Bare Acts

The Trade Marks Act, 1999

1999 · In force · synced 04 Jul 2026

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

II — THE REGISTER AND CONDITIONS FOR REGISTRATION

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

III — PROCEDURE FOR AND 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, removal and restoration of registration 26.Effect of removal from register for failure to pay fee for renewal

IV — EFFECT OF REGISTRATION

27.No action for infringement of unregistered trade mark 28.Rights conferred by registration 29.Infringement of registered trade marks 30.Limits on effect of registered trade mark 31.Registration to be prima facie evidence of validity 32.Protection of registration on ground of distinctiveness in certain cases 33.Effect of acquiescence 34.Saving for vested rights 35.Saving for use of name, address or description of goods or services 36.Saving for words used as name or description of an article or substance or service 36A.Application of Act in case of international registration under Madrid Protocol 36B.Definitions 36C.Trade Marks Registry to deal with international applications 36D.International application originating from India 36E.International registrations where India has been designated 36F.Effects of international registration 36G.Duration and renewal of international registration

V — ASSIGNMENT AND TRANSMISSION

37.Power of registered proprietor to assign and give receipts 38.Assignability and transmissibility of registered trade marks 39.Assignability and transmissibility of unregistered trade marks 40.Restriction on assignment or transmission where multiple exclusive rights would be created 41.Restriction on assignment or transmission when exclusive rights would be created in different parts of India 42.Conditions for assignment otherwise than in connection with the goodwill of a business 43.Assignability and transmissibility of certification trade marks 44.Assignability and transmissibility of associated trade marks 45.Registration of assignments and transmissions

VI — USE OF TRADE MARKS AND REGISTERED USERS

46.Proposed use of trade mark by company to be formed, etc 47.Removal from register and imposition of limitations on ground of non-use 48.Registered users 49.Registration as registered user 50.Power of Registrar for variation or cancellation of registration as registered user 51.Power of Registrar to call for information relating to agreement in respect of registered users 52.Right of registered user to take proceedings against infringement 53.No right of permitted user to take proceeding against infringement 54.Registered user not to have right of assignment or transmission 55.Use of one of associated or substantially identical trade marks equivalent to use of another 56.Use of trade mark for export trade and use when form of trade connection changes

VII — RECTIFICATION AND CORRECTION OF THE REGISTER

57.Power to cancel or vary registration and to rectify the register 58.Correction of register 59.Alteration of registered trade marks 60.Adaptation of entries in register to amended or substituted classification of goods or services

VIII

61.Special provisions for collective marks 62.Collective mark not to be misleading as to character or significance 63.Application to be accompanied by regulations governing use of collective marks 64.Acceptance of application and regulations by Registrar 65.Regulations to be open to inspection 66.Amendment of regulations 67.Infringement proceedings by registered proprietor of collective mark 68.Additional grounds for removal of registration of collective mark

XI — APPELLATE BOARD

83.Establishment of Appellate Board 84.Composition of Appellate Board 85.Qualifications for appointment as 2[Chairperson], 3[Vice-Chairperson], or other 86.Term of office of 1[Chairperson], 2[Vice-Chairperson] and other Members 87.2[Vice-Chairperson] or senior-most Member to act as 1[Chairperson] or discharge his functions in certain circumstances 88.Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.89.Resignation and removal 89A.Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member 90.Staff of Appellate Board 91.Appeals to Appellate Board 92.Procedure and powers of Appellate Board 93.Bar of jurisdiction of courts, etc 94.Bar to appear before Appellate Board 95.Conditions as to making of interim orders 96.Power of 1[Chairperson] to transfer cases from one Bench to another 97.Procedure for application for rectification, etc., before Appellate Board 98.Appearance of Registrar in legal proceedings 99.Costs of Registrar in proceedings before Appellate Board 100.Transfer of pending proceedings to Appellate Board

XII

101.Meaning of applying trade marks and trade descriptions 102.Falsifying and falsely applying trade marks 104.Penalty for selling goods or providing services to which false trade mark or false trade description is applied 106.Penalty for removing piece goods, etc., contrary to section 81 107.Penalty for falsely representing a trade mark as registered 108.Penalty for improperly describing a place of business as connected with the Trade Marks 109.Penalty for falsification of entries in the register 110.No offence in certain cases 111.Forfeiture of goods 112.Exemption of certain persons employed in ordinary course of business 113.Procedure where invalidity of registration is pleaded by the accused 114.Offences by companies 115.Cognizance of certain offences and the powers of police officer for search and seizure 116.Evidence of origin of goods imported by sea 117.Costs of defence or prosecution 118.Limitation of prosecution 119.Information as to commission of offence 120.Punishment of abetment in India of acts done out of India 121.Instructions of Central Government as to permissible variation to be observed by criminal courts

XIII

122.Protection of action taken in good faith 123.Certain persons to be public servants 124.Stay of proceedings where the validity of registration of the trade mark is questioned, etc 125.Application for rectification of register to be made to Appellate Board in certain cases 126.Implied warranty on sale of marked goods 127.Powers of Registrar 128.Exercise of discretionary power by Registrar 129.Evidence before Registrar 130.Death of party to a proceeding 131.Extension of time 132.Abandonment 133.Preliminary advice by the Registrar as to distinctiveness 134.Suit for infringement, etc., to be instituted before District Court 135.Relief in suits for infringement or for passing off 136.Registered user to be impleaded in certain proceedings

VII

137.Evidence of entries in register, etc., and things done by the Registrar 138.Registrar and other officers not compellable to produce register, etc 139.Power to require goods to show indication of origin 140.Power to require information of imported goods bearing false trade marks 141.Certificate of validity 142.Groundless threats of legal proceedings 143.Address for service 144.Trade usages, etc., to be taken into consideration 145.Agents 146.Marks registered by an agent or representative without authority 147.Indexes 148.Documents open to public inspection 149.Reports of Registrar to be placed before Parliament 150.Fees and surcharge 151.Savings in respect of certain matters in Chapter XII 152.Declaration as to ownership of trade mark not registrable under the Registration 153.Government to be bound 154.Special provisions relating to applications for registration from citizens of convention countries 155.Provision as to reciprocity 156.Power of Central Government to remove difficulties 157.Power to make rules 158.Amendments 159.Repeal and savings

1815223036A374452596675869299109116123130138145152