The Trade Marks Act, 1999

Central Act · Act 47 of 1999148 provisions47 citing judgments

The enactment

Full text, provision by provision

Every provision below opens in full, free and without an account.

• Section 1 Short title, extent and commencement.
• Section 2 Definitions and interpretation.2 citing judgments
• Section 3 Appointment of Registrar and other officers.
• Section 4 Power of Registrar to withdraw or transfer cases, etc.
• Section 5 Trade Marks Registry and offices thereof.
• Section 6 The Register of Trade Marks.
• Section 7 Classification of goods and services.
• Section 8 Publication of alphabetical index.1 citing judgment
• Section 9 Absolute grounds for refusal of registration.2 citing judgments
• Section 10 Limitation as to colour.
• Section 11 Relative grounds for refusal of registration.3 citing judgments
• Section 12 Registration in the case of honest concurrent use, etc.1 citing judgment
• Section 13 Prohibition of registration of names of chemical elements or international non-proprietary names.
• Section 14 Use of names and representations of living persons or persons recently dead.
• Section 15 Registration of parts of trade marks and of trade marks as a series.1 citing judgment
• Section 16 Registration of trade marks as associated trade marks.
• Section 17 Effect of registration of parts of a mark.1 citing judgment
• Section 18 Application for registration.1 citing judgment
• Section 19 Withdrawal of acceptance.
• Section 20 Advertisement of application.1 citing judgment
• Section 21 Opposition to registration.
• Section 22 Correction and amendment.
• Section 23 Registration.
• Section 24 Jointly owned trade marks.
• Section 25 Duration, renewal, removal and restoration of registration.
• Section 26 Effect of removal from register for failure to pay fee for renewal.
• Section 27 No action for infringement of unregistered trade mark.
• Section 28 Rights conferred by registration.1 citing judgment
• Section 29 Infringement of registered trade marks.1 citing judgment
• Section 30 Limits on effect of registered trade mark.
• Section 31 Registration to be prima facie evidence of validity.
• Section 32 Protection of registration on ground of distinctiveness in certain cases.
• Section 33 Effect of acquiescence.
• Section 34 Saving for vested rights.1 citing judgment
• Section 35 Saving for use of name, address or description of goods or services.
• Section 36 Saving for words used as name or description of an article or substance or service.
• Section 36A Application of Act in case of international registration under Madrid Protocol.
• Section 36B Definitions.
• Section 36C Trade Marks Registry to deal with international applications.
• Section 36D International application originating from India.
• Section 36E International registrations where India has been designated.
• Section 36F Effects of international registration.
• Section 36G Duration and renewal of international registration.
• Section 37 Power of registered proprietor to assign and give receipts.
• Section 38 Assignability and transmissibility of registered trade marks.
• Section 39 Assignability and transmissibility of unregistered trade marks.
• Section 40 Restriction on assignment or transmission where multiple exclusive rights would be created.
• Section 41 Restriction on assignment or transmission when exclusive rights would be created in different parts of India.
• Section 42 Conditions for assignment otherwise than in connection with the goodwill of a business.
• Section 43 Assignability and transmissibility of certification trade marks.
• Section 44 Assignability and transmissibility of associated trade marks.
• Section 45 Registration of assignments and transmissions.
• Section 46 Proposed use of trade mark by company to be formed, etc.3 citing judgments
• Section 47 Removal from register and imposition of limitations on ground of non-use.2 citing judgments
• Section 48 Registered users.
• Section 49 Registration as registered user.
• Section 50 Power of Registrar for variation or cancellation of registration as registered user.
• Section 51 Power of Registrar to call for information relating to agreement in respect of registered users.
• Section 52 Right of registered user to take proceedings against infringement.
• Section 53 No right of permitted user to take proceeding against infringement.
• Section 54 Registered user not to have right of assignment or transmission.
• Section 55 Use of one of associated or substantially identical trade marks equivalent to use of another.2 citing judgments
• Section 56 Use of trade mark for export trade and use when form of trade connection changes.
• Section 57 Power to cancel or vary registration and to rectify the register.2 citing judgments
• Section 58 Correction of register.
• Section 59 Alteration of registered trade marks.
• Section 60 Adaptation of entries in register to amended or substituted classification of goods or services.
• Section 61 Special provisions for collective marks.
• Section 62 Collective mark not to be misleading as to character or significance.1 citing judgment
• Section 63 Application to be accompanied by regulations governing use of collective marks.
• Section 64 Acceptance of application and regulations by Registrar.
• Section 65 Regulations to be open to inspection.
• Section 66 Amendment of regulations.
• Section 67 Infringement proceedings by registered proprietor of collective mark.
• Section 68 Additional grounds for removal of registration of collective mark.
• Section 69 Certain provisions of this Act not applicable to certification trade marks.
• Section 70 Registration of certification trade marks.
• Section 71 Applications for registration of certification trade marks.
• Section 72 Consideration of application for registration by Registrar.
• Section 73 Opposition to registration of certification trade marks.
• Section 74 Filing of regulations governing use of a certification trade mark.
• Section 75 Infringement of certification trade marks.
• Section 76 Acts not constituting infringement of certification trade marks.4 citing judgments
• Section 77 Cancellation or varying of registration of certification trade marks.4 citing judgments
• Section 78 Rights conferred by registration of certification trade marks.
• Section 91 Appeals to High Court.
• Section 94 Bar to appear before Registrar
• Section 97 Procedure for application for rectification, etc., before High Court.
• Section 98 Appearance of Registrar in legal proceedings.
• Section 101 Meaning of applying trade marks and trade descriptions.
• Section 102 Falsifying and falsely applying trade marks.
• Section 103 Penalty for applying false trade marks, trade descriptions, etc.
• Section 104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied.
• Section 105 Enhanced penalty on second or subsequent conviction.
• Section 107 Penalty for falsely representing a trade mark as registered.
• Section 108 Omitted.
• Section 110 No offence in certain cases.
• Section 111 Forfeiture of goods.2 citing judgments
• Section 112 Exemption of certain persons employed in ordinary course of business.
• Section 112A Adjudication of penalties.
• Section 112B Appeal.
• Section 113 Procedure where invalidity of registration is pleaded by the accused.
• Section 114 Offences by companies.
• Section 115 Cognizance of certain offences and the powers of police officer for search and seizure.
• Section 116 Evidence of origin of goods imported by sea.
• Section 117 Costs of defence or prosecution.
• Section 118 Limitation of prosecution.
• Section 119 Information as to commission of offence.
• Section 120 Punishment of abetment in India of acts done out of India.
• Section 121 Instructions of Central Government as to permissible variation to be observed by criminal courts.
• Section 122 Protection of action taken in good faith.
• Section 123 Certain persons to be public servants.
• Section 124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc.3 citing judgments
• Section 125 Application for rectification of register to be made to High Court in certain cases.2 citing judgments
• Section 126 Implied warranty on sale of marked goods.
• Section 127 Powers of Registrar.
• Section 128 Exercise of discretionary power by Registrar.
• Section 129 Evidence before Registrar.
• Section 130 Death of party to a proceeding.
• Section 131 Extension of time.
• Section 132 Abandonment.
• Section 133 Preliminary advice by the Registrar as to distinctiveness.
• Section 134 Suit for infringement, etc., to be instituted before District Court.4 citing judgments
• Section 135 Relief in suits for infringement or for passing off.
• Section 136 Registered user to be impleaded in certain proceedings.
• Section 137 Evidence of entries in register, etc., and things done by the Registrar.
• Section 138 Registrar and other officers not compellable to produce register, etc.
• Section 139 Power to require goods to show indication of origin.
• Section 140 Power to require information of imported goods bearing false trade marks.
• Section 141 Certificate of validity.
• Section 142 Groundless threats of legal proceedings.1 citing judgment
• Section 143 Address for service.
• Section 144 Trade usages, etc., to be taken into consideration.
• Section 145 Agents.
• Section 146 Marks registered by an agent or representative without authority.
• Section 147 Indexes.
• Section 148 Documents open to public inspection.
• Section 149 Reports of Registrar to be placed before Parliament.
• Section 150 Fees and surcharge.
• Section 151 Savings in respect of certain matters in Chapter XII.
• Section 152 Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.
• Section 153 Government to be bound.
• Section 154 Special provisions relating to applications for registration from citizens of convention countries.1 citing judgment
• Section 155 Provision as to reciprocity.
• Section 156 Power of Central Government to remove difficulties.
• Section 157 Power to make rules.
• Section 158 Amendments.
• Section 159 Repeal and savings.