Section 10

Limitation as to colour.

The Trade Marks Act, 1999

  • Act 47 of 1999
  • Ministry of Commerce and Industry
  • Department of Promotion of Industry and Internal Trade
About this Act

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.

All sections
    (1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the 1[Registrae or the High Court, as the case may be,] having to decide on the distinctive character of the trade mark.
     (2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.

Notes

1.Subs. by Act 33 of 2021, s. 21, for “tribunal” (w.e.f. 4-4-2021).
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Source: India Code (Legislative Department, Govt. of India). Check the official Gazette before relying on it in court. Not legal advice. Free legal aid: 15100 (NALSA) · Know your rights

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