Repealed or not in force
The Trade Marks Act 1940, 5 of 1940, (Rep., Act 43 of 1958)
45 sections · As amended up to 2026-08
Sections
- V — .
- 2Notwithstanding anything in sections 29 and 30,
- VIII — .
- 4In respect of textile gooda being piece goods
- 5_
- XI — .
- 7_
- VIII — .
- 8_
- VII — .
- 9(1) The Registrar shall not, in exercise of any power conferred on him under clause (a) of sub-secti
- XI — .
- 12(1) Whcre a trade mark whioh is registered,
- 13If a trade mark contains
- 111 — .
- 18(1) The registration of a trade mark shall be for
- 19Effect of removal from register lor failure to pay
- IV — .
- 20(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, t
- 22_
- 23In all legal proceedings relating to a registeredtrade mark, the fact that a person is registered as
- 25Nothing in this Aot shdl entitle the proprietor
- 26NO registration of a trade mark shall interfere
- V — .
- 28The person for the time being entered in the
- 29Notwithstanding anything in any other law
- IV — .
- 30Assignability of u~iregist,ered t,rade marks
- V — .
- 31_
- 32Notwithstanding anything in sections 29 and 30,
- IV — .
- 38Defensive registration of well-known trade marks
- 41Applicalioil lor registration as registered user
- 44Use of one ot associated or suhstantialiy identical tmde marks equivalent to use of another
- VI — .
- 45_
- VII — .
- 48Alterat,ioil of registered trade mark
- 49(1) The Registrar shall not, in exercise of any power conferred on him under clause (a) of sub-secti
- VIII — .
- 50Provisions of this Act applicable to certification trade marks: 51. ~ertification trade mark not to
- 51Section 51
- 53(1)
- 56(1) There shall be deposited at the Patent Office
- 58_
- 59(1) The Central Government may, on the appli
- 64In respect of textile gooda being piece goods
- 65_
- X — . OF USE OF EMBLEMS.
- 68Penalty for falsely represenling a trade mark as registered
- XI — .
- 71In all proceedings under this Act before the
- 72Procedure in certain cases of option to apply to a High Court or the Registrar
- 73No suit for the infringement of a trade mark suit8
- 74Appearance of Registrar in proceedings involving rectioation of register
- 75(1)
- 76(I)
- VIII — .
- 80Costs. not, to be awarded in certniil cases
- XI — .
- 82Crown to be bound
- V — .
- 88Whcrc an assigiunerlt in resiect of any goods of _
- VII — .
- 4648(1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar fo