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The Trade and Merchandise Marks Act,1958

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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