CHAPTER 1
PRELIMINARY

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

CHAPTER II
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 and Part B of the register.
8. Registration to be in respect of particular goods.
9. Requisites for registration in Parts A and B of the register.
10. Limitation as 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 person 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 the 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 and restoration of registration.
26. Effect of removal from register for failure to pay fee for renewal.

CHAPTER IV
Effect of Registration

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 associated trade marks
43. Assignability and transmissibility 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 well-known trade marks.
48. Registered users.
49. Application for registration as registered user.
50. Existing registrations 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 use 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

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 register to amended or substituted classification of goods.

CHAPTER VIII
Certification Trade Marks

60. Certain provisions of this Act not applicable to certification trade marks.
61. Registration of certification trade marks.
62. Applications for registration 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 mark.
67. Infringement of certification trade marks.
68. Acts not constituting infringement of certification trade marks.
69. Cancellation or varying of registration.
70. Register 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
Offenses, penalties and Procedure

76. Meaning of applying trade marks and trade descriptions.
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 piece goods, etc., contrary to section 74.
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 business.
87. Procedure where invalidity or registration is pleaded by the accused.
88. Offences by companies.
89. Cognizance of certain offences.
90. Evidence of origin of goods imported by sea.
91. Costs of defence or prosecution.
92. Limitation 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 variation 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 Registrar.
100. Death of party to a proceeding.
101. Extension of time.
102. Abandonment.
103. Preliminary advice by the Registrar as to distinctiveness.
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 to High 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 or registration of the trade mark is questioned, etc.
112. Appearance of Registrar in legal proceedings.
113. Costs of Registrar 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 goods to show indication of origin.
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 to reciprocity.
133. Power of Central Government to make rules.
134. Rules to be placed before Parliament.
135. Amendments.
136. Repeals and savings.