goods, etc., contrary to section 81. Read
107 Penalty for falsely representing a trade mark as registered. Read
108 Penalty for improperly describing a place of business as connected with the Trade Marks Office. Read
109 Penalty for falsification of entries in the register. Read
110 No offence in certain cases. Read
111 Forfeiture of goods. Read
112 Exemption of certain persons employed in ordinary course of business. Read
113 Procedure where invalidity of registration is pleaded by the accused. Read
114 Offences by companies. Read
115 Cognizance of certain offences and the powers of police officer for search and seizure. Read
116 Evidence of origin of goods imported by sea. Read
117 Costs of defence or prosecution. Read
118 Limitation of prosecution. Read
119 Information as to commission of offence. Read
120 Punishment of abetment in India of acts done out of India. Read
121 Instructions of Central Government as to permissible variation to be observed by criminal courts. Read
122 Protection of action taken in good faith. Read
123 Certain persons to be public servants. Read
124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc. Read
125 Application for rectification of register to be made to High Court in certain cases.Read
126 Implied warranty on sale of marked goods. Read
127 Powers of Registrar. Read
128 Exercise of discretionary power by Registrar. Read
129 Evidence before Registrar. Read
130 Death of party to a proceeding. Read
131 Extension of time. Read
132 Abandonment. Read
133 Preliminary advice by the Registrar as to distinctiveness. Read
134 Suit for infringement, etc., to be instituted before District Court. Read
135 Relief in suits for infringement or for passing off. Read
136 Registered user to be impleaded in certain proceedings. Read
137 Evidence of entries in register, etc., and things done by the Registrar. Read
138 Registrar and other officers not compellable to produce register, etc. Read
139 Power to require goods to show indication of origin. Read
140 Power to require information of imported goods bearing false trade marks. Read
141 Certificate of validity. Read
142 Groundless threats of legal proceedings. Read
143 Address for service. Read
144 Trade usages, etc., to be taken into consideration. Read
145 Agents. Read
146 Marks registered by an agent or representative without authority. Read
147 Indexes. Read
148 Documents open to public inspection. Read
149 Reports of Registrar to be placed before Parliament. Read
150 Fees and surcharge. Read
151 Savings in respect of certain matters in Chapter XII. Read
152 Declaration as to ownership of trade mark not registrable under the Registration Act, 1908. Read
153 Government to be bound. Read
154 Special provisions relating to applications for registration from citizens of convention countries. Read
155 Provision as to reciprocity. Read
156 Power of Central Government to remove difficulties. Read
157 Power to make rules. Read
158 Amendments. Read
159 Repeal and savings. Read
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