The Trade Marks Act, 1999

(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 1as the Central Government may, by notification in theOfficial Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any referencein any such provision to the commencement of this Act shall be construed as a reference to the cominginto force of that provision.

(1) In this Act, unless the context otherwise requires,-- 1***** (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 asassociated trade marks under this Act; 1***** (e) certification trade mark means a mark capable of distinguishing the goods or services inconnection with which it is used in the course of trade which are certified by the proprietor of themark in respect of origin, material, mode of manufacture of goods or performance of services, quality,accuracy or other characteristics from goods or services not so certified and registrable as such underChapter IX in respect of those goods or services in the name, as proprietor of the certification trademark, of that person; 1***** (g) collective mark means a trade mark distinguishing the goods or services of members of anassociation of persons (not being a partnership within the meaning of the Indian PartnershipAct, 1932 (9 of 1932) which is the proprietor of the mark from those of others; (h) deceptively similar.A mark shall be deemed to be deceptively similar to another mark ifit so nearly resembles that other mark as to be likely to deceive or cause confusion; (i) false trade description means-- (I) a trade description which is untrue or misleading in a material respect as regards the goodsor services to which it is applied; or (II) any alteration of a trade description as regards the goods or services to which it is applied,whether by way of addition, effacement or otherwise, where that alteration makes the descriptionuntrue or misleading in a material respect; or (III) any trade description which denotes or implies that there are contained, as regards thegoods to which it is applied, more yards or metres than there are contained therein standard yardsor standard metres; or (IV) any marks or arrangement or combination thereof when applied-- (a) to goods in such a manner as to be likely to lead persons to believe that the goods arethe manufacture or merchandise of some person other than the person whose merchandise ormanufacture they really are; (b) in relation to services in such a manner as to be likely to lead persons to believe thatthe services are provided or rendered by some person other than the person whose servicesthey really are; or (V) any false name or initials of a person applied to goods or services in such manner as ifsuch name or initials were a trade description in any case where the name or initials (a) is or are not a trade mark or part of a trade mark; and (b) is or are identical with or deceptively similar to the name or initials of a personcarrying on business in connection with goods or services of the same description or both andwho has not authorised the use of such name or initials; and (c) is or are either the name or initials of a fictitious person or some person not bona fidecarrying on business in connection with such goods or services,and the fact that a trade description is a trade mark or part of a trade mark shall not prevent suchtrade description being a false trade description within the meaning of this Act; (j) goods means anything which is the subject of trade or manufacture; 2*****; (l) limitations (with its grammatical variations) means any limitation of the exclusive right tothe use of a trade mark given by the registration of a person as proprietor thereof, includinglimitations of that right as to mode or area of use within India or outside India; (m) mark includes a device, brand, heading, label, ticket, name, signature, word, letter,numeral, shape of goods, packaging or combination of colours or any combination thereof; 2***** (o) name includes any abbreviation of a name; (p) notify means to notify in the Trade Mark Journal published by the Registrar; (q) package includes any case, box, container, covering, folder, receptacle, vessel, casket,bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork; (r) permitted use, in relation to a registered trade mark, means the use of trade mark-- (i) by a registered user of the trade mark in relation to goods or services-- (a) with which he is connected in the course of trade; and (b) in respect of which the trade mark remains registered for the time being; and (c) for which he is registered as registered user; and (d) which complies with any conditions or limitations to which the registration ofregistered user is subject; or (ii) by a person other than the registered proprietor and registered user in relation to goods orservices-- (a) with which he is connected in the course of trade; and (b) in respect of which the trade mark remains registered for the time being; and (c) by consent of such registered proprietor in a written agreement; and (d) which complies with any conditions or limitations to which such user is subject and towhich the registration of the trade mark is subject; 3[(s) prescribed means, (i) in relation to proceedings before a High Court, prescribed by rules made by the HighCourt; and (ii) in other cases, prescribed by rules made under this Act; ](t) register means the Register of Trade Marks referred to in sub-section (1) of section 6; (u) registered (with its grammatical variations) means registered under this Act; (v) registered proprietor, in relation to a trade mark, means the person for the time beingentered in the register as proprietor of the trade mark; (w) registered trade mark means a trade mark which is actually on the register and remaining inforce; (x) registered user means a person who is for the time being registered as such undersection 49; (y) Registrar means the Registrar of Trade Marks referred to in section 3; (z) Service means service of any description which is made available to potential users andincludes the provision of services in connection with business of any industrial or commercial matterssuch as banking, communication, education, financing, insurance, chit funds, real estate, transport,storage, material treatment, processing, supply of electrical or other energy, boarding, lodging,entertainment, amusement, construction, repair, conveying of news or information and advertising; (za) trade description means any description, statement or other indication, direct or indirect--, (i) as to the number, quantity, measure, gauge or weight of any goods; or (ii) as to the standard of quality of any goods or services according to a classificationcommonly used or recognised in the trade; or (iii) as to fitness for the purpose, strength, performance or behaviour of any goods, beingdrug as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or food as defined in thePrevention of Food Adulteration Act, 1954 (37 of 1954); or (iv) as to the place or country in which or the time at which any goods or services were made,produced or provided, as the case may be; or (v) as to the name and address or other indication of the identity of the manufacturer or of theperson providing the services or of the person for whom the goods are manufactured or servicesare provided; or (vi) as to the mode of manufacture or producing any goods or providing services; or (vii) as to the material of which any goods are composed; or (viii) as to any goods being the subject of an existing patent, privilege or copyright,and includes-- (a) any description as to the use of any mark which according to the custom of the trade iscommonly taken to be an indication of any of the above matters; (b) the description as to any imported goods contained in any bill of entry or shipping bill; (c) any other description which is likely to be misunderstood or mistaken for all or any of thesaid matters; (zb) trade mark means a mark capable of being represented graphically and which is capable ofdistinguishing the goods or services of one person from those of others and may include shape ofgoods, their packaging and combination of colours; and-- (i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark usedin relation to goods or services for the purpose of indicating or so as to indicate a connection inthe course of trade between the goods or services, as the case may be, and some person having theright as proprietor to use the mark; and (ii) in relation to other provisions of this Act, a mark used or proposed to be used in relationto goods or services for the purpose of indicating or so as to indicate a connection in the course oftrade between the goods or services, as the case may be, and some person having the right, eitheras proprietor or by way of permitted user, to use the mark whether with or without any indicationof the identity of that person, and includes a certification trade mark or collective mark; (zc) transmission means transmission by operation of law, devolution on the personalrepresentative of a deceased person and any other mode of transfer, not being assignment; (zd) Technical Member means a Member who is not a Judicial Member; 4***** (zg) well known trade mark, in relation to any goods or services, means a mark which hasbecome so to the substantial segment of the public which uses such goods or receives such servicesthat the use of such mark in relation to other goods or services would be likely to be taken asindicating a connection in the course of trade or rendering of services between those goods or servicesand a person using the mark in relation to the first-mentioned goods or services. (2) In this Act, unless the context otherwise requires, any reference-- (a) to trade mark shall include reference to collective mark or certification trade mark; (b) to the use of a mark shall be construed as a reference to the use of printed or other visualrepresentation of the mark; (c) to the use of a mark,-- (i) in relation to goods, shall be construed as a reference to the use of the mark upon, or inany physical or in any other relation whatsoever, to such goods; (ii) in relation to services, shall be construed as a reference to the use of the mark as or as partof any statement about the availability, provision or performance of such services; (d) to the Registrar shall be construed as including a reference to any officer when discharging thefunctions of the Registrar in pursuance of sub-section (2) of section 3; (e) to the Trade Marks Registry shall be construed as including a reference to any office of theTrade Marks Registry. (3) For the purposes of this Act, goods and services are associated with each other if it is likely thatthose goods might be sold or otherwise traded in and those services might be provided by the samebusiness and so with descriptions of goods and descriptions of services. (4) For the purposes of this Act, existing registered trade mark means a trade mark registered underthe Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of thisAct.

(1) The Central Government may, bynotification 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 with such designations as it thinks fit forthe purpose of discharging, under the superintendence and direction of the Registrar, such functions of theRegistrar under this Act as he may from time to time authorise them to discharge.

Without prejudice to the generality ofthe provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to berecorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2)and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer thesame to another officer so appointed who may, subject to special directions in the order of transfer,proceed with the matter either de novo or from the stage it was so transferred.

(1) For the purposes of this Act, there shall be atrade marks registry and the Trade Marks Registry established under the Trade and Merchandise MarksAct, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act. (2) The head office of the Trade Marks Registry shall be at such place as the Central Governmentmay specify, and for the purpose of facilitating the registration of trade marks, there may be established atsuch places as the Central Government may think fit branch offices of the Trade Marks Registry. (3) The Central Government may, by notification in the Official Gazette, define the territorial limitswithin which an office of the Trade Marks Registry may exercise its functions. (4) There shall be a seal of the Trade Marks Registry.