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Section 6 – The Trade Marks Act, 1999

The Trade Marks Act,1999

 

6. The Register of Trade Marks.—

 

(1) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed.

 

(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies, diskettes or in any other electronic form subject to such safeguards as may be prescribed.

 

(3) Where such register is maintained wholly or partly on computer under sub-section (2) any reference in this Act to entry in the register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.

 

(4) No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar.

 

(5) The register shall be kept under the control and management of the Registrar.

 

(6) There shall be kept at each branch office of the Trade Marks Registry a copy of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification in the Official Gazette, direct.

 

(7) The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.

 

Comments

 

This section contains provisions regarding maintenance of a Register of Trade Marks at head office wherein particulars of registered trade marks and other prescribed particulars, except notice of trust, shall be recorded. A copy of the Register is to be kept at each branch office. It provides for maintenance of records in computer floppies or diskettes or in any other electronic form.

 

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The Trade Marks Act, 1999

 

Indian Laws – Bare Acts

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