Limitation as to colour (1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the [Registrar or the High Court, as the case may be,] having to decide on the distinctive character of the trade mark. (2) So far as a […]
Absolute grounds for refusal of registration (1) The trade marks— (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person; (b) which consist exclusively of marks or indications which may serve in trade to designate
Publication of alphabetical index (1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7. (2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall
Classification of goods and services (1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks. (2) Any question arising as to the class within which any goods or services falls shall be determined by
The register of trade marks (1) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the
Trade marks registry and offices thereof (1) For the purposes of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act. (2) The head office of the Trade Marks Registry
Power of Registrar to withdraw or transfer cases, etc Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter
Appointment of Registrar and other officers (1) The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Controller-General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act. (2) The Central Government may appoint such other officers
Definitions and interpretation (1) In this Act, unless the context otherwise requires,— (a) [***] (b) “assignment” means an assignment in writing by act of the parties concerned; (c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act; (d) [***]
Short title, extent and commencement (1) This Act may be called the Trade Marks Act, 1999. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of