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Trade Marks Act, 1999

Trade Marks Act 1999 notes with the latest amendments, footnotes. Get a detailed description of all the sections of the Indian Kanoon Trade Marks Act 1999 at easyadvocacy



Section Title
Section- Preamble Chapter 1
Section- 1 Section-1 Short title, extent and commencement Chapter 1
Section- 2 Section-2 Definitions and interpretation Chapter 1
Section- 3 Section-3 Appointment of Registrar and other officers Chapter 1
Section- 4 Section-4 Power of Registrar to withdraw or transfer cases, etc. Chapter 1
Section- 5 Section-5 Trade Marks Registry and officers thereof Chapter 1
Section- 6 Section-6 The Register of Trade Marks Chapter 1
Section- 7 Section-7 Classification of goods and services Chapter 1
Section- 8 Section-8 Publication of alphabetical index Chapter 1
Section- 9 Section-9 Absolute grounds for refusal of registration Chapter 1
Section- 10 Section-10 Limitation as to colour Chapter 1
Section- 11 Section-11 Relative grounds for refusal of registration Chapter 1
Section- 12 Section-12 Registration in the case of honest concurrent use, etc Chapter 1
Section- 13 Section-13 Prohibition of registration of names of chemical elements or international non proprietary names Chapter 1
Section- 14 Section-14 Use of names and representations of living persons or persons recently dead Chapter 1
Section- 15 Section-15 Registration of parts of trade marks and of trade marks as a series Chapter 1
Section- 16 Section-16 Registration of trade marks as associated trade marks Chapter 1
Section- 17 Section-17 Effect of registration of parts of a mark Chapter 1
Section- 18 Section-18 Application for registration Chapter 1
Section- 19 Section-19 Withdrawal of acceptance Chapter 1
Section- 20 Section-20 Advertisement of application Chapter 1
Section- 21 Section-21 Opposition to registration Chapter 1
Section- 22 Section-22 Correction and amendment Chapter 1
Section- 23 Section-23 Registration Chapter 1
Section- 24 Section-24 Jointly owned trade marks Chapter 1
Section- 25 Section-25 Duration, renewal, removal and restoration and registration Chapter 1
Section- 26 Section-26 Effect of removal from register for failure to pay fee for removal Chapter 1
Section- 27 Section-27 No action for infringement of unregistered trade mark Chapter 1
Section- 28 Section-28 Rights conferred by registration Chapter 1
Section- 29 Section-29 Infringement of registered trade marks Chapter 1
Section- 30 Section-30 Limits of effect of registered trade mark Chapter 1
Section- 31 Section-31 Registration to be prima facie evidence of validity Chapter 1
Section- 32 Section-32 Protection of registration on ground of distinctiveness in certain cases Chapter 1
Section- 33 Section-33 Effect of acquiescence Chapter 1
Section- 34 Section-34 Saving for vested rights Chapter 1
Section- 35 Section-35 Saving for use of name, address or description of goods or services Chapter 1
Section- 36 Section-36 Saving for words used as name or description or an article or substance or service Chapter 1
Section- 37 Section-37 Power of registered proprietor to assign and give receipts Chapter 1
Section- 38 Section-38 Assignability and transmissibility of registered trade marks Chapter 1
Section- 39 Section-39 Assignability and transmissibility of unregistered trade marks Chapter 1
Section- 40 Section-40 Restriction on assignment or transmission where multiple exclusive rights would be created Chapter 1
Section- 41 Section-41 Restriction on assignment or transmission when exclusive rights would be created in different parts of India Chapter 1
Section- 42 Section-42 Conditions for assignment otherwise than in connection with the goodwill of a business Chapter 1
Section- 43 Section-43 Assignability and transmissibility of certification trade marks Chapter 1
Section- 44 Section-44 Assignability and transmissibility or associated trade marks Chapter 1
Section- 45 Section-45 Registration of assignment and transmissions Chapter 1
Section- 46 Section-46 Proposed use of trade mark by company to be formed, etc Chapter 1
Section- 47 Section-47 Removal from register and imposition of limitations on ground of non-use Chapter 1
Section- 48 Section-48 Registered users Chapter 1
Section- 49 Section-49 Registration as registered user Chapter 1
Section- 50 Section-50 Power of Registrar for variation or cancellation of registration as registered user Chapter 1
Section- 51 Section-51 Power of Registrar to call for information relating to agreement in respect of registered users Chapter 1
Section- 52 Section-52 Right to registered user to take proceedings against infringement Chapter 1
Section- 53 Section-53 No right of permitted user to take proceedings against infringement Chapter 1
Section- 54 Section-54 Registered user not to have right of assignment or transmission Chapter 1
Section- 55 Section-55 Use of one of associated or substantially identical trade marks equivalent to use of another Chapter 1
Section- 56 Section-56 Use of trade mark for export trade and use when form of trade connection changes Chapter 1
Section- 57 Section-57 Power to cancel or vary registration and to rectify the register Chapter 1
Section- 58 Section-58 Correction of register Chapter 1
Section- 59 Section-59 Alteration of registered trade marks Chapter 1
Section- 60 Section-60 Adaptation of entries in register to amended or substituted classification of goods or services Chapter 1
Section- 61 Section-61 Special provisions for collective marks Chapter 1
Section- 62 Section-62 Collective mark not be misleading to character or significance Chapter 1
Section- 63 Section-63 Application to be accompanied by regulations governing use of collective marks Chapter 1
Section- 64 Section-64 Acceptance of application and regulations by Registrar Chapter 1
Section- 65 Section-65 Regulations to be open to inspection Chapter 1
Section- 66 Section-66 Amendment of regulations Chapter 1
Section- 67 Section-67 Infringement proceedings by registered proprietor of collective mark Chapter 1
Section- 68 Section-68 Additional grounds for removal of registration of collective mark Chapter 1
Section- 69 Section-69 Certain provisions of this Act not applicable to certification trade marks Chapter 1
Section- 70 Section-70 Registration of certification trade marks Chapter 1
Section- 71 Section-71 Applications for registration of certification trade marks Chapter 1
Section- 72 Section-72 Consideration of application for registration by the Registrar Chapter 1
Section- 73 Section-73 Opposition to registration of certification trade marks Chapter 1
Section- 74 Section-74 Filling of regulations governing the use of a certificate trade mark Chapter 1
Section- 75 Section-75 Infringement of certification trade marks Chapter 1
Section- 76 Section-76 Acts not constituting infringement of certification trade marks Chapter 1
Section- 77 Section-77 Cancellation or varying of registration of certification trade mark Chapter 1
Section- 78 Section-78 Rights conferred by registration of certification trade marks Chapter 1
Section- 79 Section-79 Textile goods Chapter 1
Section- 80 Section-80 Restriction on registration of textile goods Chapter 1
Section- 81 Section-81 Stamping of piece goods, cotton yarn thread Chapter 1
Section- 82 Section-82 Determination of character of textile goods by sampling Chapter 1
Section- 83 Section-83 Establishment of Appellate Board Chapter 1
Section- 84 Section-84 Composition of Appellate Board Chapter 1
Section- 85 Section-85 Qualifications for appointments as Chairman, Vice-Chairman, or other Member Chapter 1
Section- 86 Section-86 Term of office of Chairman, Vice-Chairman and other Members Chapter 1
Section- 87 Section-87 Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances Chapter 1
Section- 88 Section-88 Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members Chapter 1
Section- 89 Section-89 Resignation and removal Chapter 1
Section- 90 Section-90 Staff of Appellate Board Chapter 1
Section- 91 Section-91 Appeals to Appellate Board Chapter 1
Section- 92 Section-92 Procedure and powers of Appellate Board Chapter 1
Section- 93 Section-93 Bar of jurisdiction of courts, etc Chapter 1
Section- 94 Section-94 Bar to appear before Appellate Board Chapter 1
Section- 95 Section-95 Conditions as to making of interim orders Chapter 1
Section- 96 Section-96 Power of Chairman to transfer cases from one Bench to another Chapter 1
Section- 97 Section-97. Procedure for application for rectification, etc., before Appellate Board Chapter 1
Section- 98 Section-98 Appearance of Registrar in legal proceedings Chapter 1
Section- 99 Section-99 Costs of Registrar in proceedings before the Appellate Board Chapter 1
Section- 100 Section-100 Transfer of pending proceedings to Appellate Board Chapter 1
Section- 101 Section-101 Meaning of applying trade marks and trade descriptions Chapter 1
Section- 102 Section-102 Falsifying and falsely applying trade marks Chapter 1
Section- 103 Section-103 Penalty for applying false trade marks, trade descriptions, etc Chapter 1
Section- 104 Section-104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied Chapter 1
Section- 105 Section-105 Enhanced penalty on second or subsequent conviction Chapter 1
Section- 106 Section-106 Penalty for removing piece goods, etc., contrary to section 81 Chapter 1
Section- 107 Section-107 Penalty for falsely representing a trade mark as registered Chapter 1
Section- 108 Section-108 Penalty for improperly describing a place of business as connected with the Trade Marks Office Chapter 1
Section- 109 Section-109 Penalty for falsification of entries in the register Chapter 1
Section- 110 Section-110 No offence in certain cases Chapter 1
Section- 111 Section-111 Forfeiture of goods Chapter 1
Section- 112 Section-112 Exemption of certain persons employed in ordinary course of business Chapter 1
Section- 113 Section-113 Procedure where invalidity of registration is pleaded by the accused Chapter 1
Section- 114 Section-114 Offences by companies Chapter 1
Section- 115 Section-115 Cognizance of certain offences and the powers of police officer for search and seizure Chapter 1
Section- 116 Section-116 Evidence of origin of goods imported by sea Chapter 1
Section- 117 Section-117 Costs of defense or prosecution Chapter 1
Section- 118 Section-118 Limitation of prosecution Chapter 1
Section- 119 Section-119 Information as to commission of offence Chapter 1
Section- 120 Section-120 Punishment of abatement in India of acts done out of India Chapter 1
Section- 121 Section-121 Instructions of Central Governments as to permissible Variation to be observed by criminal courts Chapter 1
Section- 122 Section-122 Protection of action taken in good faith Chapter 1
Section- 123 Section-123 Certain persons to be public servants Chapter 1
Section- 124 Section-124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc Chapter 1
Section- 125 Section-125 Application for rectification of register to be made to Appellate Board in certain cases Chapter 1
Section- 126 Section-126 Implied warranty on sale of marked goods Chapter 1
Section- 127 Section-127 Powers of Registrar Chapter 1
Section- 128 Section-128 Exercise of discretionary power by Registrar Chapter 1
Section- 129 Section-129 Evidence before Registrar Chapter 1
Section- 130 Section-130 Death of party to a proceedings Chapter 1
Section- 131 Section-131 Extension of time Chapter 1
Section- 132 Section-132 Abandonment Chapter 1
Section- 133 Section-133 Preliminary advice by the Registrar as to distinctiveness Chapter 1
Section- 134 Section-134 Suit for infringement, etc., to be instituted before district Court Chapter 1
Section- 135 Section-135 Relief in suits for infringement or for passing off Chapter 1
Section- 136 Section-136 Registered user to be impleaded in certain proceedings Chapter 1
Section- 137 Section-137 Evidence of entries in register, etc., and things done by the Registrar Chapter 1
Section- 138 Section-138 Registrar and other officers not compellable to produce register, etc Chapter 1
Section- 139 Section-139 Power to require goods to show indication of origin Chapter 1
Section- 140 Section-140 Power to require information of imported goods bearing false trade marks Chapter 1
Section- 141 Section-141 Certificate of validity Chapter 1
Section- 142 Section-142 Groundless threats of legal proceedings Chapter 1
Section- 143 Section-143 Address for service Chapter 1
Section- 144 Section-144 Trade usages, etc., to be taken into consideration Chapter 1
Section- 146 Section-146 Marks registered by an agent or representative without authority Chapter 1
Section- 147 Section-147 Indexes Chapter 1
Section- 148 Section-148 Documents open to public inspection Chapter 1
Section- 149 Section-149 Reports of Registrar to be placed before Parliament Chapter 1
Section- 150 Section-150 Fees and surcharge Chapter 1
Section- 151 Section-151 Savings in respect of certain matters in Chapter XII Chapter 1
Section- 152 Section-152 Declaration as to ownership as to ownership of trade mark not registrable under the Registration Act, 1908 Chapter 1
Section- 153 Section-153 Government to be bound Chapter 1
Section- 154 Section-154 Special provisions relating to applications for registration from citizens of convention countries Chapter 1
Section- 155 Section-155 Provisions as to reciprocity Chapter 1
Section- 156 Section-156 Power of Central Government to remove difficulties Chapter 1
Section- 157 Section-157 Power to make rules Chapter 1
Section- 158 Section-158 Amendments Chapter 1
Section- 159 Section-159 Repeal and savings Chapter 1
Section- THE SCHEDULE Chapter 1

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