Section
Section Title
  Preamble

Chapter 1           Preliminary
  1 Short title, Extent and Commencement View Judgements
  2 Definitions and interpretation View Judgements

Chapter 2           The Register and Conditions for Registration
  3 Appointment of Registrar and other officers View Judgements
  4 Power of Registrar to withdraw or transfer cases, etc. View Judgements
  5 Trade Marks Registry and offices thereof View Judgements
  6 The Register of Trade Marks View Judgements
  7 Classification of goods and services View Judgements
  8 Publication of alphabetical index View Judgements
  9 Absolute grounds for refusal of registration View Judgements
  10 Limitation as to colour View Judgements
  11 Relative grounds for refusal of registration View Judgements
  12 Registration in the case of honest concurrent use, etc. View Judgements
  13 Prohibition of registration of names of chemical elements or international non-proprietary names View Judgements
  14 Use of names and representations of living persons recently dead View Judgements
  15 Registration of parts of trade marks and of trade marks as series View Judgements
  16 Registration of trade marks as associated trade marks View Judgements
  17 Effect of registration of parts of a mark View Judgements

Chapter 3           Procedure for and Duration of Registration
  18 Application for registration View Judgements
  19 Withdrawal of acceptance View Judgements
  20 Advertisement of application View Judgements
  21 Opposition to registration View Judgements
  22 Correction and amendment View Judgements
  23 Registration View Judgements
  24 Jointly owned trade marks View Judgements
  25 Duration, renewal, removal and restoration and registration View Judgements
  26 Effect of removal from register for failure to pay fee for renewal View Judgements

Chapter 4           Effect of Registration
  27 No action for infringement of unregistered trade mark View Judgements
  28 Rights conferred by registration View Judgements
  29 Infringement of registered trade marks View Judgements
  30 Limits on effect of registered trade mark View Judgements
  31 Registration to be prima facie evidence of validity View Judgements
  32 Protection of registration on ground of distinctiveness in certain cases View Judgements
  33 Effect of acquiescence View Judgements
  34 Saving for vested rights View Judgements
  35 Saving for use of name, address or description of goods or services View Judgements
  36 Saving for words used as name or description or an article or substance or service View Judgements

Chapter 5           Assignment and Transmission
  37 Power of registered proprietor to assign and give receipts View Judgements
  38 Assignability and transmissibility of registered trade marks View Judgements
  39 Assignability and transmissibility of unregistered trade marks View Judgements
  40 Restriction on assignment or transmission where multiple exclusive rights would be created View Judgements
  41 Restriction on aasignment or transmission when exclusive rights would be created in different parts of India View Judgements
  42 Conditions for assignment otherwise than in connection with the goodwill of a business View Judgements
  43 Assignability and transmissibility of certification trade marks View Judgements
  44 Assignability and transmissibility or associated trade marks View Judgements
  45 Registration of assignment and transmissions View Judgements

Chapter 6           Use of Trade Marks and Registered Users
  46 Proposed use of trade mark by company to be formed, etc. View Judgements
  47 Removal from register and imposition of limitations on ground of non-use View Judgements
  48 Registered users View Judgements
  49 Registration as registered user View Judgements
  50 Power to Registrar for variation or cancellation of registration as registered user View Judgements
  51 Power of Registrar to call for information relating to agreement in respect of registered users View Judgements
  52 Right of registered user to take proceedings against infringement View Judgements
  53 No right of permitted user to take proceedings against infringement View Judgements
  54 Registered user not to have right of assignment or transmission View Judgements
  55 Use of one of associated or substantially identical trade marks equivalent to use of another View Judgements
  56 Use of trade mark for export trade and use when form of trade connection changes View Judgements

Chapter 7           Rectification and Correction of the Register
  57 Power to cancel or vary registration and to rectify the register View Judgements
  58 Correction of register View Judgements
  59 Alteration or registered trade mark View Judgements
  60 Adaptation of entries in register to amended or substituted classification of goods services View Judgements

Chapter 8           Collective Marks
  61 Special provisions for collective marks View Judgements
  62 Collective mark not to be misleading as to character or significance View Judgements
  63 Application to be accompanied by regulations governing use of collective marks View Judgements
  64 Acceptance of application and regulations by Registrar View Judgements
  65 Regulations to be open to inspection View Judgements
  66 Amendment of regulations View Judgements
  67 Infringement proceedings by registered proprietor of collective mark View Judgements
  68 Additional grounds for removal of registration of collective mark View Judgements

Chapter 9           Certification Trade Marks
  69 Certain provisions of this Act not applicable to certification trade marks View Judgements
  70 Registration of certification trade marks View Judgements
  71 Applications for registration of certification trade marks View Judgements
  72 Consideration of application for registration by the Registrar View Judgements
  73 Opposition to registration of certification trade marks View Judgements
  74 Filing of regulations governing the use of a certificate trade mark View Judgements
  75 Infringement of certification trade marks View Judgements
  76 Acts not constituting infringement of certification trade marks View Judgements
  77 Cancellation or varying of registration of certification trade mark View Judgements
  78 Rights conferred by registration of certification trade marks View Judgements

Chapter 10           Special Provisions for Textile Goods
  79 Textile goods View Judgements
  80 Restriction on registration of textile goods View Judgements
  81 Stamping of piece goods, cotton yarn and thread View Judgements
  82 Determination of character of textile goods by sampling View Judgements

Chapter 11           Appellate Board
  83 Establishment of Appellate Board View Judgements
  84 Composition of Appellate Board View Judgements
  85 Qualifications for appointment as Chairman, Vice-Chairman, or other Members View Judgements
  86 Term of office of Chairman, Vice-Chairman and other Members View Judgements
  87 Vice-Chairmanor senior-most Member to act as Chairman or discharge his functions in certain circumstances View Judgements
  88 Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other Members View Judgements
  89 Resignation and removal View Judgements
  90 Staff of Appellate Board View Judgements
  91 Appeals to Appellate Board View Judgements
  92 Procedure and powers of Appellate Board View Judgements
  93 Bar of jurisdiction of courts, etc. View Judgements
  94 Bar to appear before Appellate Board View Judgements
  95 Conditions as to making of interim orders View Judgements
  96 Power of Chairman to transfer cases from one Bench to another View Judgements
  97 Procedure for application for rectification, etc., before Appellate Board View Judgements
  98 Appearance of Registrar in legal proceedings View Judgements
  99 Costs of Registrar in proceedings before Appellate Board View Judgements
  100 Tansfer of pending proceedings to Appellate Board View Judgements

Chapter 12           Offences, Penalties and Procedure
  101 Meaning of applying trade marks and trade descriptions View Judgements
  102 Falsifying and falsely applying trade marks View Judgements
  103 Penalty for applying false trade marks, trade descriptions, etc. View Judgements
  104 Penalty for selling goods or providing services to which false trade mark or false trade description is applied View Judgements
  105 Enhanced penalty on second or subsequent conviction View Judgements
  106 Penalty for removing piece goods, etc., contrary to section 81 View Judgements
  107 Penalty for falsely representing a trade mark as registered View Judgements
  108 Penalty for improperly describing a place of business as connected with the Trade Marks Office View Judgements
  109 Penalty for falsification of entries in the register View Judgements
  110 No offence in certain cases View Judgements
  111 Forfeiture of goods View Judgements
  112 Exemption of certain persons employed in ordinary course of business View Judgements
  113 Procedure where invalidity of registration is pleaded by the accused View Judgements
  114 Offences by companies View Judgements
  115 Cognizance of certain offences and the powers of police officer for search and seizure View Judgements
  116 Evidence of origin of goods imported by sea View Judgements
  117 Costs of defence or prosecution View Judgements
  118 Limitation of prosecution View Judgements
  119 Information as to commission of offence View Judgements
  120 Punishment of abetment in India of acts done out of India View Judgements
  121 Instructions of Central Government as to permissible variation to be observed by criminal courts View Judgements

Chapter 13           Miscellaneous
  122 Protection of action taken in good faith View Judgements
  123 Certain persons to be public servants View Judgements
  124 Stay of proceedings where the validity of registration of the trade mark is questioned, etc. View Judgements
  125 Application for rectification of register to be made to Appellate Board in certain cases View Judgements
  126 Implied warranty on sale of marked goods View Judgements
  127 Powers of Registrar View Judgements
  128 Exercise of discretionary power to Registrar View Judgements
  129 Evidence before Registrar View Judgements
  130 Death of party to a proceedings View Judgements
  131 Extension of time View Judgements
  132 Abandonment View Judgements
  133 Preliminary advice by the Registrar as to distinctiveness View Judgements
  134 Suit for infringement, etc., to be instituted before district Court View Judgements
  135 Relief in suits for infringement or for passing off View Judgements
  136 Registered user to be impleaded in certain proceedings View Judgements
  137 Evidence of entries in register, etc., and things done by the Registrar View Judgements
  138 Registrar and other officers not compellable to produce register, etc. View Judgements
  139 Power to require goods to show indication of origin View Judgements
  140 Power to require information of imported goods bearing false trade marks View Judgements
  141 Certificate of validity View Judgements
  142 Groundless threats of legal proceedings View Judgements
  143 Address for service View Judgements
  144 Trade usages, etc., to be taken into consideration View Judgements
  145 Agents View Judgements
  146 Marks registered by an agent or representative without authority View Judgements
  147 Indexes View Judgements
  148 Documents open to public inspection View Judgements
  149 Reports of Registrar to be placed before Parliament View Judgements
  150 Fees and surcharge View Judgements
  151 Savings in respect of certain matters in Chapter XII View Judgements
  152 Declaration as to ownership of trade mark not registration under the Registration Act, 1908 View Judgements
  153 Government to be bound View Judgements
  154 Special provisions relating to applications for registration from citizens of convention countries View Judgements
  155 Provision as to reciprocity View Judgements
  156 Power of Central Government to remove difficulties View Judgements
  157 Power to make rules View Judgements
  158 Amendments View Judgements
  159 Repeal and Savings View Judgements
  Schedules Amendments View Judgements



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