The Trade And Merchandise Marks Act,1958

An Act to provide for the registration and better protection of Trade Marks and for the prevention of the use of fraudulent marks on merchandise.

CHAPTER I

PRELIMINARY SECTIONS

1. 1. Short title, extent and commencement
2. 2. Definitions and interpretation
3. 3. High Court having jurisdiction

THE REGISTER AND CONDITIONS FOR REGISTRATION

4. Registrar of Trade Marks
5. Trade Marks Registry and offices thereof
6. The Register of Trade Marks
7. Part A Part B of the register
8. Registration to be in respect of particular goods
9. Requisites for registration in Part A and B of the register
10. Limitations ask to colour
11. Prohibition of registration of certain marks
12. Prohibition of registration of identical or deceptively similar trade marks.
13. Prohibition of registration of names of chemical elements
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. Registration of trade marks subject to disclaimer

CHAPTER III

PROCEDURE FOR AN 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, removal and restoration of registration

26. Effect of removal from register for failure to pay fee for renewal.

CHAPTER IV 

EFFECT OF REGISTRATION SECTIONS

27. No action for infringement of unregistered trade mark
28. Rights conferred by registration
29. Infringement of trade marks
30. Acts not constituting infringement
31. Registration to be prima facie evidence of validity
32. Registration to be conclusive as to validity after seven years
33. Saving for vested rights
34. Saving for use of name, address or description of goods;

35. Saving for words used as name or description of an article or substance

CHAPTER V

ASSIGNMENT AND TRANSMISSION

36. Power of registered proprietor to assign and give receipts
37. Assignability and transmissibility of registered trade marks
38. Assignability and transmissibility of unregistered trade marks
39. Restrictions on assignment or transmission where multiple exclusive rights would be created.
40. Restrictions on assignment or transmission when exclusive rights would be created in different parts of India
41. Conditions for assignment otherwise than in connection with the goodwill of a business
42. Assignability and transmissibility of certification trade marks
43. Assignability and transmisibility of associated trade marks
44. Registration of assignments and transmissions

CHAPTER VI

USE OF TRADE MARKS AND REGISTERED USERS

45. Proposed use of trade mark by company to be formed
46. Removal from register and imposition of limitations on ground of non-use
47. Defensive registration of wellknown trade marks
48. Registered users
49. Application for registration as as registered user
50. Existing registration of registered users not to have effect after three years.
51. Power of registered user to take proceedings against infringement
52. Power of Registrar to vary or cancel registration as registered user
53. Registered User not to have right of assignment or transmission
54. Use of one of associated or substantially identical trade marks equivalent to use of another.
55. Use of trade mark for export trade and use when form of trade connection changes.

CHAPTER VII

RECTIFICATION AND CORRECTION OF THE REGISTER SECTIONS

56. Power to cancel or vary registration and to rectify the register
57. Correction of register
58. Alteration of registered trade marks
59. Adaptation of entries in respect to amended or submitted classification of goods

CHAPTER VIII

CERTIFICTION TRADE MARKS

60. Certain provisions of this Act not applicable to certification trademarks
61. Registration of certification trade marks
62. Applications for regsitration of certification trade marks
63. Consideration of applications for registration by central government
64. Opposition to registration of certification trade marks
65. Deposit of regulations governing the use of a certification trade mark
66. Rights conferred by registration of certification trade marks
67. Infringement of certification trade marks
68. Acts not constituting infringement of certification trade marks
69. Cancellation or varying of registration
70. Registrar to give effect to orders of central government

CHAPTER IX

SPECIAL PROVISIONS FOR TEXTILE GOODS

71. Textile goods
72. Restriction on registration of textile goods
73. Refused textile marks list
74. Stamping of piece goods, cotton yarn and thread
75. Determination of character of textile goods by sampling

CHAPTER X

OFFENCES, PENALITIES  AND  PROCEDURE

76. Meaning of applying trade marks and trade description
77. Falsifying and falsely applying trade marks
78. Penalty for applying false trade marks, trade descriptions, etc
79. Penalty for selling goods to which a false trade mark or false trade description, is applied
80. Penalty for removing kpiece goods, etc, contrary to section74
81. Penalty for falsely representing a trade mark as registered
82. Penalty for improperly describing a place of business as connected with the trade marks office
83. Penalty for falsification of entries in the register
84. No offence in certain cases
85. Forfeiture of goods
86. Exemption of certain persons employed in ordinary course of businees
87. Procedure where invalidity of registration is pleaded by the accused
88. Offences by companies
89. Cognizance of certain offences
90. Evidence of origin of gods imported by sea
91. Costs of defense or prosecution
92. Limitations of prosecution
93. Information as to commission of offence
94. Punishment of abetment in india of acts done out of india
95. Instructions by central government as to permissible variations to be observed by criminal courts

CHAPTER XI

MISCELLANEOUS

96. Implied warranty on sale of marked goods
97. Powers of registrar
98. Exercise of discretionary power by registrar
99. Evidence before the regsitrar
100. Death of party to a proceeding
101. Extension of time
102. Abandonment
103. Preliminary advice by the registrar as to distinctivenes
104. Procedure before central government
105. Suit for INFRINGEMENT etc, to be instituted before district court
106. Reliefs in suits for infringement or for passing off
107. Application for rectification of register to be made tohigh court in certain cases
108. Procedure for application for rectification before a high court
109. Appeals
110. Power of high courts to make rules
111. Stay of proceedings where the validity of registration of the trade mark is questioned, etc
112. Appearance of registrar in legal proceedings
113. Costs of regsitrar in proceedings before high court
114. Registered user to be impleaded in certain proceedings
115. Evidence of entries in register, etc. and things done by the registrar
116. Registrar and other officers not compellable to produce register, etc
117. Power to require kgoods to show indication of origin
118. 118. Power to require information in respect of imported goods bearing false trade marks
119. Certificate of validity
120. Groundless threats of legal proceedings
121. Address for service
122. Trade usage, etc., to be taken into consideration
123. Agents
124. Indexes
125. Documents open to public inspection
126. Reports of registrar to be placed before parliament
127. Fees
128. Savings in respect of certain matters in chapter x
129. Declaration as to ownership of trade mark not registrable under the indian registration act, 1908
130. Government to be bound
131. Special provisions relating to applications for registration from citizens of convention countries
132. Provision as kto reciprocity
133. Power of central government to make rules
134. Rules to be placed before parliament
135. Amendments
136. Repeals and saving

The Schedule