THE TRADE MARKS ACT, 1999

Chapter 1 – Preliminary

• 1. Short Title, Extent and Commencement

• 2. Definitions and Interpretation

Chapter 2 – The Register and Conditions for Registration

• 3. Appointment of Registrar and Other Officers

• 4. Power of Registrar to Withdraw or Transfer Cases, Etc.

• 5. Trade Marks Registry and Offices Thereof

• 6. The Register of Trade Marks

• 7. Classification of Goods and Services

• 8. Publication of Alphabetical Index

• 9. Absolute Grounds for Refusal of Registration

• 10. Limitation as to Colour

• 11. Relative Grounds for Refusal of Registration

• 12. Registration in the Case of Honest Concurrent Use, Etc.

• 13. Prohibition of Registration of Names of Chemical Elements or International Non-Proprietary Names

• 14. Use of Names and Representations of Living Persons or Persons Recently Dead

• 15. Registration of Parts of Trade Marks and of Trade Marks as a Series

• 16. Registration of Trade Marks as Associated Trade Marks

• 17. Effect of Registration of Parts of a Mark

Chapter 3 – Procedure for and Duration of Registration

• 18. Application for Registration

• 19. Withdrawal of Acceptance

• 20. Advertisement of Application

• 21. Opposition to Registration

• 22. Correction and Amendment

• 23. Registration

• 24. Jointly Owned Trade Marks

• 25. Duration, Renewal, Removal and Restoration of Registration

• 26. Effect of Removal from Register for Failure to Pay Fee for Renewal

Chapter 4 – Effect of Registration

• 27. No Action for Infringement of Unregistered Trade Mark

• 28. Rights Conferred by Registration

• 29. Infringement of Registered Trade Marks

• 30. Limits on Effect of Registered Trade Mark

• 31. Registration to be Prima Facie Evidence of Validity

• 32. Protection of Registration on Ground of Distinctiveness in Certain Cases

• 33. Effect of Acquiescence

• 34. Saving for Vested Rights

• 35. Saving for Use of Name, Address or Description of Goods or Services

• 36. Saving for Words Used as Name or Description of an Article or Substance or Service

Chapter 4A – Special Provisions Relating to Protection of Trade Marks Through International Registration Under the Madrid Protocol

• 36A. Application of Act in Case of International Registration Under Madrid Protocol

• 36B. Definitions

• 36C. Trade Marks Registry to Deal with International Applications

• 36D. International Application Originating from India

• 36E. International Registrations Where India Has Been Designated

• 36F. Effects of International Registrations

• 36G. Duration and Renewal of International Registration

Chapter 5 – Assignment and Transmission

• 37. Power of Registered Proprietor to Assign and Give Receipts

• 38. Assignability and Transmissibility of Registered Trade Marks

• 39. Assignability and Transmissibility of Unregistered Trade Marks

• 40. Restriction on Assignment or Transmission Where Multiple Exclusive Rights Would Be Created

• 41. Restriction on Assignment or Transmission When Exclusive Rights Would Be Created in Different Parts of India

• 42. Conditions for Assignment Otherwise Than in Connection with the Goodwill of a Business

• 43. Assignability and Transmissibility of Certification Trade Marks

• 44. Assignability and Transmissibility or Associated Trade Marks

• 45. Registration of Assignments and Transmissions

Chapter 6 – Use of Trade Marks and Registered Users

• 46. Proposed Use of Trade Mark by Company to Be Formed, Etc.

• 47. Removal from Register and Imposition of Limitations on Ground of Non Use

• 48. Registered User

• 49. Registration as Registered User

• 50. Power of Registrar for Variation or Cancellation of Registration as Registered User

• 51. Power of Registrar to Call for Information Relating to Agreement in Respect of Registered Users

• 52. Right of Registered User to Take Proceedings Against Infringement

• 53. No Right of Permitted User to Take Proceeding Against Infringement

• 54. Registered User Not to Have Right of Assignment of Transmission

• 55. User of One of Associated or Substantially Identical Trade Marks Equivalent to Use of Another

• 56. Use of Trade Mark for Export Trade and Use When Form of Trade Connection Changes

Chapter 7 – Rectification and Correction of the Register

• 57. Power to Cancel or Vary Registration and to Rectify the Register

• 58. Correction of Register

• 59. Alteration of Registered Trade Marks

• 60. Adaptation of Entries in Register to Amended or Substituted Classification of Goods or Services

Chapter 8 – Collective Marks

• 61. Special Provisions for Collective Marks

• 62. Collective Mark Not to Be Misleading as to Character or Significance

• 63. Application to Be Accompanied by Regulations Governing Use of Collective Marks

• 64. Acceptance of Application and Regulations by Registrar

• 65. Regulations to Be Open to Inspection

• 66. Amendment of Regulations

• 67. Infringement Proceedings by Registered Proprietor of Collective Mark

• 68. Additional Grounds for Removal of Registration of Collective Mark

Chapter 9 – Certification Trade Marks

• 69. Certain Provisions of This Act Not Applicable to Certification Trade Marks

• 70. Registration of Certification Trade Marks

• 71. Applications for Registration of Certification Trade Marks

• 72. Consideration of Application for Registration by Registrar

• 73. Opposition to Registration of Certification Trade Marks

• 74. Filing of Regulations Governing Use of a Certification Trade Mark

• 75. Infringement of Certification Trade Marks

• 76. Acts Not Constituting Infringement of Certification Trade Marks

• 77. Cancellation or Varying of Registration of Certification Trademarks

• 78. Rights Conferred by Registration of Certification Trade Marks

Chapter 10 – Special Provisions for Textile Goods [Omitted]

• 79. Textile Goods

• 80. Restriction on Registration of Textile Goods

• 81. Stamping of Piece Goods, Cotton Yarn and Thread

• 82. Determination of Character of Textile Goods by Sampling

Chapter 11 – Appeals

• 83. Establishment of Appellate Board

• 84. Composition of Appellate Board

• 85. Qualifications for Appointment as Chairman, Vice Chairman, or Other Members

• 86. Term of Office of Chairman, Vice Chairman and Other Members

• 87. Vice-Chairman or Senior-most Member to Act as Chairman or Discharge His Functions in Certain Circumstances

• 88. Salaries, Allowances and Other Terms and Conditions of Service of Chairman, Vice Chairman and Other Members

• 89. Resignation and Removal

• 89A. Qualifications, Terms and Conditions of Service of Chairperson, Vice-Chairperson and Member

• 90. Staff of Appellate Board

• 91. Appeals to High Court

• 92. Procedure and Powers of Appellate Board

• 93. Bar of Jurisdiction of Courts, Etc.

• 94. Bar to Appear Before Registrar

• 95. Conditions as to Making of Interim Orders

• 96. Power of Chairman to Transfer Cases from One Bench to Another

• 97. Procedure for Application for Rectification, Etc. Before High Court

• 98. Appearance of Registrar in Legal Proceedings

• 99. Costs of Registrar in Proceedings Before Appellate Board

• 100. Transfer of Pending Proceedings to Appellate Board

Chapter 12 – Offences, Penalties and Procedure

• 101. Meaning of Applying Trade Marks and Trade Descriptions

• 102. Falsifying and Falsely Applying Trade Marks

• 103. Penalty for Applying False Trade Marks, Trade Descriptions Etc.

• 104. Penalty for Selling Goods or Providing Services to Which False Trade Mark or False Trade Description Is Applied

• 105. Enhanced Penalty on Second or Subsequent Conviction

• 106. Penalty for Removing Piece Goods, Etc., Contrary to Section 81

• 107. Penalty for Falsely Representing a Trade Mark as Registered

• 108. Penalty for Improperly Describing a Place of Business as Connected with the Trade Marks Office

• 109. Penalty for Falsification of Entries in the Register

• 110. No Offence in Certain Cases

• 111. Forfeiture of Goods

• 112. Exemption of Certain Persons Employed in Ordinary Course of Business

• 113. Procedure Where Invalidity of Registration Is Pleaded by the Accused

• 114. Offences by Companies

• 115. Cognizance of Certain Offences and the Powers of Police Officer for Search and Seizure

• 116. Evidence of Origin of Goods Imported by Sea

• 117. Costs of Defence or Prosecution

• 118. Limitation of Prosecution

• 119. Information as to Commission of Offence

• 120. Punishment of Abetment in India of Acts Done Out of India

• 121. Instructions of Central Government as to Permissible Variation to Be Observed by Criminal Courts

Chapter 13 – Miscellaneous

• 122. Protection of Action Taken in Good Faith

• 123. Certain Persons to Be Public Servants

• 124. Stay of Proceedings Where the Validity of Registration of the Trade Mark Is Questioned, Etc.

• 125. Application for Rectification of Register to Be Made to High Court in Certain Cases

• 126. Implied Warranty on Sale of Marked Goods

• 127. Powers of Registrar

• 128. Exercise of Discretionary Power by Registrar

• 129. Evidence Before Registrar

• 130. Death of Party to a Proceeding

• 131. Extension of Time

• 132. Abandonment

• 133. Preliminary Advice by the Registrar as to Distinctiveness

• 134. Suit for Infringement, Etc. to Be Instituted Before District Court

• 135. Relief in Suits for Infringement or for Passing Off

• 136. Registered User to Be Impleaded in Certain Proceedings

• 137. Evidence of Entries in Register, Etc. and Things Done by the Registrar

• 138. Registrar and Other Officers Not Compellable to Produce Register, Etc.

• 139. Power to Require Goods to Show Indication of Origin

• 140. Power to Require Information of Imported Goods Bearing False Trade Marks

• 141. Certificate of Validity

• 142. Groundless Threats of Legal Proceedings

• 143. Address for Service

• 144. Trade Usages, Etc. to Be Taken Into Consideration

• 145. Agents

• 146. Marks Registered by an Agent or Representative Without Authority

• 147. Indexes

• 148. Documents Open to Public Inspection

• 149. Reports of Registrar to Be Placed Before Parliament

• 150. Fees and Surcharge

• 151. Savings in Respect of Certain Matters in Chapter 12

• 152. Declaration as to Ownership of Trade Mark Not Registrable Under the Registration Act, 1908

• 153. Government to Be Bound

• 154. Special Provisions Relating to Applications for Registration from Citizens of Convention Countries

• 155. Provision as to Reciprocity

• 156. Power of Central Government to Remove Difficulties

• 157. Power to Make Rules

• 158. Amendments

• 159. Repeal and Savings