Trade Marks Act, 1999
()
About this ebook
Related to Trade Marks Act, 1999
Related ebooks
Trade Marks Act, 1999 Rating: 0 out of 5 stars0 ratingsCanada Labour Code Rating: 0 out of 5 stars0 ratingsPatents Act 1970 Rating: 0 out of 5 stars0 ratingsAnti-Counterfeiting Trade Agreement Rating: 0 out of 5 stars0 ratingsConvention on International Interests in Mobile Equipment - Cape Town Treaty Rating: 0 out of 5 stars0 ratingsInternal Security Act, 1982 Rating: 0 out of 5 stars0 ratingsCivil Aviation Act Rating: 5 out of 5 stars5/5Vienna Convention on the Law of Treaties Rating: 5 out of 5 stars5/5Air Canada Public Participation Act Rating: 0 out of 5 stars0 ratingsPatent Act Rating: 0 out of 5 stars0 ratingsWaterloo: Including "The Conscript" Rating: 0 out of 5 stars0 ratingsConvention on International Civil Aviation: A Commentary Rating: 0 out of 5 stars0 ratingsFederal Rules of Civil Procedure: Hyperlinked, #2 Rating: 5 out of 5 stars5/5Trademark Protection and Prosecution Rating: 4 out of 5 stars4/5Patent Laws of the Republic of Hawaii and Rules of Practice in the Patent Office Rating: 0 out of 5 stars0 ratingsMonopoly Regulation and Fair Trade Act Rating: 0 out of 5 stars0 ratingsConsumer Protection in India: A brief Guide on the Subject along with the Specimen form of a Complaint Rating: 0 out of 5 stars0 ratingsIntroduction to Negotiable Instruments: As per Indian Laws Rating: 5 out of 5 stars5/5Kinshasa Convention: Convention for the Control of Small Arms and Light Weapons Rating: 0 out of 5 stars0 ratingsMaritime Labour Convention Rating: 5 out of 5 stars5/5Intellectual Property in Consumer Electronics, Software and Technology Startups Rating: 0 out of 5 stars0 ratingsTrademark Dilution: The Protection of Reputed Trademarks Beyond Likelihood of Confusion Rating: 0 out of 5 stars0 ratingsForeign Exchange Transactions Act Rating: 0 out of 5 stars0 ratingsMatrimonial Property Act, 1984 Rating: 0 out of 5 stars0 ratingsForeign Trade Act Rating: 0 out of 5 stars0 ratingsThe Pocket Legal Companion to Trademark: A User-Friendly Handbook on Avoiding Lawsuits and Protecting Your Trademarks Rating: 0 out of 5 stars0 ratingsCommercial Act Rating: 0 out of 5 stars0 ratingsIntroduction to Patents and Patent Law in India Rating: 0 out of 5 stars0 ratingsTechnology Transfer and Commercialization Promotion Act Rating: 0 out of 5 stars0 ratings
Law For You
Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America Rating: 4 out of 5 stars4/5Win In Court Every Time Rating: 5 out of 5 stars5/5Trans: When Ideology Meets Reality Rating: 3 out of 5 stars3/5The Everything Guide To Being A Paralegal: Winning Secrets to a Successful Career! Rating: 5 out of 5 stars5/5The Source: The Secrets of the Universe, the Science of the Brain Rating: 4 out of 5 stars4/5Verbal Judo, Second Edition: The Gentle Art of Persuasion Rating: 4 out of 5 stars4/5The Everything Executor and Trustee Book: A Step-by-Step Guide to Estate and Trust Administration Rating: 3 out of 5 stars3/5Legal Words You Should Know: Over 1,000 Essential Terms to Understand Contracts, Wills, and the Legal System Rating: 4 out of 5 stars4/5Law For Dummies Rating: 4 out of 5 stars4/5Win Your Case: How to Present, Persuade, and Prevail--Every Place, Every Time Rating: 5 out of 5 stars5/5The LLC and Corporation Start-Up Guide: Your Complete Guide to Launching the Right Business Rating: 5 out of 5 stars5/5Legal Writing in Plain English: A Text with Exercises Rating: 3 out of 5 stars3/58 Living Trust Forms: Legal Self-Help Guide Rating: 5 out of 5 stars5/5No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State Rating: 4 out of 5 stars4/5The ZERO Percent: Secrets of the United States, the Power of Trust, Nationality, Banking and ZERO TAXES! Rating: 5 out of 5 stars5/5The Socratic Method: A Practitioner's Handbook Rating: 4 out of 5 stars4/5The Paralegal's Handbook: A Complete Reference for All Your Daily Tasks Rating: 4 out of 5 stars4/5Criminal Law Rating: 0 out of 5 stars0 ratingsEstate & Trust Administration For Dummies Rating: 0 out of 5 stars0 ratingsThe Common Law Rating: 4 out of 5 stars4/5Police State: Ten Secrets The Police Don't Want You To Know! (How To Survive Police Encounters!) Rating: 5 out of 5 stars5/5How to Think Like a Lawyer--and Why: A Common-Sense Guide to Everyday Dilemmas Rating: 4 out of 5 stars4/5The Mueller Report: Final Special Counsel Report of President Donald Trump and Russia Collusion Rating: 4 out of 5 stars4/5The Pro Se Litigant's Civil Litigation Handbook: How to Represent Yourself in a Civil Lawsuit Rating: 5 out of 5 stars5/5Divorcing a Narcissist: The Lure, the Loss and the Law Rating: 0 out of 5 stars0 ratings
Reviews for Trade Marks Act, 1999
0 ratings0 reviews
Book preview
Trade Marks Act, 1999 - Parliament of India
Parliament of India
Trade Marks Act, 1999
EAN 8596547086710
DigiCat, 2022
Contact: [email protected]
Table of Contents
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
THE TRADE MARKS ACT, 1999
RAGHBIR SINGH,
सं 60]
नई दिल्ली, बृहस्पतिवार, दिसम्बर 30, 1999 / पौष 9, 1921
No. 60]
NEW DELHI, THURSDAY, DECEMBER, 30, 1999 / PAUSA 9, 1921
इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके।
Separate paging is given to this Part in order that it may be filed as a separate compilation.
MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS
Table of Contents
(Legislative Department)
New Delhi, the 30th December, 1999/Pausa 9, 1921 (Saka)
The following Act of Parliament received the assent of the President on the 30th December, 1999, and is hereby published for general information:—
THE TRADE MARKS ACT, 1999
Table of Contents
No.47 of 1999
[30th December, 1999]
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
CHAPTER I
Preliminary
1. (1) This Act may be called the Trade Marks Act, 1999. Short title,
extent and
commencement.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. (1) In this Act, unless the context otherwise requires,— Definitions and
interpretation.
(a) Appellate Board
means the Appellate Board established under section 83;
(b) assignment
means an assignment in writing by act of the parties concerned;
(c) associated trade marks
means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(d) Bench
means a Bench of the Appellate Board;
(e) certification trade mark
means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
(f) Chairman
means the Chairman of the Appellate Board;
(g) collective mark
means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark from those 9 of 1932. of others; 9 of 1932.
(h) deceptively similar
.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) false trade description
means—
(I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
(III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or
(IV) any marks or arrangement or combination thereof when applied—
(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;
(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or
(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials—
(a) is or are not a trade mark or part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services,
and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;
(j) goods
means anything which is the subject of trade or manufacture;
(k) Judicial Member
means a Member of the Appellate Board appointed as such under this Act, and includes the Chairman and the Vice-Chairman;
(l) limitations
(with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;
(m) mark
includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
(n) Member
means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairman and the Vice-Chairman;
(o) name
includes any abbreviation of a name;
(p) notify
means to notify in the Trade Mark Journal published by the Registrar;
(q) package
includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(r) permitted use
, in relation to a registered trade mark, means the use of trade mark—
(i) by a registered user of the trade mark in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) for which he is registered as registered user; and
(d) which complies with any conditions or limitations to which the registration of registered user is subject; or
(ii) by a person other than the registered proprietor and registered user in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) by consent of such registered proprietor in a written agreement; and
(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;
(s) prescribed
means prescribed by rules made under this Act;
(t) register
means the Register of Trade Marks referred to in sub-section (l) of section 6;
(u) registered
(with it grammatical variations) means registered under this Act;
(v) registered proprietor
, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;
(w) registered trade mark
means a trade mark which is actually on the register and remaining in force;
(x) registered user
means a person who is for the time being registered as such under section 49;
(y) Registrar
means the Registrar of Trade Marks referred to in section 3;
(z) service
means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
(za) trade description
means any description, statement or other indication, direct or indirect,—
(i) as to the number, quantity, measure, guage or weight of any goods; or
(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or
(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being drug
as defined in the Drugs and Cosmetics Act, 1940, 23 of 1940. or food
as defined in the Prevention of Food Adulteration Act, 1954; 37 of 1954. or
(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or
(v) as to the name and address or other indication of the identity of