THE TRADE MARKS ACT, 1999
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions and interpretation.
CHAPTER II
THE REGISTER AND CONDITIONS FOR REGISTRATION
3. Appointment of Registrar and other officers.
4. Power of Registrar to withdraw or transfer cases, etc.
5. Trade Marks Registry and offices thereof.
6. The Register of Trade Marks.
7. Classification of goods and services.
8. Publication of alphabetical index.
9. Absolute grounds for refusal of registration.
10. Limitation as to colour.
11. Relative grounds for refusal of registration.
12. Registration in the case of honest concurrent use, etc.
13. Prohibition of registration of names of chemical elements or international non-proprietary names.
14. Use of names and representations 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. Effect of registration of parts of a mark.
CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
18. Application for registration.
19. Withdrawal of acceptance.
20. Advertisement of application.
21. Opposition to registration.
22. Correction and amendment.
23. Registration.
24. Jointly owned trade marks.
25. Duration, renewal, removal and restoration of registration.
26. Effect of removal from register for failure to pay fee for renewal.
CHAPTER IV
EFFECT OF REGISTRATION
27. No action for infringement of unregistered trade mark.
28. Rights conferred by registration.
29. Infringement of registered trade marks.
30. Limits on effect of registered trade mark.
31. Registration to be prima facie evidence of validity.
32. Protection of registration on ground of distinctiveness in certain cases.
33. Effect of acquiescence.
34. Saving for vested rights.
35. Saving for use of name, address or description of goods or services.
36. Saving for words used as name or description of an article or substance or service.
CHAPTER IVA
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL
36A. Application of Act in case of international registration under Madrid Protocol.
36B. Definitions.
36C. Trade Marks Registry to deal with international applications.
36D. International application originating from India.
36E. International registrations where India has been designated.
36F. Effects of international registration.
36G. Duration and renewal of international registration.
CHAPTER V
ASSIGNMENT AND TRANSMISSION
37. Power of registered proprietor to assign and give receipts.
38. Assignability and transmissibility of registered trade marks.
39. Assignability and transmissibility of unregistered trade marks.
40. Restriction on assignment or transmission where multiple exclusive rights would be created.
41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India.
42. Conditions for assignment otherwise than in connection with the goodwill of a business.
43. Assignability and transmissibility of certification trade marks.
44. Assignability and transmissibility of associated trade marks.
45. Registration of assignments and transmissions.
CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
46. Proposed use of trade mark by company to be formed, etc.
47. Removal from register and imposition of limitations on ground of non-use.
48. Registered users.
49. Registration as registered user.
50. Power of Registrar for variation or cancellation of registration as registered user.
51. Power of Registrar to call for information relating to agreement in respect of registered users.
52. Right of registered user to take proceedings against infringement.
53. No right of permitted user to take proceeding against infringement.
54. Registered user not to have right of assignment or transmission.
55. Use of one of associated or substantially identical trade marks equivalent to use of another.
56. Use of trade mark for export trade and use when form of trade connection changes.
CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
57. Power to cancel or vary registration and to rectify the register.
58. Correction of register.
59. Alteration of registered trade marks.
60. Adaptation of entries in register to amended or substituted classification of goods or services.
CHAPTER VIII
COLLECTIVE MARKS
61. Special provisions for collective marks.
62. Collective mark not to be misleading as to character or significance.
63. Application to be accompanied by regulations governing use of collective marks.
64. Acceptance of application and regulations by Registrar.
65. Regulations to be open to inspection.
66. Amendment of regulations.
67. Infringement proceedings by registered proprietor of collective mark.
68. Additional grounds for removal of registration of collective mark.
CHAPTER IX
CERTIFICATION TRADE MARKS
69. Certain provisions of this Act not applicable to certification trade marks.
70. Registration of certification trade marks.
71. Applications for registration of certification trade marks.
72. Consideration of application for registration by Registrar.
73. Opposition to registration of certification trade marks.
74. Filing of regulations governing use of a certification trade mark.
75. Infringement of certification trade marks.
76. Acts not constituting infringement of certification trade marks.
77. Cancellation or varying of registration of certification trade marks.
78. Rights conferred by registration of certification trade marks.
CHAPTER X. —SPECIAL PROVISIONS FOR TEXTILE GOODS. [Omitted]
79. [Omitted.]
80. [Omitted.]
81. [Omitted.]
82. [Omitted.]
CHAPTER XI
APPELLATE BOARD
83. Establishment of Appellate Board.
84. Composition of Appellate Board.
85. Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.
86. Term of office of Chairperson, Vice-Chairperson and other Members.
87. Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.
88. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.
89. Resignation and removal.
89A. Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.
90. Staff of Appellate Board.
91. Appeals to Appellate Board.
92. Procedure and powers of Appellate Board.
93. Bar of jurisdiction of courts, etc.
94. Bar to appear before Appellate Board.
95. Conditions as to making of interim orders.
96. Power of Chairperson to transfer cases from one Bench to another.
97. Procedure for application for rectification, etc., before Appellate Board.
98. Appearance of Registrar in legal proceedings.
99. Costs of Registrar in proceedings before Appellate Board.
100. Transfer of pending proceedings to Appellate Board.
CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
101. Meaning of applying trade marks and trade descriptions.
102. Falsifying and falsely applying trade marks.
103. Penalty for applying false trade marks, trade descriptions, etc.
104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied.
105. Enhanced penalty on second or subsequent conviction.
106. Penalty for removing piece goods, etc., contrary to section 81.
107. Penalty for falsely representing a trade mark as registered.
108. Penalty for improperly describing a place of business as connected with the Trade Marks Office.
109. Penalty for falsification of entries in the register.
110. No offence in certain cases.
111. Forfeiture of goods.
112. Exemption of certain persons employed in ordinary course of business.
113. Procedure where invalidity of registration is pleaded by the accused.
114. Offences by companies.
115. Cognizance of certain offences and the powers of police officer for search and seizure.
116. Evidence of origin of goods imported by sea.
117. Costs of defence or prosecution.
118. Limitation of prosecution.
119. Information as to commission of offence.
120. Punishment of abetment in India of acts done out of India.
121. Instructions of Central Government as to permissible variation to be observed by criminal courts.
CHAPTER XIII
MISCELLANEOUS
122. Protection of action taken in good faith.
123. Certain persons to be public servants.
124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.
125. Application for rectification of register to be made to Appellate Board in certain cases.
126. Implied warranty on sale of marked goods.
127. Powers of Registrar.
128. Exercise of discretionary power by Registrar.
129. Evidence before Registrar.
130. Death of party to a proceeding.
131. Extension of time.
132. Abandonment.
133. Preliminary advice by the Registrar as to distinctiveness.
134. Suit for infringement, etc., to be instituted before District Court.
135. Relief in suits for infringement or for passing off.
136. Registered user to be impleaded in certain proceedings.
137. Evidence of entries in register, etc., and things done by the Registrar.
138. Registrar and other officers not compellable to produce register, etc.
139. Power to require goods to show indication of origin.
140. Power to require information of imported goods bearing false trade marks.
141. Certificate of validity.
142. Groundless threats of legal proceedings.
143. Address for service.
144. Trade usages, etc., to be taken into consideration.
145. Agents.
146. Marks registered by an agent or representative without authority.
147. Indexes.
148. Documents open to public inspection.
149. Reports of Registrar to be placed before Parliament.
150. Fees and surcharge.
151. Savings in respect of certain matters in Chapter XII.
152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.
153. Government to be bound.
154. Special provisions relating to applications for registration from citizens of convention countries.
155. Provision as to reciprocity.
156. Power of Central Government to remove difficulties.
157. Power to make rules.
158. Amendments.
159. Repeal and savings.
THE SCHEDULE.
