Section List

47/1999 - The Trade Marks Act, 1999 ▶

Act Number: 47

Act Name: The Trade Marks Act, 1999

Year: 1999

Enactment Date: 1999-12-30

Long Title: 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: Ministry of Commerce and Industry

Department: Department of Promotion of Industry and Internal Trade

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