The Trade and Merchandise Marks Act, 1958 (Bare Act)/
Universal Law Publishing
- New Delhi: Universal Law Publishing Co.Pvt.Ltd, 2010.
- 58.p
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 36 36 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