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