आधिकारिक दस्तावेज़ / Official document
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Hindi — official source version
hh199947.pdf.txt
इस संस्करण को आधिकारिक दस्तावेज़ में पढ़ें। Read this version in its official source document.
Open official source version ↗About this act
- Jurisdiction
- Central
- Enactment date
- 1999-12-30
- Sections available
- 169
Commencement information from the source
15-09-2003
Read the sections
1Short title, extent and commencement.→2Definitions and interpretation.→3Appointment of Registrar and other officers.→4Power of Registrar to withdraw or transfer cases, etc.→5Trade Marks Registry and offices thereof.→6The Register of Trade Marks.→7Classification of goods and services.→8Publication of alphabetical index.→9Absolute grounds for refusal of registration.→10Limitation as to colour.→11Relative grounds for refusal of registration.→12Registration in the case of honest concurrent use, etc.→13Prohibition of registration of names of chemical elements or international non-proprietary names.→14Use of names and representations of living persons or persons recently dead.→15Registration of parts of trade marks and of trade marks as a series.→16Registration of trade marks as associated trade marks.→17Effect of registration of parts of a mark.→18Application for registration.→19Withdrawal of acceptance.→20Advertisement of application.→21Opposition to registration.→22Correction and amendment.→23Registration.→24Jointly owned trade marks.→25Duration, renewal, removal and restoration of registration.→26Effect of removal from register for failure to pay fee for renewal.→27No action for infringement of unregistered trade mark.→28Rights conferred by registration.→29Infringement of registered trade marks.→30Limits on effect of registered trade mark.→31Registration to be prima facie evidence of validity.→32Protection of registration on ground of distinctiveness in certain cases.→33Effect of acquiescence.→34Saving for vested rights.→35Saving for use of name, address or description of goods or services.→36Saving for words used as name or description of an article or substance or service.→36AApplication of Act in case of international registration under Madrid Protocol.→36BDefinitions.→36CTrade Marks Registry to deal with international applications.→36DInternational application originating from India.→36EInternational registrations where India has been designated.→36FEffects of international registration.→36GDuration and renewal of international registration.→37Power of registered proprietor to assign and give receipts.→38Assignability and transmissibility of registered trade marks.→39Assignability and transmissibility of unregistered trade marks.→40Restriction on assignment or transmission where multiple exclusive rights would be created.→41Restriction on assignment or transmission when exclusive rights would be created in different parts of India.→42Conditions for assignment otherwise than in connection with the goodwill of a business.→43Assignability and transmissibility of certification trade marks.→44Assignability and transmissibility of associated trade marks.→45Registration of assignments and transmissions.→46Proposed use of trade mark by company to be formed, etc.→47Removal from register and imposition of limitations on ground of non-use.→48Registered users.→49Registration as registered user.→50Power of Registrar for variation or cancellation of registration as registered user.→51Power of Registrar to call for information relating to agreement in respect of registered users.→52Right of registered user to take proceedings against infringement.→53No right of permitted user to take proceeding against infringement.→54Registered user not to have right of assignment or transmission.→55Use of one of associated or substantially identical trade marks equivalent to use of another.→56Use of trade mark for export trade and use when form of trade connection changes.→57Power to cancel or vary registration and to rectify the register.→58Correction of register.→59Alteration of registered trade marks.→60Adaptation of entries in register to amended or substituted classification of goods or services.→61Special provisions for collective marks.→62Collective mark not to be misleading as to character or significance.→63Application to be accompanied by regulations governing use of collective marks.→64Acceptance of application and regulations by Registrar.→65Regulations to be open to inspection.→66Amendment of regulations.→67Infringement proceedings by registered proprietor of collective mark.→68Additional grounds for removal of registration of collective mark.→69Certain provisions of this Act not applicable to certification trade marks.→70Registration of certification trade marks.→71Applications for registration of certification trade marks.→72Consideration of application for registration by Registrar.→73Opposition to registration of certification trade marks.→74Filing of regulations governing use of a certification trade mark.→75Infringement of certification trade marks.→76Acts not constituting infringement of certification trade marks.→77Cancellation or varying of registration of certification trade marks.→78Rights conferred by registration of certification trade marks.→79[Omitted.].→80[Omitted.].→81[Omitted.].→82[Omitted.].→83Establishment of Appellate Board.→84Composition of Appellate Board.→85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members.→86Term of office of Chairperson, Vice-Chairperson and other Members.→87Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.→88Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.→89Resignation and removal.→89A.Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.→90Staff of Appellate Board.→91Appeals to High Court.→92Procedure and powers of Appellate Board.→93Bar of jurisdiction of courts, etc.→94Bar to appear before Registrar→95Conditions as to making of interim orders.→96Power of Chairperson to transfer cases from one Bench to another.→97Procedure for application for rectification, etc., before High Court.→98Appearance of Registrar in legal proceedings.→99Costs of Registrar in proceedings before Appellate Board.→100Transfer of pending proceedings to Appellate Board.→101Meaning of applying trade marks and trade descriptions.→102Falsifying and falsely applying trade marks.→103Penalty for applying false trade marks, trade descriptions, etc.→104Penalty for selling goods or providing services to which false trade mark or false trade description is applied.→105Enhanced penalty on second or subsequent conviction.→106Omitted.→107Penalty for falsely representing a trade mark as registered.→108Omitted.→109Omitted.→110No offence in certain cases.→111Forfeiture of goods.→112Exemption of certain persons employed in ordinary course of business.→112AAdjudication of penalties.→112BAppeal.→113Procedure where invalidity of registration is pleaded by the accused.→114Offences by companies.→115Cognizance of certain offences and the powers of police officer for search and seizure.→116Evidence of origin of goods imported by sea.→117Costs of defence or prosecution.→118Limitation of prosecution.→119Information as to commission of offence.→120Punishment of abetment in India of acts done out of India.→121Instructions of Central Government as to permissible variation to be observed by criminal courts.→122Protection of action taken in good faith.→123Certain persons to be public servants.→124Stay of proceedings where the validity of registration of the trade mark is questioned, etc.→125Application for rectification of register to be made to High Court in certain cases.→126Implied warranty on sale of marked goods.→127Powers of Registrar.→128Exercise of discretionary power by Registrar.→129Evidence before Registrar.→130Death of party to a proceeding.→131Extension of time.→132Abandonment.→133Preliminary advice by the Registrar as to distinctiveness.→134Suit for infringement, etc., to be instituted before District Court.→135Relief in suits for infringement or for passing off.→136Registered user to be impleaded in certain proceedings.→137Evidence of entries in register, etc., and things done by the Registrar.→138Registrar and other officers not compellable to produce register, etc.→139Power to require goods to show indication of origin.→140Power to require information of imported goods bearing false trade marks.→141Certificate of validity.→142Groundless threats of legal proceedings.→143Address for service.→144Trade usages, etc., to be taken into consideration.→145Agents.→146Marks registered by an agent or representative without authority.→147Indexes.→148Documents open to public inspection.→149Reports of Registrar to be placed before Parliament.→150Fees and surcharge.→151Savings in respect of certain matters in Chapter XII.→152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.→153Government to be bound.→154Special provisions relating to applications for registration from citizens of convention countries.→155Provision as to reciprocity.→156Power of Central Government to remove difficulties.→157Power to make rules.→158Amendments.→159Repeal and savings.→
Schedules
India Code, Government of India. Text fetched 10 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.