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Trade and Merchandise Marks Act, 1958 [Repealed] Complete Act - Bare Act

StateCentral Government
Act Info:
Preamble1 - Trade and Merchandise Marks Act, 1958
Chapter 1
Section1 - Short title, extent and commencement
Section2 - Definitions and interpretation
Section3 - High Court having jurisdiction
Chapter 2
Section4 - Registrar of Trade Marks
Section5 - Trade Marks Registry and offices thereof
Section6 - The Register of Trade Marks
Section7 - Part A and Part B of the register
Section8 - Registration to be in respect of particular goods
Section9 - Requisites for registration in Parts A and B of the register
Section10 - Limitation as to colour
Section11 - Prohibition of registration of certain marks
Section12 - Prohibition of registration of identical or deceptively similar trade marks
Section13 - Prohibition of registration of names of chemical elements
Section14 - Use of names and representations of living persons or persons recently dead
Section15 - Registration of parts of trade marks and of trade marks as a series
Section16 - Registration of trade marks as associated trade marks
Section17 - Registration of trade marks subject to disclaimer
Chapter 3
Section18 - Application for Registration
Section19 - Withdrawal of acceptance
Section20 - Advertisement of application
Section21 - Opposition to registration
Section22 - Correction and amendment
Section23 - Registration
Section24 - Jointly owned trade marks
Section25 - Duration, renewal and restoration of registration
Section26 - Effect of removal from register for failure to pay fee for renewal
Chapter 4
Section27 - No action for infringement of unregistered trade mark
Section28 - Rights conferred by registration
Section29 - Infringement of trade marks
Section30 - Acts not constituting infringement
Section31 - Registration to be prima fade evidence of validity
Section32 - Registration to be conclusive as to validity after seven years
Section33 - Saving for vested rights
Section34 - Saving for use of name, address or description of goods
Section35 - Saving for words used as name or description of an article or substance
Chapter 5
Section36 - Power of registered proprietor to assign and give receipts
Section37 - Assign ability and transmissibility of registered trade marks
Section38 - Assignability and transmissibility of unregistered trade marks
Section39 - Restrictions on assignment or transmission where multiple exclusive rights would be created
Section40 - Restrictions on assignment or transmission when exclusive rights would be created in different parts of India
Section41 - Conditions for assignment otherwise than in connection with the goodwill of a business
Section42 - Assignability and transmissibility of certification trade marks
Section43 - Assignability and transmissibility of associated trade marks
Section44 - Registration of assignments and transmissions
Chapter 6
Section45 - Proposed use of trade mark by company to be formed
Section46 - Removal from register and imposition of limitations on ground of non-use
Section47 - Defensive registration of well-known trade marks
Section48 - Registered users
Section49 - Application for registration as registered users
Section50 - Existing registration of registered users not to have effect after three years
Section51 - Power of registered user to take proceedings against infringement
Section52 - Power of Registrar to vary or cancel registration as registered user
Section53 - Registered user not to have right of assignment or transmission
Section54 - Use of one of associated or substantial identical trade marks equivalent to use of another
Section55 - Use of trade mark for export trade and use when form of trade connection changes
Chapter 7
Section56 - Power to cancel or vary registration and to rectify the register
Section57 - Correction of register
Section58 - Alteration of registered trade marks
Section59 - Adaptation of entries in register to amended or substituted classification of goods
Chapter 8
Section60 - Certain provisions of this Act not applicable to certification trade marks
Section61 - Registration of certification trade marks
Section62 - Applications for registration of certification trade marks
Section63 - Consideration of applications for registration by Central Government
Section64 - Opposition to registration of certification trade marks
Section65 - Deposit of regulations governing the use of a certification trade mark
Section66 - Rights conferred by registration of certification trade marks
Section67 - Infringement of certification trade marks
Section68 - Acts not constituting infringement of certification trade marks
Section69 - Cancellation or varying of registration
Section70 - Registrar to give effect to orders of Central Government
Chapter 9
Section71 - Textile goods
Section72 - Restriction on registration of textile goods
Section73 - Refused Textile Marks List
Section74 - Stamping of piece goods, cotton yarn and thread
Section75 - Determination of character of textile goods by sampling
Chapter 10
Section76 - Meaning of applying trade marks and trade descriptions
Section77 - Falsifying and falsely applying trade marks
Section78 - Penalty for applying false trade marks, trade descriptions, etc
Section79 - Penalty for selling goods to which a false trade mark or false trade description is applied
Section80 - Penalty for removing piece goods, etc., contrary to section 74
Section81 - Penalty for falsely representing a trade mark as registered
Section82 - Penalty for improperly describing a place of business as connected with the Trade Marks Office
Section83 - Penalty for falsification of entries in the register
Section84 - No offence in certain cases
Section85 - Forfeiture of goods
Section86 - Exemption of certain persons employed in ordinary course of business
Section87 - Procedure where invalidity of registration is pleaded by the accused
Section88 - Offences by companies
Section89 - Cognizance of certain offences
Section90 - Evidence of origin of goods imported by sea
Section91 - Costs of defence or prosecution
Section92 - Limitation of prosecution
Section93 - Information as to commission of offence
Section94 - Punishment of abetment in India of acts done out of India
Section95 - Instructions by Central Government as to permissible variations to be observed by criminal courts
Chapter 11
Section96 - Implied warranty on sale of marked goods
Section97 - Powers of Registrar
Section98 - Exercise of discretionary power by Registrar
Section99 - Evidence before the Registrar
Section100 - Death of party to a proceeding
Section101 - Extension of time
Section102 - Abandonment
Section103 - Preliminary advice by the Registrar as to distinctiveness
Section104 - Procedure before Central Government
Section105 - Suit for infringement, etc., to be instituted before District Court
Section106 - Reliefs in suits for infringement or for passing off
Section107 - Application for rectification of register to be made to High Court in certain cases
Section108 - Procedure for application for rectification before a High Court
Section109 - Appeals
Section110 - Power of High Courts to make rules
Section111 - Stay of proceedings where the validity of registration of the trade mark is questioned, etc
Section112 - Appearance of Registrar in legal proceedings
Section113 - Costs of Registrar in proceedings before High Court
Section114 - Registered user to be impleaded in certain proceedings
Section115 - Evidence of entries in register, etc., and things done by the Registrar
Section116 - Registrar and other officers not compilable to produce register, etc
Section117 - Power to require goods to show indication of origin
Section118 - Power to require information in respect of imported goods bearing false trade marks
Section119 - Certificate of validity
Section120 - Groundless threats of legal proceedings
Section121 - Address for service
Section122 - Trade usage, etc., to be taken into consideration
Section123 - Agents
Section124 - Indexes
Section125 - Documents open to public inspection
Section126 - Reports of Registrar to be placed before Parliament
Section127 - Fees
Section128 - Savings in respect of certain matters in Chapter X
Section129 - Declaration as to ownership of trade mark not registrable under the Indian Registration Act, 1908
Section130 - Government to be bound
Section131 - Special provisions relating to applications for registration from citizens of convention countries
Section132 - Provisions as to reciprocity
Section133 - Power of Central Government to make rules
Section134 - Laying of rules before Parliament
Section135 - Amendments
Section136 - Repeals and savings
Repealing Act1 - TRADE MARKS ACT 1999

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