1. The Registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;
2. the Registrar may, subject to any rules made in this behalf under section 133, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court:
   Provided that the Registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or to authorise the use of the mark;
3. the Registrar may, on an application made in the prescribed manner, review his own decision.

1. If the Registrar is satisfied on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in the Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and notify the parties accordingly.
2. Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.

1. The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register, give advice as to whether the trade mark appears to him prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be.
2. If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or is not capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

1. for the infringement of a registered trade mark; or
2. relating to any right in a registered trade mark; or
3. for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered.

shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.

1. The relief which a court may grant in any suit for infringement or for passing off referred to in section 105 includes an injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery-up of the infringing labels and marks for destruction or erasure.
2. Notwithstanding anything contained in sub-section (1) the court shall not grant relief by way of damages (other than nominal damages) or an account of profits in any case-
   1. where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark; or
   2. where in a suit for infringement the defendant satisfies the court-
      1. that at the time he commenced to use the trade mark complained of in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use; and
      2. that when he became aware of the existence and nature of the plaintiff's right in the trade mark, he forthwith ceased to use the trade mark in relation to goods in respect of which it was registered; or
   3. where in a suit for passing off the defendant satisfies the court-
      1. that at the time he commenced to use the trade mark complained of in the suit he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was in use; and
      2. that when he became aware of the existence and nature of the plaintiff's trade mark, he forthwith ceased to use the trade mark complained of.

1. Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff's trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (d) of sub-section (1) of section 30 and the plaintiff questions the validity of the registration of the defendant's trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register, and notwithstanding anything contained in section 46, sub-section (4) of section 47 or section 56, such application shall be made to the High Court and not to the Registrar.
2. Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 46 or sub-section (4) of section 47 or section 56, the Registrar may, if he thinks fit, refer the application at any stage of the proceeding to the High Court.

1. An application for rectification of the register made to a High Court under section 46, sub-section (4) of section 47 or section 56 shall be in such form and shall contain such particulars as may be prescribed.
2. Every such application shall be heard by a single Judge of the High Court:
   Provided that any such Judge may, if he thinks fit, refer the application at any stage of the proceedings for decision to a Bench of that High Court.
3. Where any such application is heard by a single Judge of the High Court, an appeal shall lie from the order made by him on application to a Bench of the High Court.
4. Subject to the provisions of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure, 1908, shall apply to application to a High Court under this section.
5. A certified copy of every order or judgment of the High Court or of the Supreme Court, as the case may be relating to a registered trade mark under this section shall be communicated to the Registrar by that Court and the Registrar shall give effect to the order of the Court and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

1. No appeal shall lie from any decision, order or direction made or issued under this Act by the Central Government or from any act or order of the Registrar for the purpose of giving effect to any such decision, order or direction.
2. Save as otherwise expressly provided in sub-section (1) or in any other provision of this Act, an appeal shall lie to the High Court within the prescribed period from any order or decision of the Registrar under this Act or the rules made thereunder.
3. Every such appeal shall be preferred by petition in writing and shall be in such form and shall contain such particulars as may be prescribed.
4. Every such appeal shall be heard by a single Judge of the High Court:
   Provided that any such Judge may, if he so thinks fit, refer the appeal at any stage of the proceeding to a Bench of the High Court.
5. Where an appeal is heard by a single Judge, a further appeal shall lie to a Bench of the High Court.
6. The High Court in disposing of an appeal under this section shall have the power to make any order which the Registrar could make under this Act.
7. In an appeal by an applicant for registration against a decision of the Registrar under section 17 or section 18 or section 21, it shall not be open, save with the express permission of the court, to the Registrar or any party opposing the appeal to advance grounds other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be, and where any such additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw his application without being liable to pay the costs of the Registrar or the parties opposing his application.
8. Subject to the provisions of this Act and of the rules made thereunder, the provisions of the Code of Civil Procedure, 1908, shall apply to appeals before a High Court under this Act.

1. Where in any suit for the infringement of a trade mark-
   1. the defendant pleads that the registration of the plaintiff's trade mark is invalid; or
   2. the defendant raises a defence under clause (d) of sub- section (1) of section 30 and the plaintiff pleads the invalidity of the registration of the defendant's trade mark;
      the court trying the suit (hereinafter referred to as the court), shall,-
      1. if any proceedings for rectification of the register in relation to the plaintiff's or defendant's trade mark are pending before the Registrar or the High Court, stay the suit pending the final disposal of such proceedings;
      2. if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plaintiff's or defendant's trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the High Court for rectification of the register.
2. If the party concerned proves to the court that he has made any such application as is referred to in clause (b)(ii) of sub-section (1) Within the time specified therein or within such extended time as the court may for sufficient cause allow, the trial of the suit shall stand stayed until the final disposal of the rectification proceedings.
3. If no such application as aforesaid has been made within the time so specified or within such extended time as the court may allow, the issue as to the validity of the registration of the trade mark concerned shall be deemed to have been abandoned and the court shall proceed with the suit in regard to the other issues in the case.
4. The final order made in any rectification proceedings referred to in sub-section (1) or sub-section (2) shall be binding upon the parties and the court shall dispose of the suit conformably to such order in so far as it relates to the issue as to the validity of the registration of the trade mark.
5. The stay of a suit for the infringement of a trade mark under this section shall not preclude the court making any interlocutory order (including any order granting an injunction, directing, accounts to be kept, appointing a receiver or attaching any property), during the period of the stay of the suit.

1. The Registrar shall have the right to appear and be heard-
   1. in any legal proceedings before a High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Register is raised;
   2. in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark-
      1. which is not opposed, the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or
      2. which has been opposed and the Registrar considers that his appearance is necessary in the public interest:

   and the Registrar shall appear in any case if so directed by the court.

2. Unless the High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue, or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

1. In every proceeding under Chapter VII or under section 109, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that Chapter or section, shall be made a party to the proceeding.
2. Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.

1. A copy of any entry in the register or of any document referred to in sub-section (1) of section 125, purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original.
2. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or thing having been done or not done.

1. The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of India and imported into India, or which are made or produced within the limits of India, shall from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured.
2. The notification may specify the manner in which such indication shall be applied, that is to say, whether to the goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both.
3. No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest in issue the notification, with or without such inquiry as the Central Government may consider necessary.
4. The provisions of section 23 of the General Clauses Act, 1897 shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication.
5. A notification under this section shall not apply to goods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Chief Customs Officer is satisfied at the time of importation that they are intended for exportation whether after transshipment in or transit through India or otherwise.

1. Where goods, which are prohibited to be imported into India under clause (d), clause (dd), clause (e), clause (f), clause (h), clause (i) or clause (j) of section 18 of the Sea Customs Act, 1878, and are liable to detention and confiscation on importation under that Act, are imported into India, the Chief Customs Officer if, upon representation made to him, he has reason to believe that the trade mark complained of is used as a false trade mark, may require the importer of the goods, or his agent, to produce any documents in his possession relating to the goods and to furnish information as to the name and address of the person by whom the goods were consigned to India and the name and address of the person to whom the goods were sent in India.
2. The importer or his agent shall, within fourteen days, comply with the requirement as aforesaid, and if he fails to do so he shall be punishable with fine which may extend to five hundred rupees.
3. Any information obtained from the importer of the goods or his agent under this section may be communicated by the Chief Customs Officer to the registered proprietor or registered user of the trade mark which is alleged to have been used as a false trade mark.

1. Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is registered, or alleged by the first mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against the first-mentioned person and may obtain a declaration to the effect that the threats are unjustifiable, and an injunction against the continuance of the threats, and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and that the acts in respect of which the proceedings were threatened constitute, or, if done, would constitute, an infringement of trade mark.
2. The last preceding sub-section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub-section (1) of section 51, with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.
3. Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional capacity on behalf of a client.
4. A suit under sub-section (1) shall not be instituted in any court inferior to a .

1. a legal practitioner, or
2. a person registered in the prescribed manner as a trade marks agent, or
3. a person in the sole and regular employment of the principal.

1. an index of registered trade marks,
2. an index of trade marks in respect of which applications for registration are pending,
3. an index of the names of the proprietors of registered trade marks, and
4. an index of the names of registered users.

1. Save as otherwise provided in sub-section (5) of section 49,-
   1. the register, and any document upon which any entry in the register is based;
   2. every notice of opposition to the registration of a trade mark, application for rectification before the Registrar, counterstatement thereto, and any affidavit or document filed by the parties in any proceedings before the Registrar;
   3. all regulations deposited under section 65, and all applications under section 69 for varying such regulations;
   4. the indexes mentioned in section 124; and
   5. such other documents as the Central Government may, by notification in the Official Gazette, specify;

   Shall, subject to such conditions as may be prescribed, be open to public inspection at the Trade Marks Registry.

2. Any person may, on application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1).

1. There shall be paid in respect of applications and registration and other matters under this Act such fees as may be prescribed by the Central Government.
2. Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid.
3. Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid.

1. exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him,
2. entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under Chapter X or against clause (d), clause (dd), clause (e), clause (f), clause (h), clause (i) or clause (j) of section 18 of the Sea Customs Act, 1878, or
3. be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to his master and as to the instructions which he has received from his master.

1. With a view to the fulfillment of a treaty, convention or arrangement, with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act.
2. Where a person has made an application for the registration of a trade mark in a convention country and that person, of his legal representative or assignee, makes an application for the registration of the trade mark in India within six months after the date on which the application was made in the convention country, the trade mark shall, if registered under this Act, be registered as of the date on which the application was made in the convention country and that date shall be deemed for the purpose of this Act to be the date of registration.
3. Where applications have been made for the registration of a trade mark in two or more convention countries, the period of six months referred to in the last preceding sub-section shall be reckoned from the date on which the earlier or earliest of those applications was made.

1. to apply for the registration of, or be registered as the proprietor of, a trade mark in Part A or Part B of the register,
2. to be registered as the assignee of the proprietor of a registered trade mark, or
3. to apply for registration or be registered as a registered user of a trade mark under section 49.

1. The Central Government may, by notification in the Official Gazette and subject to the condition of previous publication make rules to carry out the purposes of this Act.
2. In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely-
   1. the classification of goods for the purpose of the registration of trade marks, and the empowering of the Registrar to amend the register so far as may be necessary for the purpose of adapting the entries therein to any amended or substituted classification;
   2. the making of duplicates of trade marks and other documents connected therewith;
   3. the securing and regulating the publication, sale or distribution of copies of trade marks and other documents connected therewith;
   4. the additional matters to be entered in the register;
   5. the conditions and restrictions subject to which the register, the Refused Textile Marks List and other documents may be inspected;
   6. the form of certificates of registration;
   7. the further documents, information or evidence which should accompany an application under sub-section (1) of section 49;
   8. the prescribing of classes of goods as textile goods for the purposes of section 71;
   9. the awarding of costs by the Registrar under section 97;
   10. the conditions subject to which a person may be registered as a trade marks agent, and the conditions subject to which an agent referred to in section 123 may act;
   11. the fees to be paid under this Act;
   12. the establishment of offices of the Trade Marks Registry for facilitating the working of this Act, the territorial jurisdiction of each office of the Trade Marks Registry and the preparation of the copies of the register to be kept at such offices;
   13. the transfer of applications and proceedings pending at the commencement of this Act in any office of the Registry to the appropriate office of the Registry;
   14. the manner in which, in proceedings under this Act, before the Central Government or the Registrar, applications shall be made, notices given and matters advertised;
   15. the times or periods required by the Act to be prescribed;
   16. the regulation generally of the business of the Trade Marks Registry and of the offices established under clause (l) and the regulation of all things by this Act placed under the direction or control of the Central Government or the Registrar;
   17. the number of samples to be selected and tested and for the selection of the samples for the purposes of section 75;
   18. the manner in which cotton yarn and cotton thread shall be marked with the particulars required by section 74, and the exemption of certain premises from the provisions of that section;
   19. the classes of goods included in the expression "piece- goods, such as are ordinarily sold by length or by the piece" for the purposes of section 74, and clause (f) of section 18 of the Sea Customs Act, 1878;
   20. any other matter which is required to be or may be prescribed.

1. The Indian Merchandise Marks Act, 1889, and the Trade Marks Act, 1940, are hereby repealed.
2. Without prejudice to the provisions contained in the General Clauses Act, 1897, with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under (the Indian Merchandise Marks Act, 1889, or) the Trade Marks Act, 1940, shall, if in force at the commencement of this Act continue in force and have effect as if made, issued, given or done under the corresponding provision of this Act.
3. The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
4. Notwithstanding anything contained in this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed.