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Contents TRADE MARKS ACT, 1999 PAGE
CHAPTER I PRELIMINARY 1. Short title, extent and commencement
1
2. Definitions and interpretation
1
CHAPTER II THE REGISTER AND CONDITIONS FOR REGISTRATION 3. Appointment of Registrar and other officers
9
4. Power of Registrar to withdraw or transfer cases, etc.
9
5. Trade marks registry and offices thereof
9
6. The Register of Trade Marks
10
7. Classification of goods and services
10
8. Publication of alphabetical index
10
9. Absolute grounds for refusal of registration
11
10. Limitation as to colour
13
11. Relative grounds for refusal of registration
13
12. Registration in the case of honest concurrent use, etc.
17
13. Prohibition of registration of names of chemical elements or international non-proprietary names
18
I-5
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I-6 PAGE
14. Use of names and representations of living persons or persons recently dead
18
15. Registration of parts of trade marks and of trade marks as a series
19
16. Registration of trade marks as associated trade marks
20
17. Effect of registration of parts of a mark
21
CHAPTER III PROCEDURE FOR AND DURATION OF REGISTRATION 18. Application for registration
22
19. Withdrawal of acceptance
24
20. Advertisement of application
24
21. Opposition to registration
25
22. Correction and amendment
26
23. Registration
26
24. Jointly owned trade marks
26
25. Duration, renewal, removal and restoration of registration
27
26. Effect of removal from register for failure to pay fee for renewal
28
CHAPTER IV EFFECT OF REGISTRATION 27. No action for infringement of unregistered trade mark
29
28. Rights conferred by registration
29
29. Infringement of registered trade marks
31
30. Limits on effect of registered trade mark
34
31. Registration to be prima facie evidence of validity
35
32. Protection of registration on ground of distinctiveness in certain cases
35
33. Effect of acquiescence
36
34. Saving for vested rights
36
35. Saving for use of name, address or description of goods or services
37
36. Saving for words used as name or description of an article or substance or service
37
I-7
CONTENTS PAGE
CHAPTER IVA SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL 36A. Application of Act in case of international registration under Madrid Protocol
38
36B. Definitions
38
36C. Trade Marks Registry to deal with international applications
39
36D. International application originating from India
39
36E. International registrations where India has been designated
40
36F. Effects of international registration
41
36G. Duration and renewal of international registration
41
CHAPTER V ASSIGNMENT AND TRANSMISSION 37. Power of registered proprietor to assign and give receipts
41
38. Assignability and transmissibility of registered trade marks
42
39. Assignability and transmissibility of unregistered trade marks
42
40. Restriction on assignment or transmission where multiple exclusive rights would be created
42
41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India
43
42. Conditions for assignment otherwise than in connection with the goodwill of a business
44
43. Assignability and transmissibility of certification trade marks
44
44. Assignability and transmissibility or associated trade marks
45
45. Registration of assignments and transmissions
45
CHAPTER VI USE OF TRADE MARKS AND REGISTERED USERS 46. Proposed use of trade mark by company to be formed, etc.
47
47. Removal from register and imposition of limitations on ground of non-use
48
48. Registered users
51
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I-8 PAGE
49. Registration as registered user
51
50. Power of Registrar for variation or cancellation of registration as registered user
53
51. Power of Registrar to call for information relating to agreement in respect of registered users
54
52. Right of registered user to take proceedings against infringement
54
53. No right of permitted user to take proceeding against infringement
55
54. Registered user not to have right of assignment or transmission
55
55. Use of one of associated or substantially identical trade marks equivalent to use of another
56
56. Use of trade mark for export trade and use when form of trade connection changes
56
CHAPTER VII RECTIFICATION AND CORRECTION OF THE REGISTER 57. Power to cancel or vary registration and to rectify the register
57
58. Correction of register
58
59. Alteration of registered trade marks
58
60. Adaptation of entries in register to amended or substituted classification of goods or services
58
CHAPTER VIII COLLECTIVE MARKS 61. Special provisions for collective marks
59
62. Collective mark not to be misleading as to character or significance
59
63. Application to be accompanied by regulations governing use of collective marks
59
64. Acceptance of application and regulations by Registrar
59
65. Regulations to be open to inspection
59
66. Amendment of regulations
59
67. Infringement proceeding by registered proprietor of collective mark
60
I-9
CONTENTS PAGE
68. Additional grounds for removal of registration of collective mark
60
CHAPTER IX CERTIFICATION TRADE MARKS 69. Certain provisions of this Act not applicable to certification trade marks
60
70. Registration of certification trade marks
60
71. Applications for registration of certification trade marks
60
72. Consideration of application for registration by the Registrar
61
73. Opposition to registration of certification trade marks
61
74. Filing of regulations governing the use of a certification trade mark
61
75. Infringement of certification trade marks
62
76. Acts not constituting infringement of certification trade marks
62
77. Cancellation or varying of registration of certification trade marks
63
78. Rights conferred by registration of certification trade marks
63
CHAPTER X [***] 79. to 82. [Omitted by the Trade Marks (Amendment) Act, 2010, w.e.f. 8-7-2013]
64
CHAPTER XI APPEALS 83. to 90. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
64
91. Appeals to High Court
64
92. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021]
68
93. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
68
94. Bar to appear before Registrar
69
95. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
69
96. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
69
97. Procedure for application for rectification, etc., before High Court
69
98. Appearance of Registrar in legal proceedings
69
CONTENTS
I-10 PAGE
99. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
70
100. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021]
70
CHAPTER XII OFFENCES, PENALTIES AND PROCEDURE 101. Meaning of applying trade marks and trade descriptions
70
102. Falsifying and falsely applying trade marks
71
103. Penalty for applying false trade marks, trade descriptions, etc.
71
104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied
72
105. Enhanced penalty on second or subsequent conviction
73
106. Penalty for removing piece goods, etc., contrary to section 81
73
107. Penalty for falsely representing a trade mark as registered
73
108. Penalty for improperly describing a place of business as connected with the trade marks office
74
109. Penalty for falsification of entries in the register
74
110. No offence in certain cases
74
111. Forfeiture of goods
74
112. Exemption of certain persons employed in ordinary course of business
75
112A. Adjudication of penalties
75
112B. Appeal
75
113. Procedure where invalidity of registration is pleaded by the accused
76
114. Offences by companies
77
115. Cognizance of certain offences and the powers of police officer for search and seizure
77
116. Evidence of origin of goods imported by sea
78
117. Costs of defence or prosecution
78
118. Limitation of prosecution
78
119. Information as to commission of offence
78
120. Punishment of abetment in India of acts done out of India
78
121. Instructions of Central Government as to permissible variation to be observed by criminal courts
78
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CONTENTS PAGE
CHAPTER XIII MISCELLANEOUS 122. Protection of action taken in good faith
79
123. Certain persons to be public servants
79
124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.
79
125. Application for rectification of register to be made to High Court in certain cases
80
126. Implied warranty on sale of marked goods
80
127. Powers of Registrar
81
128. Exercise of discretionary power by Registrar
81
129. Evidence before Registrar
81
130. Death of party to a proceeding
81
131. Extension of time
81
132. Abandonment
82
133. Preliminary advice by the Registrar as to distinctiveness
82
134. Suit for infringement, etc., to be instituted before District Court
83
135. Relief in suits for infringement or for passing off
84
136. Registered user to be impleaded in certain proceedings
85
137. Evidence of entries in register, etc., and things done by the Registrar
86
138. Registrar and other officers not compellable to produce register, etc.
86
139. Power to require goods to show indication of origin
86
140. Power to require information of imported goods bearing false trademarks
87
141. Certificate of validity
87
142. Groundless threats of legal proceedings
88
143. Address for service
89
144. Trade usages, etc., to be taken into consideration
89
145. Agents
89
146. Marks registered by an agent or representative without authority
89
147. Indexes
89
148. Documents open to public inspection
90
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I-12 PAGE
149. Reports of Registrar to be placed before Parliament
90
150. Fees and surcharge
90
151. Savings in respect of certain matters in Chapter XII
90
152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
91
153. Government to be bound
91
154. Special provisions relating to applications for registration from citizens of convention countries
91
155. Provision as to reciprocity
92
156. Power of Central Government to remove difficulties
92
157. Power to make rules
92
158. Amendments
96
159. Repeal and savings
96
SCHEDULE
97
SUBJECT INDEX
99
TRADE MARKS RULES, 2017 CHAPTER I PRELIMINARY 1. Short title and commencement
107
2. Definitions
107
3. Principal place of business in India
110
4. Appropriate office of the Trade Marks Registry
110
5. Jurisdiction of appropriate office not altered by change in the principal place of business or address for service
111
6. Entry of the appropriate office in the Register
111
7. Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry
111
8. Leaving of documents, etc.
112
9. Issue of notices etc.
112
10. Fees
112
11. Forms
112
12. Size, etc of documents
113
13. Signing of documents
113
14. Service of documents
113
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CONTENTS PAGE
15. Particulars of address etc. of applicants and other persons
114
16. Statement of principal place of business in India in the application
114
17. Address for Service
114
18. Service of Documents by the Registrar
115
19. Agency
115
20. Classification of goods and service
116
21. Preliminary advice by Registrar as to distinctiveness
116
22. Request to Registrar for Search
116
CHAPTER II PROCEDURE FOR REGISTRATION OF TRADEMARKS APPLICATION 23. Form and signing of application
117
24. Application under convention arrangement
117
25. Statement of user in applications
118
26. Representation of trademark
118
27. Series Trademarks
119
28. Transliteration and translation
119
29. Names and representations of living persons or persons recently dead
119
30. Name or description of goods or services on a trademark
120
31. Deficiencies
120
32. Acknowledgement of the Application
120
33. Examination, Objection to acceptance, hearing
120
34. Expedited Processing of Application
121
35. Notice of withdrawal of application for registration
121
36. Decision of Registrar
121
37. Correction and amendment of application
122
38. Withdrawal of acceptance by the Registrar
122
39. Manner of Advertisement
122
40. Notification of correction or amendment of application
123
41. Request to Registrar for particulars of advertisement of a trademark
123
Opposition to Registration 42. Notice of Opposition
123
43. Requirements of Notice of Opposition
124
CONTENTS
I-14 PAGE
44. Counter-statement
125
45. Evidence in support of opposition
125
46. Evidence in support of application
125
47. Evidence in reply by opponent
126
48. Further evidence
126
49. Translation of documents
126
50. Hearing and decision
126
51. Security for costs
127
Notice of Non-Completion of Registration 52. Procedure for giving notice
127
Registration 53. Entry in the Register
127
54. Associated trademarks
128
55. Death of applicant before registration
128
56. Certificate of registration
128
CHAPTER III RENEWAL OF REGISTRATION AND RESTORATION 57. Renewal of registration
129
58. Notice before removal of trademark from register
129
59. Advertisement of removal of trademark from the register
129
60. Restoration and renewal of registration
130
61. Notice and advertisement of renewal and restoration
130
CHAPTER IV SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADEMARKS THROUGH THE INTERNATIONAL REGISTRATION UNDER MADRID PROTOCOL 62. Definitions
130
63. Language
130
64. Issue of notices or communications etc. and response thereto
130
65. International application in respect of which India is the country of origin
130
66. Verification and Certification of international application in respect of which India is the country of origin
131
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CONTENTS PAGE
67. Handling fee
131
68. Manner of keeping the record of international registrations where India has been designated
131
69. Examination of application under section 36E
131
70. Invalidation of protection
132
71. Effect of cancellation of international registration
132
72. Collective and Certification Trademarks
132
73. Replacement of national registration
132
74.
133 CHAPTER V ASSIGNMENT AND TRANSMISSION
75. Application for entry of assignment or transmission
133
76. Case accompanying application
133
77. Proof of title
133
78. Impounding of Instruments
133
79. Assignments involving transmission of moneys outside India
133
80. Application for Registrar’s direction as to advertisement of an assignment of a trademark without goodwill of the business
133
81. Application for entry of assignment without goodwill
134
82. Separate registration
134
83. Registrar’s certificate or approval as to certain assignment and transmissions
134
84. Entry in register, of particulars of assignment
135
85. Registration of assignment to a company under section 46
135
CHAPTER VI REGISTERED USER 86. Application for registration as registered user
135
87. Consideration by the Registrar
136
88. Hearing before refusing an application or to accept it conditionally
136
89. Entry in the register
136
90. Registration not to imply authorisation to transmit money outside India
136
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I-16 PAGE
91. Communication of registration as registered user
136
92. Registered proprietor’s application to vary entry
136
93. Cancellation of registration of registered user
137
94. Power of the Registrar to call for information with respect to registered user
137
95. Procedure on application to vary entry or cancel registration
137
96. Registered user’s application
137
CHAPTER VII RECTIFICATION AND CORRECTION OF REGISTER ALTERATION OR RECTIFICATION OF REGISTER 97. Application to rectify or remove a trademark from the register
138
98. Further procedure
138
99. Intervention by third parties
138
100. Rectification of the register by the Registrar of his own motion
138
Alteration or Correction in Register 101. Alteration of address in register
139
102. Alteration of registered trademark
140
103. Advertisement before decision and opposition etc.
140
104. Decision, Advertisement, Notification
140
Re-classification of Goods in Respect of Existing Registration 105. Re-classification in respect of existing registration
141
CHAPTER VIII MISCELLANEOUS 106. Refusal or invalidation of registration of a trademark conflicting with a geographical indication
141
107. Single application under sub-section (2) of section 18
141
108. Divisional Application
142
109. Extension of time
142
110. Exercise of discretionary power of Registrar
142
111. Communication of decision
142
112. Amendments and correction of irregularity in procedure
143
113. Directions not otherwise prescribed
143
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CONTENTS PAGE
114. Opinion of the Registrar under section 115(4)
143
Hearings 115. Hearings
143 Awards of Costs by Registrar
116. Costs in uncontested cases
144
117. Exception to rule 116
144
118. Scale of costs
144
Review of Decisions of the Registrar 119. Application for review of Registrar’s decision
144
Affidavit 120. Form, etc. of Affidavits
144
Inspection of Documents by Public 121. Inspection of documents
145
Certificates 122. Certified copies of documents
145
123. Power of Registrar to notify International Non-proprietary names
145
Well-Known Trademarks 124. Determination of Well Known Trademark by Registrar
146
Appeal to the Intellectual Property Appellate Board 125. Time for appeal
146
126. Service to the Registrar
146
Certificate of Validity 127. Certificate of validity to be noted
146
Return of Exhibits and Destruction of Records 128. Return of exhibits
147
129. Destruction of records
147
130. Rules to apply to collective trademarks
147
131. Application for registration and proceedings relating thereto
147
132. Case accompanying application
148
133. Examination, Hearing, Opposition, Registration, and Renewal
148
134. Amendment of regulations relating to collective trademarks and renewal
148
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I-18 PAGE
135. Removal of collective trademark
148
136. Rules to apply to certification Trademarks
148
137. Application for registration and proceedings relating thereto
148
138. Statement of case accompanying application
149
139. Examination, Hearing, Opposition, Registration, and Renewal
149
140. Cancellation or variation of registration of certification trademark
149
141. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks
149
142. Register of Trademarks Agents
150
143. Registration of existing registered trademarks agents, code of conduct, etc.
150
144. Qualifications for registration
150
145. Persons debarred from registration
150
146. Manner of making application
151
147. Application for registration as a trademarks agent
151
148. Procedure on application and qualifying requirements
151
149. Certificate of registration
151
150. Continuance of the name in the register of Trade Marks Agents
151
151. Removal of agent’s name from the register of Trade Marks agents
151
152. Power of Registrar to refuse to deal with certain agents
152
153. Restoration of removed names
152
154. Alteration in the register of Trademarks Agents
152
155. Publication of the register of trademarks agents
153
156. Appeal
153
157. Language of the Trade Marks Registry
153
158. Repeal
153
FIRST SCHEDULE
154
SECOND SCHEDULE FORMS
158
THIRD SCHEDULE
177
FORTH SCHEDULE
179
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TRADE MARKS (APPLICATIONS AND APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD) RULES, 2003 1. Short title and commencement
180
2. Applications and appeals
180
3. Fees
181
FIRST SCHEDULE
181
SECOND SCHEDULE
186
INTELLECTUAL PROPERTY APPELLATE BOARD (PROCEDURE) RULES, 2003 1. Short title and commencement
187
2. Definitions
187
3. Form of procedure of application or appeal
188
4. Payment of fee
188
5. Language of the Appellate Board
188
6. Application or appeal to be in writing
188
7. Presentation and scrutiny of application or appeal
189
8. Documents to accompany application or appeal
189
9. Notices of application or appeal to the respondent
189
10. Filing of counter-statement to the application or appeal and other documents by the respondent
189
11. Filing of reply by the applicant or appellant
190
12. Exhibits
190
13. Translation of documents
190
14. Extension of time
190
15. Intervention by third parties
190
16. Date of hearing to be notified
191
17. Hearing of application or appeal
191
CONTENTS
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18. Adjournment of hearing
191
19. Award of costs by the Appellate Board
191
20. Order to be signed and dated
191
21. Communication of orders
191
22. Publication of the orders
191
23. Review petitions
191
24. Continuation of proceedings after the death of a party, merger, assignment, acquisition or transmission
192
25. Fee for inspection of records and obtaining copies thereof
192
26. Functions of the Deputy Registrar
192
27. Additional functions and duties of the Deputy Registrar
192
28. Dress regulations for the Chairman, Vice-Chairman, Technical Member of the Appellate Board and for the representatives of the parties
193
29. Seal and emblem
193
FIRST SCHEDULE
193
SECOND SCHEDULE
198
TRADE MARKS (HOLDING INQUIRY AND APPEAL) RULES, 2024 Holding Inquiry and Appeal 1. Short Title and Commencement
199
2. Definitions
199
3. Complaint
200
4. Holding of inquiry
200
5. Appeal
201
6. Serving upon parties
201
7. Extension of time
201
8. Order and penalties FIRST SCHEDULE
201 202
TRADE MARKS (REMOVAL OF DIFFICULTIES) ORDER, 2004
Trade Marks (Removal of Difficulties) Order, 2004
204
SAMPLE CHAPTER
Trade Marks Act, 1999 [47 OF 1999]1 An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY Short title, extent and commencement. 1. (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 date2 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Definitions and interpretation. 2. (1) In this Act, unless the context otherwise requires,— (a) 3[***] (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; 4 (d) [***] 1. Dated 30-12-1999. 2. Notification No. S.O. 1048(E), dated 15-9-2003 - In exercise of the powers conferred by sub-section (3) of section 1 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby appoints 15th day of September, 2003 as the date on which all the provisions of the said Act shall come into force. 3. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (a) read as under: ‘(a) “Appellate Board” means the Appellate Board established under section 83;’ 4. Omitted, ibid. Prior to its omission, clause (d) read as under: ‘(d) “Bench” means a Bench of the Appellate Board;’
1
S. 2
TRADE MARKS ACT, 1999
2
(e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark 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 under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person; (f) 5[***] (g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 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 if it 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 goods or 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 description untrue or misleading in a material respect; or (III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or 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 are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are; (b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or (V) any false name or initials of a person applied to goods or services in such manner as if such 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 person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and 5. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (f) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(f) “Chairperson” means the Chairperson of the Appellate Board;’
3
TRADE MARKS ACT, 1999
S. 2
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying 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 such trade description being a false trade description within the meaning of this Act; (j) “goods” means anything which is the subject of trade or manufacture; (k) 6[***] (l) “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations 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; (n) 7[***] (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 of registered user is subject; or (ii) by a person other than the registered proprietor and registered user 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 6. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (k) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(k) “Judicial Member” means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson and the Vice-Chairperson;’ 7. Omitted, ibid. Prior to its omission, clause (n) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(n) “Member” means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;’
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(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 to which the registration of the trade mark is subject; [(s) “prescribed” means,–
8
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; 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 being entered 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 in force; (x) “registered user” means a person who is for the time being registered as such under section 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 and includes the provision of services in connection with business of any industrial or commercial matters such 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 classification commonly used or recognised in the trade; or (iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention 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
8. Substituted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its substitution, clause (s) read as under: ‘(s) “prescribed” means prescribed by rules made under this Act;’
5
TRADE MARKS ACT, 1999
S. 2
(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are 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 is commonly 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 the said matters; (zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and— (i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right 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 relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark; (zc) “transmission” means transmission by operation of law, devaluation on the personal representative 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; (ze) 9[***] (zf) 9a[***] 9. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clauses (ze) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(ze) “tribunal” means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending;’ 9a. Omitted, ibid. Prior to its omission, clause (zf) read as under: ‘(zf) “Vice-Chairperson” means a Vice-Chairperson of the Appellate Board;’
TRADE MARKS ACT 1999 WITH RULES BARE ACT WITH SECTION NOTES AUTHOR : PUBLISHER : DATE OF PUBLICATION : EDITION : ISBN NO : NO. OF PAGES : BINDING TYPE :
Taxmann's Editorial Board Taxmann December 2025 2026 Edition 9789375611158 224 Paperback
Rs. 295 DESCRIPTION Trade Marks Act 1999 with Rules [Bare Act with Section Notes] by Taxmann provides a clear, authoritative, and updated presentation of India's trade mark law. It consolidates the Trade Marks Act 1999, along with the applicable Rules and allied subordinate legislation, and is supplemented by concise, section-wise notes that simplify key provisions and clarify their practical application. The publication reproduces the statute in its exact legislative form, while the accompanying notes enhance ease of reference and understanding of trade mark law and procedure. This book is intended for the following audience: • Legal Professionals & IP Practitioners • Corporates, Start-ups & Business Owners • Academicians & Researchers • Examination Aspirants The Present Publication is the 2026 Edition, covering the amended and updated text of the Trade Marks Act [Act No. 47 of 1999] and Rules, with the following noteworthy features: • [Bare Act with Explanatory Section Notes] Unaltered statutory text followed by brief notes explaining scope, terminology, and procedural relevance • [Incorporation of Amendments] Updated to include amendments to the Act and Rules as in force • [Pre-Amendment Provisions] Earlier versions of amended provisions are included in footnotes for contextual clarity • [Updated Rules, Notifications & Orders] Incorporates the Trade Marks Rules 2017 and relevant procedural instruments • [Madrid Protocol & International Registration] Covers provisions relating to international registration of trade marks • [User-friendly Organisation] Structured contents, classification tables, and alphabetical indexes for quick navigation • [Ready Reckoner for Practitioners] Subject grouping and indexing designed for efficient statutory reference
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