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Section 136 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 136. Repeals and savings

(1) The Indian Marchandise Marks Act,1889 (4 of 1889), and the Trade Marks Act,1940 (5 of 1940), are hereby repealed.

(2) Without prejudice to the provisions contained in the General Clauses Act,1897 (10 of 1897), with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorization, consent, application, request, or thing made, issued, given or done under the India Merchandise Marks.

Act,1889 (4 of 1889), or] the Trade Marks Act,1940 (5 of 1940), shall, if in force at the commencement of this Act, continue in force, and have effect as if made, issued, given or done under the corresponding provisions of this Act.

(3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.

(4) Notwithstanding anything contained in this Act, any legal proceeding pending in any Court at the commencement of this Act may be continued in that Court as if this Act had not been passed.

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The Trade and Merchandise Marks Act,1958

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