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Schedule – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Schedule

AMENDMENTS

(See Sec. 135)

Year No Short title Amendment 1860 45 The Indian Panel Code. (i) In the heading to Chapter XVIII, the words “TRADE OR” shall be omitted. (ii) In the heading above Sec. 478, the word “trade” shall be omitted; (iii) Sees. 478 and 480 shall be omitted: (iv) In Sec. 482, the words “any false trade mark or” shall be omitted; (v) In Sec. 483, the words “trade mark or” shall be omitted; (vi) For Sec. 465, the following section shall be substituted, namely- 485. Making or possession of any instrument for counterfeiting a property mark. -Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark, or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they do not belong, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both,” 1871 1 The specific relief Act,1877. vii) In Sec. 486, for the words “whoever sells, or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things with a counterfeit trade mark or property mark” , the words “Whoever sells, or exposes. or has in possession for sale, any goods or things with a counterfeit property mark” shall substituted.1871 1 The Specific Relief Act,1877 In Sec. 54, the explanation and illustration (w) shall be omitted. 1878 8 The Sea Customs Act,1878. In Sec. 18, – (i) For Cl. (d), the following clause shall be substituted, namely: (d) Goods having applied thereto a false trade mark within the meaning of Sec. 77 of the Trade and Merchandise Marks Act,1958; (dd) Goods having applied thereto a false trade description within the meaning of Cl. (p of sub-section (1) of Sec. 2. of the Trade and Merchandise Marks Act,1958, otherwise than in relation to any of the matters specified in subclauses (ii) and (iii) of Cl. (u) of that sub-section.” ; (ii) In Cl. (D, in sub-clause (ii), for the words “standard yards” , the words “standard yards or in standard metres” shall be substituted; (iii) For Cl. (h), the following clause shall be substituted, namely: (h)Goods, which are required by a notification under Sec. I 1 7 of the Trade and Merchandise Marks Act,1958, to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer or the person for whom the goods were manufactured unless such goods show such indication applied in the manner specified in the notification,” (iv) In Cl. (i), in sub-clause (ii) For the words and figures “under Sec. 20 of the Indian Merchandise Marks Act 1989 (4 of 1889), the words and figures “under Sec. 75 of the Trade and Merchandise Marks Act,1958” shall be substituted; (v) In Cl. (fl, in sub-clause (ii), for the words and figures “under Sec. 20 of the Indian Merchandise Marks Act,1889 (4 of 1889)” , the words and figures “under Sec. 75 of the Trade and Merchandise Marks Act,1958” shall be substituted.1898 5 The Code of Criminal Procedure,1898. In Sch. II, – (i) In the heading to Chapter XVIII, the words “Trade OR” shall be omitted; (ii) In the heading above Sec. 482 the words “trade and” shall be omitted: (iii) In the second columns of the entry relating to Sec. 482, the words “trade or” shall be omitted; (iv) In the second column of the entry relating to Sec. 483, the words “trade or” shall be omitted; (v) In the second column of the entry relating to Sec. 485, the words “or trade” shall be omitted; (vi) In the second column of the entry relating to Sec. 486, the words “or trade” shall be omitted.

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The Trade and Merchandis
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