THE TRADE MARKS ACT,1940
PAKISTAN

Index


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CHAPTER I

PRELIMINARY

  1. Short title, extent and commencement.
  2. Definitions
  3. Application of other laws not barred.

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CHAPTER II


THE REGISTER AND CONDITIONS FOR REGISTRATION

  1. The register of trade marks.

 4A.   Branch of Trade Marks Registry.

  1. Registration to be in respect of particular goods.

  2. Distinctiveness requisite for registration.

  3. Limitation as to colour.

  4. Prohibition of registration of certain matter.

  5. Use of names of chemical elements barred.

  6. Prohibition of registration of identical or similar trade mark.

  7. Registration of parts of trademarks and of trade marks as a series.

  8. Associated trade marks

  9. Registration subject to disclaimer.

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CHAPTER - III


       PROCEDURE FOR AND DURATION OF REGISTRATION

  1. Application for registration.

  2. Opposition to registration.

  3. Registration.

  4. Jointly owned trade marks.

  5. Duration and renewal of registration.

  6. Effect of removal from register for failure to payee for renewal.

 

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CHAPTER - IV


EFFECT OF REGISTRATION

  1. No action for infringement of unregistered trade marks.

  2. Right conferred by registration.

  3. No infringement in certain circumstances.

  4. Registration to be prima facie evidence of validity.

  5. Registration to be conclusive as to validity after seven years

  6. Saving for vested rights.

  7. Saving for use of name, address, or description of goods.

  8. Words used as name or description of an article or substance.



                

 CHAPTER - V


ASSIGNMENT AND TRANSMISSION

  1. Power of registered proprietor to assign and give project

  2. Assignability of registered trade marks

  3. Assignability of unregistered trade marks.

  4. Restrictions on assignment or transmission where multiple exclusives right would be created.

  5. Restrictions on assignment or transmission when exclusives right would be created in different parts of Pakistan.

  6. Conditions for assignment otherwise than in connection with the good will of a business.

  7. Conditions for assignment and transmission of certification trade marks and associated trade marks.

  8. Registration of assignments and transmission.

 

                 

CHAPTER - VI


USE OF TRADE MARKS AND REGISTERED USERS

  1. Proposed use of trade mark by company to be formed

  2. Removal from register and imposition of limitations on ground of non-use.

  3. Defensive register and imposition of limitations on ground of non-use.

  4. Defensive registration of well-known trade marks.

  5. Power of registered user to take proceedings against infringement

  6. Application for registration as registered user

  7. Power to Registrar as registered user.

  8. Registered user not to have right of assignment or transmission.

  9. Use of one of associated or substantially identical trade marks equivalent to use of another.

  10. 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 mark.

  4. Adaptation of entries in register to amended or substituted classification of goods.



                

CHAPTER - VIII


CERTIFICATION TRADE MARKS

  1. Provisions of this Act applicable to certification trade marks.

  2. Certification trade mark not to be registered in name of person trading in goods certified thereby.

  3. Determination whether a mark is a certification trade mark.

  4. Application for registration.

  5. Consideration of application for registration by Central Government.

  6. Opposition to registration.

  7. Deposit of regulations governing the use of a certification trade mark.

  8. Right conferred by registration.

  9. No infringement in certain circumstances.

  10. Cancellation or varying of registration.

  11. Costs not to be awarded in certain cases.

  12. Decisions of central Government to be final

 

                 

CHAPTER - IX


SPECIAL PROVISIONS FOR TEXTILE GOODS

  1. Textile goods.

  2. [Omitted]

    63A  [Omitted]

  1. Restrictions on registration of textile goods.

  2. Refused Textile Marks List.

  3. Advisory Committees.

 

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CHAPTER - X


OFFENCES AND RESTRAINT OF USE OF ROYAL ARMS AND STATE EXBLEMS.

 

  1. Penalty for falsification of entries in register.

  2. Penalty for falsely representing a trade mark as registered.

  3. Restraint of use of Royal Arms and State Emblems.

 

                

CHAPTER - XI

MISCELLANEOUS

  1. Procedure before the Registrar.

  2. Procedure before Central Government.

  3. Procedure in certain cases of option to apply to a High Court or the Registrar.

  4. Suits for infringement to be instituted before District Court.

  5. Appearance of Registrar in proceedings involving rectification of register.

    74A  Costs of Registrar in proceedings before High Court.

  1. Evidence of entries in register and things done by Registrar.

  2. Appeals.

  3. Power to High Courts to make rules.

  4. Certificate of validity.

  5. Trade usage, etc., to be taken into consideration.

  6. Agents.

  7. Fees.

  8. Government to be bound.

    82A. Power to make reciprocal arrangement withAcceding or anon-Acceding State

  1. Power to make reciprocal arrangements with other Governments.

  2. Power of Central Government to make rules.

  3. Power to Central Government to make provision for applications for registration before the coming into force of the remaining provisions of Act

  4. [Omitted.]