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Trade Marks Act, 1999

Sections

1Short title, extent and commencementView Details
10 Meaning of applying trade marks and trade descriptionsView Details
10 Falsifying and falsely applying trade marksView Details
10 Penalty for applying false trade marks, trade descriptions, etcView Details
10 Penalty for selling goods or providing services to which false trade mark or false trade description is appliedView Details
10 Enhanced penalty on second or subsequent convictionView Details
10 Penalty for removing piece goods, etc., contrary to section 81View Details
10 Penalty for falsely representing a trade mark as registeredView Details
10 Penalty for improperly describing a place of business as connected with the Trade Marks OfficeView Details
10 Penalty for falsification of entries in the registerView Details
10Limitation as to colourView Details
100Transfer of pending proceedings to Appellate BoardView Details
11 No offence in certain casesView Details
11 Forfeiture of goodsView Details
11 Exemption of certain persons employed in ordinary course of businessView Details
11 Procedure where invalidity of registration is pleaded by the accusedView Details
11 Offences by companiesView Details
11 Cognizance of certain offences and the powers of police officer for search and seizureView Details
11 Evidence of origin of goods imported by seaView Details
11 Costs of defense or prosecutionView Details
11 Limitation of prosecutionView Details
11 Information as to commission of offenceView Details
11Relative grounds for refusal of registrationView Details
12 Punishment of abatement in India of acts done out of IndiaView Details
12 Protection of action taken in good faithView Details
12 Certain persons to be public servantsView Details
12 Stay of proceedings where the validity of registration of the trade mark is questioned, etcView Details
12 Application for rectification of register to be made to Appellate Board in certain casesView Details
12 Implied warranty on sale of marked goodsView Details
12 Powers of RegistrarView Details
12 Exercise of discretionary power by RegistrarView Details
12 Evidence before RegistrarView Details
12Registration in the case of honest concurrent use, etcView Details
121Instructions of Central Governments as to permissible Variation to be observed by criminal courtsView Details
13 Death of party to a proceedingsView Details
13 Extension of timeView Details
13 AbandonmentView Details
13 Preliminary advice by the Registrar as to distinctivenessView Details
13 Suit for infringement, etc., to be instituted before district CourtView Details
13 Relief in suits for infringement or for passing offView Details
13 Registered user to be impleaded in certain proceedingsView Details
13 Evidence of entries in register, etc., and things done by the RegistrarView Details
13 Registrar and other officers not compellable to produce register, etcView Details
13 Power to require goods to show indication of originView Details
13Prohibition of registration of names of chemical elements or international non proprietary namesView Details
13Prohibition of registration of names of chemical elements or international non proprietary namesView Details
14 Power to require information of imported goods bearing false trade marksView Details
14 Certificate of validityView Details
14 Groundless threats of legal proceedingsView Details
14 Address for serviceView Details
14 Trade usages, etc., to be taken into considerationView Details
14 Marks registered by an agent or representative without authorityView Details
14 IndexesView Details
14 Documents open to public inspectionView Details
14 Reports of Registrar to be placed before ParliamentView Details
14Use of names and representations of living persons or persons recently deadView Details
15 Fees and surchargeView Details
15 Savings in respect of certain matters in Chapter XIIView Details
15 Declaration as to ownership as to ownership of trade mark not registrable under the Registration Act, 1908View Details
15 Government to be boundView Details
15 Special provisions relating to applications for registration from citizens of convention countriesView Details
15 Provisions as to reciprocityView Details
15 Power of Central Government to remove difficultiesView Details
15 AmendmentsView Details
15Power to make rulesView Details
15Registration of parts of trade marks and of trade marks as a series.View Details
159Repeal and savingsView Details
16Registration of trade marks as associated trade marksView Details
17Effect of registration of parts of a markView Details
18Application for registrationView Details
18Application for registrationView Details
19Withdrawal of acceptanceView Details
2Definitions and interpretationView Details
20Advertisement of applicationView Details
20Advertisement of applicationView Details
21 Opposition to registrationView Details
22 Correction and amendmentView Details
23 RegistrationView Details
24 Jointly owned trade marksView Details
25Duration, renewal, removal and restoration and registrationView Details
26Effect of removal from register for failure to pay fee for removalView Details
27No action for infringement of unregistered trade markView Details
28Rights conferred by registrationView Details
29Infringement of registered trade marksView Details
3Appointment of Registrar and other officersView Details
30Limits of effect of registered trade markView Details
31Registration to be prima facie evidence of validityView Details
32Protection of registration on ground of distinctiveness in certain casesView Details
33Effect of acquiescenceView Details
34Saving for vested rightsView Details
35Saving for use of name, address or description of goods or servicesView Details
36Saving for words used as name or description or an article or substance or serviceView Details
37Power of registered proprietor to assign and give receiptsView Details
38Assignability and transmissibility of registered trade marksView Details
39Assignability and transmissibility of unregistered trade marksView Details
4Power of Registrar to withdraw or transfer cases, etcView Details
40Restriction on assignment or transmission where multiple exclusive rights would be createdView Details
41 Restriction on assignment or transmission when exclusive rights would be created in different parts of IndiaView Details
42 Conditions for assignment otherwise than in connection with the goodwill of a businessView Details
43 Assignability and transmissibility of certification trade marksView Details
44 Assignability and transmissibility or associated trade marksView Details
45Registration of assignment and transmissionsView Details
46 Proposed use of trade mark by company to be formed, etcView Details
47 Removal from register and imposition of limitations on ground of non-useView Details
48 Registered usersView Details
49Registration as registered userView Details
5Trade Marks Registry and officers thereofView Details
51Power of Registrar to call for information relating to agreement in respect of registered usersView Details
52Right to registered user to take proceedings against infringementView Details
53No right of permitted user to take proceedings against infringementView Details
54Registered user not to have right of assignment or transmissionView Details
55Use of one of associated or substantially identical trade marks equivalent to use of anotherView Details
56Use of trade mark for export trade and use when form of trade connection changesView Details
57Power to cancel or vary registration and to rectify the registerView Details
58Correction of register.View Details
59Alteration of registered trade marksView Details
6The Register of Trade MarksView Details
60Adaptation of entries in register to amended or substituted classification of goods or servicesView Details
61Special provisions for collective marksView Details
62Collective mark not be misleading to character or significanceView Details
63Application to be accompanied by regulations governing use of collective marksView Details
64Acceptance of application and regulations by RegistrarView Details
65Regulations to be open to inspection.-View Details
66Amendment of regulationsView Details
67Infringement proceedings by registered proprietor of collective markView Details
69Certain provisions of this Act not applicable to certification trade marksView Details
7Classification of goods and servicesView Details
70Registration of certification trade marksView Details
71Applications for registration of certification trade marksView Details
72Consideration of application for registration by the RegistrarView Details
73Opposition to registration of certification trade marksView Details
74Filling of regulations governing the use of a certificate trade markView Details
75Infringement of certification trade marksView Details
76Acts not constituting infringement of certification trade marksView Details
77Cancellation or varying of registration of certification trade markView Details
78Rights conferred by registration of certification trade marksView Details
79Textile goodsView Details
8Publication of alphabetical indexView Details
80Restriction on registration of textile goodsView Details
81Stamping of piece goods, cotton yarn threadView Details
82 Determination of character of textile goods by samplingView Details
83 Establishment of Appellate BoardView Details
84 Composition of Appellate BoardView Details
85 Qualifications for appointments as Chairman, Vice-Chairman, or other MemberView Details
86 Term of office of Chairman, Vice-Chairman and other MembersView Details
87 Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstancesView Details
88 Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other MembersView Details
89 Resignation and removalView Details
9Absolute grounds for refusal of registrationView Details
90 Staff of Appellate BoardView Details
91 Appeals to Appellate BoardView Details
92 Procedure and powers of Appellate BoardView Details
93 Bar of jurisdiction of courts, etcView Details
94 Bar to appear before Appellate BoardView Details
95 Conditions as to making of interim ordersView Details
96 Power of Chairman to transfer cases from one Bench to anotherView Details
97 Procedure for application for rectification, etc., before Appellate BoardView Details
98 Appearance of Registrar in legal proceedingsView Details
99 Costs of Registrar in proceedings before the Appellate BoardView Details
TH ScheduleView Details

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