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The Trade Marks Act, 1999 comprises of total 13 Chapters which includes 159 sections which came into force on 30th December 199 with the objective "An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks "
THE TRADE MARKS (AMENDMENT) ACT, 2010
TRADE MARKS ACT, 1999
Trademarks Act 1999 in the new elements
Trade Marks (Amendment) Act, 2010
Trade Marks Act 1999 (as amended till date)
Section 4. Power of Registrar to withdraw or transfer cases, etc.
Section 12. Registration in the case of honest concurrent use, etc.
Section 14. Use of names and representations of living persons or persons recently dead
Section 15. Registration of parts of trade marks and of trade marks as a series
Section 16. Registration of trade, marks as associated trade marks
§ CHAPTER III: PROCEDURE FOR AND DURATION OF REGISTRATION
Section 25. Duration, renewal, removal and restoration of registration
Section 26. Effect of removal from register for failure to pay fee for renewal
§ CHAPTER IV: EFFECT OF REGISTRATION
Section 27. No action for infringement of unregistered trade mark
Section 31. Registration to be prima facie evidence of validity
Section 32. Protection of registration on ground of distinctiveness in certain cases
Section 35. Saving for use of name, address or description of goods or services
Section 36. Saving for words used as name or description of an article or substance or service
§ CHAPTER V: ASSIGNMENT AND TRANSMISSION
Section 37. Power of registered proprietor to assign and give receipts
Section 38. Assignability and transmissibility of registered trade marks
Section 39. Assignability and transmissibility of unregistered trade marks
Section 42. Conditions for assignment otherwise than in connection with the goodwill of a business
Section 43. Assignability and transmissibility of certification trade marks
Section 44. Assignability and transmissibility or associated trade marks
§ CHAPTER VI: USE OF TRADE MARK AND REGISTERED USERS
Section 46. Proposed use of trade mark by company to be formed, etc.
Section 47. Removal from register and imposition of limitations on ground of non-use
Section 50. Power of Registrar for variation or cancellation of registration as registered user
Section 52. Right of registered user to take proceedings against infringement
Section 53. No right of permitted user to take proceeding against infringement
Section 54. Registered user not to have right of assignment or transmission
Section 56. Use of trade mark for export trade and use when form of trade connection changes
§ CHAPTER VII: RECTIFICATION AND CORRECTION OF THE REGISTER
§ CHAPTER VIII: COLLECTIVE MARKS
Section 62. Collective mark not to be misleading as to character or significance
Section 63. Application to be accompanied by regulations governing use of collective marks
Section 64. Acceptance of application and regulations by Registrar
Section 67. Infringement proceedings by registered proprietor of collective mark
Section 68. Additional grounds for removal of registration of collective mark
§ CHAPTER IX: CERTIFICATION TRADE MARKS
Section 69 Certain provisions of this Act not applicable to certification trade marks
Section 71. Applications for registration of certification trade marks
Section 72. Consideration of application for registration by the Registrar
Section 73. Opposition to registration of certification trade marks
Section 74. Filing of regulations governing the use of a certification trade mark
Section 76. Acts not constituting infringement of certification trade marks
Section 77. Cancellation or varying of registration of certification trade marks
Section 78. Rights conferred by registration of certification trade marks
§ CHAPTER X: SPECIAL PROVISIONS FOR TEXTILE GOODS
Section 85. Qualifications for appointment as Chairman, Vice-Chairman, or other Members
Section 86. Term of office of Chairman, Vice-Chairman and other Members
Section 96. Power of Chairman to transfer cases from one Bench to another
Section 97. Procedure for application for rectification, etc., before Appellate Board
Section 99. Costs of Registrar in proceedings before Appellate Board
Section 100. Transfer of pending proceedings to Appellate Board
§ CHAPTER XII: OFFENCES, PENALTIES AND PROCEDURE
Section 101. Meaning of applying trade marks and trade descriptions
Section 103. Penalty for applying false trade marks, trade descriptions, etc.
Section 105. Enhanced penalty on second or subsequent conviction
Section 106. Penalty for removing piece goods, etc., contrary to section 81
Section 107. Penalty for falsely representing a trade mark as registered
Section 109. Penalty for falsification of entries in the register
Section 112. Exemption of certain persons employed in ordinary course of business
Section 113. Procedure where invalidity of registration is pleaded by the accused
Section 115. Cognizance of certain offences and the powers of police officer for search and seizure
Section 120. Punishment of abetment in India of acts done out of India
Section 133. Preliminary advice by the Registrar as to distinctiveness
Section 134. Suit for infringement, etc., to be instituted before District Court
Section 135. Relief in suits for infringement or for passing off
Section 136. Registered user to be impleaded in certain proceedings
Section 137. Evidence of entries in register, etc., and things done by the Registrar
Section 138. Registrar and other officers not compellable to produce register, etc.
Section 139. Power to require goods to show indication of origin
Section 140. Power to require information of imported goods bearing false trade marks
Section 144. Trade usages, etc., to be taken into consideration
Section 146. Marks registered by an agent or representative without authority
Section 149. Reports of Registrar to be placed before Parliament
Section 151. Savings in respect of certain matters in Chapter XII
Section 156. Power of Central Government to remove difficulties