Index

CHAPTER I
 PRELIMINARY:

  1. Short title, extent and commencement
  2. Definitions and interpretation

CHPATER II
 THE REGISTER & CONDITIONS FOR REGISTRATION

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

CHAPTER III
 PROCEDURE FOR AND DURATION OF REGISTRTION

  1. Application for registration
  2. Withdrawal of acceptance
  3. Advertisement of application
  4. Opposition to registration
  5. Correction and amendment
  6. Registration
  7. Jointly owned trade marks
  8. Duration, renewal, removal and restoration of registration
  9. Effect of removal from register for failure to pay fee for renewal

CHAPTER IV
 EFFECT OF REGISTRATION

  1. No action for infringement of unregistered trade mark
  2. Rights conferred by registration
  3. Infringement of registered trade marks
  4. Limits on effect of registered trade mark
  5. Registration to be prima facie evidence of validity
  6. Protection of registration on ground of distinctiveness in certain cases
  7. Effect of acquiescence
  8. Saving for vested rights
  9. Saving for use of name, address or description of goods or services
  10. Saving for words used as name or description of an article or substance or service

CHAPTER V
 ASSIGNMENT AND TRANSMISSION

  1. Power of registered proprietor to assign and give receipts
  2. Assignability and transmissibility of registered trade marks
  3. Assignability and transmissibility of unregistered trade marks
  4. Restriction on assignment or transmission where multiple exclusive rights would be created
  5. Restriction on assignment or transmission when exclusive rights would be created in different parts of India
  6. Conditions for assignment otherwise than in connection with the goodwill of a business
  7. Assignability and transmissibility of certification trade marks
  8. Assignability and transmissibility or associated trade marks
  9. Registration of assignments and transmissions

CHAPTER VI
 USE OF TRADE MARK AND REGISTERED USERS

  1. Proposed use of trade mark by company to be formed, etc.
  2. Removal from register and imposition of limitations on ground of non-use
  3. Registered users
  4. Registration as registered user
  5. Power of Registrar for variation or cancellation of registration as registered user
  6. Power of Registrar to call for information relating to agreement in respect of registered users
  7. Right of registered user to take proceedings against infringement
  8. No right of permitted user to take proceeding against infringement
  9. Registered user not to have right to assignment or transmission
  10. Use of one of associated or substantially identical trade marks equivalent to use of another
  11. Use of trade mark for export trade and use when form of trade connection changes

CHAPTER VII
 RECTIFICATION AND CORRECTION OF THE REGISTER

  1. Power to cancel or vary registration and to rectify the register
  2. Correction of register
  3. Alteration of registered trade marks
  4. Adaptation of entries in register to amended or substituted classification of goods or services

CHAPTER VIII
 COLLECTIVE MARKS

  1. Special provisions for collective marks
  2. Collective mark not to be misleading as to character or significance
  3. Application to be accompanied by regulations governing use of collective marks
  4. Acceptance of application and regulations by Registrar
  5. Regulations to be open to inspection
  6. Amendment of regulations
  7. Infringement proceedings by registered proprietor of Collective mark
  8. Additional grounds for removal of registration of collective mark

CHAPTER IX
CERTIFICATION TRADE MARKS

  1. Certain provisions of this Act not applicable to certification trade marks
  2. Registration of certification trade marks
  3. Applications for registration of certification trade marks
  4. Consideration of application for registration by the Registrar
  5. Opposition to registration of certification trade marks
  6. Filing of regulations governing the use of a certification trade mark
  7. Infringement of certification trade marks
  8. Acts not constituting infringement of certification trade marks
  9. Cancellation or varying of registration of certification trade marks
  10. Rights conferred by registration of certification trade marks

CHAPTER X
SPECIAL PROVISIONS FOR TEXTILE GOODS

  1. Textile Goods
  2. Restriction on registration of textile goods
  3. Stamping of piece goods, cotton yarn and thread
  4. Determination of character of textile goods by sampling

CHAPTER XI
 APPELLATE BOARD

  1. Establishment of Appellate Board
  2. Composition of Appellate Board
  3. Qualifications for appointment as Chairman, Vice-Chairman, or other Members
  4. Terms of office of Chairman, Vice-Chairman and other Members
  5. Vice-Chairman or senior-most Member to act as Chairman or discharge his functions in certain circumstances
  6. Salaries, allowances and other terms and conditions of service of Chairman, Vice-Chairman and other members
  7. Resignation and removal
  8. Staff of Appellate Board
  9. Appeals to Appellate Board
  10. Procedure and powers of Appellate Board
  11. Bar of jurisdiction of courts, etc.
  12. Bar to appear before Appellate Board
  13. Conditions as to making of interim orders
  14. Power of Chairman to transfer cases from one Bench to another
  15. Procedure for application for rectification, etc. before Appellate Board
  16. Appearance of Registrar in legal proceedings
  17. Costs of Registrar in proceedings before Appellate Board
  18. Transfer of pending proceedings to Appellate Board

CHAPTER XII
 OFFENCES, PENALTIES AND PROCEDURE

  1. Meaning of applying trade marks and trade descriptions
  2. Falsifying and falsely applying trade marks
  3. Penalty for applying false trade marks, trade descriptions, etc.
  4. Penalty for selling goods or providing services to which false trade mark or false trade description is applied
  5. Enhanced penalty on second or subsequent conviction
  6. Penalty for removing piece goods, etc., contrary to section 81
  7. Penalty for falsely representing a trade mark as registered
  8. Penalty for improperly describing a place of business as connected with the Trade Marks Office
  9. Penalty for falsification of entries in the register
  10. No offence in certain cases
  11. Forfeiture of goods
  12. Exemption of certain persons employed in ordinary course of business
  13. Procedure where invalidity of registration is pleaded by the accused
  14. Offences by companies
  15. Cognizance of certain offences and the power of police officer for search and seizure
  16. Evidence of origin of goods imported by sea
  17. Costs of defence or prosecution
  18. Limitation of prosecution
  19. Information as to commission of offence
  20. Punishment of abetment in India of acts done out of India
  21. Instructions of Central Government as to permissible Variation to be observed by criminal courts

CHAPTER XIII
 MISCELLANEOUS

  1. Protection of action taken in good faith
  2. Certain persons to be public servants
  3. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.
  4. Application for rectification of register to be made to Appellate Board in certain cases
  5. Implied warranty on sale of marked goods
  6. Powers of Registrar
  7. Exercise of discretionary power by Registrar
  8. Evidence before Registrar
  9. Death of party to a proceeding
  10. Extension of time
  11. Abandonment
  12. Preliminary advice by the Registrar as to distinctiveness
  13. Suit for infringement, etc. to be instituted before District Court
  14. Relief in suits for infringement or for passing off
  15. Registered user to be impleaded in certain proceedings
  16. Evidence of entries in register, etc., and things done by the Registrar
  17. Registrar and other officers not compellable to produce register, etc.
  18. Power to require goods to show indication of origin
  19. Power to require information of imported goods bearing false trade
    marks
  20. Certificate of validity
  21. Groundless threats of legal proceedings
  22. Address for service
  23. Trade usages, etc., to be taken into consideration
  24. Agents
  25. Marks registered by an agent or representative without authority
  26. Indexes
  27. Documents open to public inspection
  28. Reports of Registrar to be placed before Parliament
  29. Fees and surcharge
  30. Savings in respect of certain matters in Chapter XII
  31. Declaration as to ownership of trade mark nor registrable under the Registration Act, 1908
  32. Government to be bound
  33. Special provisions relating to applications for registration from citizens of convention countries
  34. Provision as to reciprocity
  35. Power of Central Government to remove difficulties
  36. Power to make rules
  37. Amendments
  38. Repeal and saving