The Trade and Merchandise Marks Act, 1958 (Bare Act)/ Universal Law Publishing

THE TRADE AND MERCHANDISE MARKS
ACT, 1958
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions and interpretation
3. High Court having jurisdiction ' .
CHAPTER II
THE REGISTER AND CONDITIONS FOR REGISTRATION
4. Registrar of Trade Marks
5. Trade Marks Registry and offices thereof .
6. The Register of Trade Marks
7. Part A and Part B of the register . .
8. Registration to be in respect of particular goods . • • . . . .•
9. Requisites for registration in Parts A and B of the register
10. Limitation as to colour
11. Prohibition of registration of certain marks
12. Prohibition of registration of identical or deceptively
similar trade marks
13. Prohibition of registration of names of chemical elements
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. Registration of trade marks .subject to disclaimer
CHAPTER III «:
PROCEDURE FOR AND DURATION OF REGISTRATION
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 and restoration of registration
26. Effect of removal from register for failure to pay fee for renewal
CHAPTER IV
EFFECT OF REGISTRATION
27. No action for infringement of unregistered trade mark
28. Rights conferred by registration
29. Infringement of trade marks
30. Acts not constifiting infringement
31. Registration to be prima facie evidence of validity
32. Registration to be conclusive as to validity after seven years
33. Saving for vested rights
34. Saving for use of name, address or description of goods
35. Saving for words used as name or description of
an article or substance
CHAPTER V
ASSIGNMENT AND TRANSMISSION
36.. Power of registered proprietor to assign and give receipts
37. Assignability and transmissibility of registered trade marks
38. Assignability and transmissibility of unregistered trade marks . >.
39. Restrictions on assignment or transmission where multiple exclusive rights would be created
40. Restrictions on assignment or transmission when exclusive rights would be created in different parts of India
41. Conditions for assignment otherwise than in connection with the goodwill of a business
42. Assignability and transmissibility of certification trade marks
43. Assignability and transmissibility of associated trade marks
44. Registration of assignments and transmissions
CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
45. Proposed use of trade mark by company to be formed
46. Removal from register and imposition of limitations on * ground of non-use
47. Defensive registration of well-known trade marks


48. Registered users. . . . 25
49. Application for registration as registered users . . . 25
50. Existing registration of registered users not to have effect after three years . . . 26
51. Power of registered user to take proceedings against infringement . 27
52. Power of Registrar to vary or cancel registration as registered user . 27
53. Registered user not to have right of assignment or transmission . 28
54. Use of one of associated or substantial identical trade marks equivalent to use of another . . . 29
55. Use of trade mark for export trade and use when form of trade connection changes . . 29
CHAPTER Vll
RECTIFICATION AND CORRECTION OF THE REGISTER
56. Power to cancel or vary registration and to rectify the register . . 29
57. Correction of register . . . 30
58. Alteration of registered trade marks . . . 30
59. Adaptation of entries in register to amended or substituted classification of goods . . . 30
CHAPTER Vin
CERTIFICATION TRADE MARKS
60. Certain provisions of this Act not applicable to certification trade marks . 31
61. Registration of certification trade marks . . . 31
62. Applications for registration of certification trade marks . 31
63. Consideration of applications for registration by Central Government . 32
64. Opposition to registration of certification trade marks . . . 32
65. Deposit of regulations governing the use of a certification trade mark . 33
66. Rights conferred by registration of certification trade marks . . 33,
67. Infringement of certification trade marks . . . 33
68. Acts not constituting infringement of certification trade marks . . 34
69. Cancellation or varying of registration . . . 34
70. Registrar to give effect to orders of Central Government . . 35
CHAPTER IX
SPECIAL PROVISIONS FOR TEXTILE GOODS ^
71. Textile goods . . . 35
72. Restriction on registration of textile goods . . . 35
73. Refused Textile Marks List, . . . 35
74. Stamping of piece goods, cotton yam and thread
75. Determination of character of textile goods by- sampling
CHAPTER X
OFFENCES, PENALTIES AND PROCEDURE
76. Meaning of applying trade marks and trade descriptions
77. Falsifying and falsely applying trade marks
78. Penalty for applying false trade marks, trade deseriptions, etc.
79. Penalty for selling goods to which a false trade mark or false trade description is applied
80. Penalty for removing piece goods, etc., contrary to section 74
81. Penalty for falsely respresenting a trade mark as registered
82. Penalty for improperly describing a place of business as connected with the Trade Marks Office
83. Penalty for falsification of entries in the register
84. No ofTence in certain cases
85. Forfeiture of goods
86. Exemption of certain persons employed in ordinary course of business
87. Procedure where invalidity of registration is pleaded by the accused
88. Offences by companies
89. Cognizance of certain offences
90. Evidence of origin of goods imported by sea
91. Costs of defence or prosecution
92. Limitation of prosecution
93. Information as to commission of offence
94. Punishment of abetment in India of acts done out of India
95. Instructions by Central Government as to permissible variations to be observed by criminal courts
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CHAPTER XI
MISCELLANEOUS
96. Implied warranty on sale of marked goods
97. Powers of Registrar
98. Exercise of discretionary power by Registrar
99. Evidence before the Registrar
100. Death of party to a proceeding
101. Extension of time
102. Abandonment
103. Preliminary advice by the Registrar as to distinctiveness
104. Procedure before Central Government ■ .
105. Suit for infringement, etc., to be instituted before District Court
106. Reliefs in suits for infringement or for passing off
107. Application for rectification of register to be made to High Court in
certain cases
108. Procedure for application for rectification before a High Court .
109. Appeals
110. Power of High Courts to make rules
111. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.
112. Appearance of Rcgi.strar in legal proceedings
113. Costs of Registrar in proceedings before High Court .
114. Registered user to be impleaded in certain proceedings
115. Evidence of entries in register, etc., and things done by the Registrar
1 16. Registrar and other officers not compellable to produce register, etc.
117. Power to require goods to show indication of origin
118. Power to require information in respect of imported goods bearing false trade marks
119. Certificate of validity
120. Groundless threats of legal proceedings
121. Address for service
122. Trade usage, etc. to be taken into consideration
123. Agents
124. Indexes
125. Documents open to public inspection . ^
126. Reports of Registrar to be placed before Parliament
127. Fees
128. Savings in respect of certain matters in Chapter X
129. Declaration as to ownership of trade mark not registerablc under the Indian Registration Act, 1908
130. Government to be bound
131. Special provisions relating to applications for registration from citizens of convention countries
132. Provisions as to reciprocity
133. Power of Central Government to make rules.
134. Laying of rules before Parliament
135. Amendments
136. Repeals and savings
THE SCHEDULE