The Trade and Merchandise Marks Act,1958

Posted on 15/12/2012 by ADMIN Leave a comment

The Trade and Merchandise Marks Act,1958

CONTENTS

Sections	Particulars

1	Short title extent and commencement
2	Definitions and interpretation
3	High court having jurisdiction
4	Registrar of trade; marks
5	The 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	Prormition of registration of names of chemical elements
14	Use 0f names and representation 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
18	Application for registration
19	Witbdrawal of acceptance
20	Advertisement of application
21	Opposition to registration
22	Corrections and amendment
23	Registration
24	Jointly owned trades
25	Duration, renewal 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 trade marks
30	Acts not constituting 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
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 right s 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 trades
43	Assignability and transimssibility of associated trade marks
44	Registration of assignments and transmissions
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
49	Application for registration as registered users
50	Existing registration of registered users not to have effect after three years
51	Power of registered user to take proceedings against infringement
52	Power of registrar to take vary or cancel registration as registered user
53	Registered user not to have right of assignment or transmission
54	Use of one of associated or substantially identical trade equivalent to use of another
55	Use of trade mark for export, trade and use when form of trade connection changes
56	Power to cancel or vary registration and to rectify the register
57	Correction of register
58	Alteration of registered trade marks
59	Adaptation of entries in register to amended or substituted classification of goods
60	Certain provisions of this act not applicable to certification trade mark
61	Registration of certification trade mark
62	Application for registration of certification trade marks
63	Consideration of application for registration by central government
64	Opposition to registration of certification trade marks
65	Deposit of regulations governing the use of a certification trade marks
66	Rights conferred by registration of certification trade marks
67	Infringements of certification trade marks
68	Acts not constituting arrangement of certification trade marks
69	Cancellation or varying of registration
70	Registrar to give effect to orders of central government
71	Textile goods
72	Restriction on registration of textile goods
73	Refused textile marks list
74	Stamping of piece goods, cotton yarn and thread
75	Determination of character of textile goods by sampling
76	Meaning of applying trade marks and trade descriptions
77	Falsifying and falsely applying trade marks
78	Penalty for applying false trade marks, trade descriptions, etc
79	Venality for selling goods to which a false trademark or false traded description is applied
80	Penalty for removing piece goods, etc. Contrary to sec. 74
81	Penalty for falsely representing a trade marks 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 offence 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 procession
92	Limitation of prosecution
93	Information as to commission of offence
94	Punishment of abetment in india of acts done out of india
95	Instruction by central government as to permissible variations to be observed by criminal courts
96	Implied warranty on sale of marked goods
97	Power 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 op 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 register 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
116	Registrar and other officer 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 not registrable under the Indian registration act,1908
130	Government to be bound
131	Special provision relating to application for registration from citizens of convention countries
132	Provisions as to reciprocity
133	Power of central government to a rules
134	Laying of rules before; parliament
135	Amendments
136	Repeals and savings

	Schedule

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