SectionsParticulars
Preamble
(Act No. 47 of 1999) An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks f...
Chapter 1Preliminary
1Short title, extent and commencement
– (1) This Act may be called the Trade Marks Act, 1999. (2) It extend to the whole of India. (3) It shall come into force on such date as the Central Gover...
2Definitions and interpretation
(1)In this Act , unless the context otherwise requires, - (a) "Appellate Board" means the Appellate Board established under section 83: (b) "assignment" mean...
Chapter 2The Register and Conditions for Registration
3Appointment of Registrar and other officers
(1) The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Controller-General of Patents, Designs and Trade...
4Power of Registrar to withdraw or transfer cases, etc
Without prejudice to the generality of the provisions of such-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded...
5Trade Marks Registry and officers thereof
(1) For the purposes of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1...
6The Register of Trade Marks
(1) For the purposes of this Act, a record called the Register of Trade Mark shall be kept at the head office of the Trade Marks Registry, wherein shall be e...
7Classification of goods and services
(1) The Register shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purpo...
8Publication of alphabetical index
(1) The Registrar may publish in the prescribed manner an alphabetical index of classification of gods and services referred to in section 7. Where any goods...
9Absolute grounds for refusal of registration
.- (1) The trade marks - (a) Which are devoid of any distinctive character, that is to say, not capable of distinguishing the good or services of one person f...
10Limitation as to colour
(1) A trade mark may be limited wholly or in part to any combination of colors and any such limitation shall be taken into consideration by the tribunal havi...
11Relative grounds for refusal of registration
(1) Save as provided in section 12, trade mark shall not be registered if, because of- (a) its identity with an earlier trade mark and similarly of goods or ...
12Registration in the case of honest concurrent use, etc
In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the regis...
13Prohibition of registration of names of chemical elements or international non proprietary names
No word – (a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) i...
14Use of names and representations of living persons or persons recently dead
Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took pla...
15Registration of parts of trade marks and of trade marks as a series
(1) Where the proprietor of a trade mark claims to be entitled to be entitled to the exclusive use of any part thereof separately, he may apply to register t...
16Registration of trade marks as associated trade marks
(1) Where a trade mark which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with anothe...
17Effect of registration of parts of a mark
(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark as a whole. (2...
Chapter 3Procedure for and Duration of Registration
18Application for registration
(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to ...
19Withdrawal of acceptance
Where, after the acceptance of an application for registration of a trade mark but before its registration, the Registrar is satisfied.- (a) that the applica...
20Advertisement of application
(1) When an application for registration of a trade mark has been accepted whether absolutely or subject to conditions or limitations, the Registrar shall, as...
21Opposition to registration
(1) Any person may, within three months from the date of the advertisement or re-advertisement of an application for registration or within such further peri...
22Correction and amendment
The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, perm...
23Registration
(1) Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either- (a) the application has not ...
24Jointly owned trade marks
(1) Save as provided in sub-section (2), nothing in this Act shall authorize the registration of two or more persons who use a trade mark independently, or pr...
25Duration, renewal, removal and restoration and registration
.- (1) The registration of trade mark, after the commencement of this Act, shall be for a period of ten years, but may be renewed from time to time in accorda...
26Effect of removal from register for failure to pay fee for removal
– Where a trade mark has been removed has been removed from the register the register for failure to pay the fee for renewal, it shall nevertheless, for the ...
Chapter 4Effect of Registration
27No action for infringement of unregistered trade mark
.- (1) No person shall be entitled to institute to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade m...
28Rights conferred by registration
(1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the ex...
29Infringement of registered trade marks
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of ...
30Limits of effect of registered trade mark
(1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services...
31Registration to be prima facie evidence of validity
(I) In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the t...
32Protection of registration on ground of distinctiveness in certain cases
Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, no consequence of the use which has been made...
33Effect of acquiescence
(1) Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of t...
34Saving for vested rights
Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade ...
35Saving for use of name, address or description of goods or services
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own na...
36Saving for words used as name or description or an article or substance or service
(1) The registration of a trade mark shall not be deemed to have become in valid by reason only of any use after the date of the registration of any word or w...
Chapter 5Assignment and Transmission
37Power of registered proprietor to assign and give receipts
The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing f...
38Assignability and transmissibility of registered trade marks
Notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmi...
39Assignability and transmissibility of unregistered trade marks
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. ...
40Restriction on assignment or transmission where multiple exclusive rights would be created
(1) Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in case in which as a result of the assignment or tr...
41Restriction on assignment or transmission when exclusive rights would be created in different parts of India
Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or tra...
42Conditions for assignment otherwise than in connection with the goodwill of a business
When an assignment of trade mark, whether registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark...
43Assignability and transmissibility of certification trade marks
A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in ...
44Assignability and transmissibility or associated trade marks
Associated trade mark shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for a...
45Registration of assignment and transmissions
(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall apply in the prescribed manner to the Register to regi...
Chapter 6Use of Trade Marks and Registered Users
46Proposed use of trade mark by company to be formed, etc
(1) No application for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be wi...
47Removal from register and imposition of limitations on ground of non-use
(1) A register trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the pr...
48Registered users
(1) Subject to the provisions of section 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in ...
49Registration as registered user
(1) Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user ...
50Power of Registrar for variation or cancellation of registration as registered user
 (1) Without prejudice to the provisions of section 57, the registration of a person as registered user- (a) may be varied by the Registrar as regards the go...
51Power of Registrar to call for information relating to agreement in respect of registered users
(1) The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor...
52Right to registered user to take proceedings against infringement
(1) Subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the re...
53No right of permitted user to take proceedings against infringement
A person referred to in sub-clause (ii) of clause (r) of sub-section (1) of section 2 shall have no right to institute any proceedings any proceeding for any...
54Registered user not to have right of assignment or transmission
Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. The right of a registered us...
55Use of one of associated or substantially identical trade marks equivalent to use of another
(1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if any, so far as it s...
56Use of trade mark for export trade and use when form of trade connection changes
(1) The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in Indi...
Chapter 7Rectification and Correction of the Register
57Power to cancel or vary registration and to rectify the register
.- (1) On application made in the prescribed manner to the Appellate Board or to the Registrar by any person aggrieved, the tribunal may make such order as it...
58Correction of register
(1) The Registrar may, on application made in the prescribed manner by the registered proprietor - (a) correct any error in the name, address or description ...
59Alteration of registered trade marks
– (1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner...
60Adaptation of entries in register to amended or substituted classification of goods or services
(1) The Registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or services to those in re...
Chapter 8Collective Marks
61Special provisions for collective marks
(1) The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter. (2) In relation to a collective mark the ...
62Collective mark not be misleading to character or significance
.- A collective mark shall not be registered if its is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to...
63Application to be accompanied by regulations governing use of collective marks
(1) An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark. (2) The regulation...
64Acceptance of application and regulations by Registrar
If it appears to the Registrar that the requirements for registration for registration are satisfied, he shall accept the application together with the regul...
65Regulations to be open to inspection
The regulations referred to in sub-section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148. ...
66Amendment of regulations
Any amendment of regulations of refereed to in sub-section (1) of section 63 shall not be effective unless the amended regulations are filed with the Registr...
67Infringement proceedings by registered proprietor of collective mark
In a suit for infringement instituted by the registered proprietor of a collective mark as plaintiff the court shall take into account any loss suffered or l...
68Additional grounds for removal of registration of collective mark
The registration of a collective mark may also be removed from the register on the ground.- (a) that the manner in which the collective mark has been used by...
Chapter 9Certification Trade Marks
69Certain provisions of this Act not applicable to certification trade marks
The following provisions of this Act shall not apply to certification trade marks, that is to say,- (a) clauses (a) and (c) of sub-section (1) of section 9 (...
70Registration of certification trade marks
A mark shall not be registered as a certification trade mark in the name of a persons who carries on a trade in goods of the kind certified or a trade of the...
71Applications for registration of certification trade marks
(1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person propose...
72Consideration of application for registration by the Registrar
(1) The Registrar shall consider the application made under section 71 with regard to the following matters, namely :- (a) whether the applicant is competen...
73Opposition to registration of certification trade marks
When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed...
74Filling of regulations governing the use of a certificate trade mark
.- (1) There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use th...
75Infringement of certification trade marks
The rights conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorized...
76Acts not constituting infringement of certification trade marks
(1) Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered certificatio...
77Cancellation or varying of registration of certification trade mark
The registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the applica...
78Rights conferred by registration of certification trade marks
(1) Subject to the provisions of section 34, 35 and 76 the registration of a person as a proprietor of certification trade mark in respect of any goods or se...
Chapter 10Special Provisions for Textile Goods
79Textile goods
The Central Government prescribe classes of goods (in this Chapter referred to as textile goods ) to the trade mark used in relation to which the provisions ...
80Restriction on registration of textile goods
.- (1) In respect of textile goods being piece goods.- (a) no mark consisting of a line heading alone shall be registrable as a trade mark. (b) a line headin...
81Stamping of piece goods, cotton yarn thread
(1) Piece goods, such as are ordinarily sold by length or by the piece, which have been manufactured, bleached, dyed, printed or finished in premises which ar...
82Determination of character of textile goods by sampling
(1) For the purposes of this Act, the Central Government may make rules.- (a) to provide, with respect to any goods which purport or are alleged to be of uni...
Chapter 11Appellate Board
83Establishment of Appellate Board
The Central Government shall, by notification in the Official Gazette, establish an Appellate Board to be known as the Intellectual Property Appellate Board t...
84Composition of Appellate Board
.- (1) The Appellate Board shall consist of a Chairman, Vice –Chairman and such number of other Members, as the Central Government may, deem fit and , subject...
85Qualifications for appointments as Chairman, Vice-Chairman, or other Member
(1) A person shall not be qualified for appointment as the Chairman unless he - (a) is, or has been, a Judge of a High Court, or (b) has, for at least two y...
86Term of office of Chairman, Vice-Chairman and other Members
The Chairman, Vice-Chairman or other Members shall hold offices as such for a term of five years from the date on which he enters upon his office or until he...
87Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
.- (1) In the event or of any vacancy in the office of the Chairman by reasons of his death, resignation or otherwise, the Vice-Chairman and in his absence th...
88Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members
.- (1) The salaries and allowance payable, to and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the Cha...
89Resignation and removal
(1) The Chairman, Vice-Chairman or any other Member may, by notice in writing under his hand addressed to the President of India, resign his office. that the...
90Staff of Appellate Board
.- (1) The Central Government shall determine the nature and categories of the officers and other employees required to assist the Appellate Board in the disc...
91Appeals to Appellate Board
(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board wi...
92Procedure and powers of Appellate Board
(1) The Appellate Board shall not be bound by the procedure laid down in the Code of Civil Procedure., 1908 (5 of 1908) but shall be guided by principles of ...
93Bar of jurisdiction of courts, etc
No court or other authority shall have or, be entitled to, exercise any jurisdiction, powers or authority in relation to the matters referred to in sub-secti...
94Bar to appear before Appellate Board
On ceasing to hold office, the Chairman, Vice-Chairman or other Members shall not appear before the Appellate Board or the Registrar. ...
95Conditions as to making of interim orders
Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of i...
96Power of Chairman to transfer cases from one Bench to another
On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion w...
97Procedure for application for rectification, etc., before Appellate Board
.- (1) An application for rectification of the register made to the Appellate Board under section 57 shall be in such form as may be prescribed. (2) A certif...
98Appearance of Registrar in legal proceedings
(1) The Registrar shall have the right to appeal and be heard.- (a) in any legal proceedings before the Appellate Board in which the relief sought includes ...
99Costs of Registrar in proceedings before the Appellate Board
In all proceedings under this Act before the Appellate board the costs of the Registrar shall be in the discretion of the Board, but the Registrar shall not ...
100Transfer of pending proceedings to Appellate Board
All cases of appeals against any order or decision of the Registrar and all cases pertaining to rectification of register, pending before any High Court, sha...
Chapter 12Offences, Penalties and Procedure
101Meaning of applying trade marks and trade descriptions
(1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who – (a) applies it to the goods themselves or use it i...
102Falsifying and falsely applying trade marks
(1) A person shall be deemed to falsify a trade mark who, either,- (a) without the assent of the proprietor of the trade mark makes that trade mark or a dece...
103Penalty for applying false trade marks, trade descriptions, etc
Any person who – (a) falsifies any trade mark, or (b) falsely applies to goods or services any trade mark, or (c) makes, disposes of, or has in his possession...
104Penalty for selling goods or providing services to which false trade mark or false trade description is applied
.- Any person who sells, lets for hire or exposes for sale, or hires or has his possession for sale, goods or things, or provides or hires services, to which ...
105Enhanced penalty on second or subsequent conviction
.- Whoever having already been convicted of an offence under section 103 or section 104 is again convicted of any such offence shall be punishable for the sec...
106Penalty for removing piece goods, etc., contrary to section 81
- If any person removes or attempts to remove or cause or attempts to cause to be removed for sale from any premises referred to in section 81 or sells or exp...
107Penalty for falsely representing a trade mark as registered
- (1) No person shall make any representation – (a) with respect to mark, not being a registered trade mark, to the effect that it is a registered trade mark,...
108Penalty for improperly describing a place of business as connected with the Trade Marks Office
If any person use on his place of business, or on any document issued by him, or otherwise, words which would reasonably lead to the belief that extend to tw...
109Penalty for falsification of entries in the register
If any person makes, or causes to be made, a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produc...
110No offence in certain cases
.- The provisions of sections 102,103, 104 and 105 shall, in relation to a registered trade mark or proprietor of such mark, be subject to the rights created ...
111Forfeiture of goods
(1) Where a person is convicted of an offence under section 103 or section 104 or section 105 or is acquitted of an offence under section 103 or section 104 ...
112Exemption of certain persons employed in ordinary course of business
EWhere a person accused of an offence under section 103 proves.- (a) That in the ordinary course of his business he is employed on behalf of other persons to ...
113Procedure where invalidity of registration is pleaded by the accused
.- (1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the reg...
114Offences by companies
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for th...
115Cognizance of certain offences and the powers of police officer for search and seizure
(1) No court shall take cognizance of an offence under section 107 or section 108 of section 109 except on complaint in writing made by the Registrar or any ...
116Evidence of origin of goods imported by sea
In the case of goods brought into India by sea, evidence of the port of shipment shall, in a prosecution for an offence under this Act or under clause (b) of...
117Costs of defense or prosecution
In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the ...
118Limitation of prosecution
No prosecution for an offence under this Act or under clause (b) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under...
119Information as to commission of offence
.- An officer of the Government whose duty it is to take part in the enforcement of the provisions of this Chapter shall not be compelled in any court to say ...
120Punishment of abatement in India of acts done out of India
If any person, being within India, abets the commission, without India, of any act which, if committed in India, would under this Act, be an offence, he may ...
121Instructions of Central Governments as to permissible Variation to be observed by criminal courts
The Central Government may, by notification in the Official Gazette, issue instructions for the limits of variations, as regards number, quantity, measure, g...
Chapter 13Miscellaneous
122Protection of action taken in good faith
.- No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of t...
123Certain persons to be public servants
Every persons appointed under this Act and every Member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the ...
124Stay of proceedings where the validity of registration of the trade mark is questioned, etc
.- (1) Where in any suit for infringement of a trade mark – (a) the defendant pleads that registration of the plaintiff’s trade mark is invalid, or (b) the de...
125Application for rectification of register to be made to Appellate Board in certain cases
(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff’s trade mark is questioned by the defendant...
126Implied warranty on sale of marked goods
Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any servic...
127Powers of Registrar
.- In all proceedings under this Act before the Registrar, - (a) the Registrar shall have all the powers of a civil court for the purpose of receiving evidenc...
128Exercise of discretionary power by Registrar
Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made there...
129Evidence before Registrar
.- In any proceeding under this Act before the Registrar, evidence shall be given by affidavit. that the Registrar may, if he thinks fit, take oral evidence i...
130Death of party to a proceedings
If a person who is a party to a proceeding under this Act (not being a proceeding before the Appellate Board or a court) dies pending the proceeding, the Reg...
131Extension of time
(1) If the Registrar is satisfied, on application the course to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient ...
132Abandonment
Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application field under this Act or any Act relating to trade mark...
133Preliminary advice by the Registrar as to distinctiveness
(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give adv...
134Suit for infringement, etc., to be instituted before district Court
(1) No suit – (a) for the infringement of a registered trade mark, or (b) relating to any right in a registered trade mark, or (c) for passing off arising ou...
135Relief in suits for infringement or for passing off
(1) The relief which a court may grant in any suit for infringement or for passing off referred on in section 134 includes injunction (subject to such terms,...
136Registered user to be impleaded in certain proceedings
(1) In every proceeding under Chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an app...
137Evidence of entries in register, etc., and things done by the Registrar
(1) A copy of any entry in the register or of any document referred to in sub-section (1) of section 148 purporting to be certified by the Registrar and seal...
138Registrar and other officers not compellable to produce register, etc
.- The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the regi...
139Power to require goods to show indication of origin
(1) The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or prod...
140Power to require information of imported goods bearing false trade marks
(1) The proprietor or a licensee of a registered trade mark may give notice in writing to the Collector of Customs to prohibit the importation of any goods i...
141Certificate of validity
If in any legal proceeding for rectification of the register before the Appellate Board a decision is on contest given in favor of the registered proprietor ...
142Groundless threats of legal proceedings
(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of trade mark which ...
143Address for service
.- An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be t...
144Trade usages, etc., to be taken into consideration
In any proceeding relating to a trade mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade na...
146Marks registered by an agent or representative without authority
If an agent or representative of the proprietor of a registered trade mark, without authority uses or attempts to register the mark in his own name, the prop...
147Indexes
There shall be kept under the direction and supervision of the Registrar. - (a) an index of registered trade mark (b) an index of trade marks in respect of w...
148Documents open to public inspection
(1) Save as otherwise provided is based. (a) the register and any document upon which any entry in the register is based. (b) every notice of opposition to th...
149Reports of Registrar to be placed before Parliament
The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution by or under the Registrar of t...
150Fees and surcharge
.- (1) There shall be paid in respect of applications and registration and other matters under this Act such fees and surcharge as may be prescribed by the Ce...
151Savings in respect of certain matters in Chapter XII
Nothing in Chapter XII shall - (a) exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him,...
152Declaration as to ownership as to ownership of trade mark not registrable under the Registration Act, 1908
.- Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no document declaring or purporting to declare the ownership or title of a p...
153Government to be bound
The provisions of this Act shall be binding on the Government. ...
154Special provisions relating to applications for registration from citizens of convention countries
.- (1) With a view to the fulfillment of treaty, convention or arrangement with any country or country which is a member of a group of countries or union of c...
155Provisions as to reciprocity
Where any country or country which is a member of a group of countries or union of countries specified by the Central Government in this behalf by notificati...
156Power of Central Government to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make suc...
157Power to make rules
(1) The Central Government may, by notification in the Official Gazette and subject, to the conditions of previous publication, make rules to carry out the p...
158Amendments
The enactment specified in the Schedule shall be amended in the manner specified therein. ...
159Repeal and savings
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, ...
Schedule
1956 1 The Companies Act, 1956 (1) In section 20, for sub-section (2), the following sub sections shall Act, 1956 be substituted, namely:-        ...
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