The Trade Marks Act 1940, 5 of 1940, (Rep., Act 43 of 1958) · 111 — .

Section 18. (1) The registration of a trade mark shall be for

Repealed or not in force · As amended up to 2026-08

(4) If the applicant sends such counter-statement, the Registrar shall serve in the prescribed manner a copy thereof on the pefsons giving notice of opposition, and shall, after hearing the parties, if so required, and coneidering the evidence, decide whether, and subject to what conditions or limitations, if any, registration is to `be` permitted. (5) If a person giving notice of oppositiorl or an applicant sending a counter-statement after receipt of a copy of such notice, or an appellant against any order of the Registrar under section 14 or this section, neither reeides nor carries on business in British India, the tribuna.1 may require him to give security for costs of the proceedings before it, and in default of such security being duly given may treat the opposition or application or appeal, as the case may be, as abandoned. `16.` (I) When an application for registrdion of a trade mark has been accepted and either has not been opposed and the time for notice of opposition has expired, or having been opposed, has been decided in favour of the applicant, the Registrar shall, unlesa the application has been accepted in error, or unless the Central Government otherwise directs, register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the making of the said application, .and that date shall, subject to any directions made under section 83 applicable to such trade mark, be deemed for the purposes of this Act to be the date of registration. ( 2 ) On I I I I j i 1 I i 14 - OF 19401 Trade Marks (2) On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the regi~t~ration thcreof sealed with the sesJ `of` thc Patont `Office..` (3) Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application `as` abandoned unless it is completed within the time specified in that behalf in the notice. Jolotly `17'.` (1) Save as provided in sub-section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof. (2) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use i t except- - `(a)` on behalf of both or all of them, or (71) in relation to an article with which both or all of them are connected in the course of trade, those persons may he registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested ip a single person. CHAPTER 111. `14.` (1) Any person claiming to be the proprietor f!$,"&3,"," of a trade mark used or proposed to be used by him who tion. is desirous of registering it shall apply in writing to the Registrar in the prescribed manner, and subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit. (2) In the case of a refusal or conditional ncceptance the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat. (3) The tribunal may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his applioation upon ~ u c h terms as it may think fit. `15.` (1) When an application for registration of a%~J::$fo trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon aa `may` be after acceptance, cause tho application as accepted, together with the conditions and limitations, if any, subject to which it has been accepted, `to` be advertised in the prescribed manner : Provided that the Registrar may cause an application to be advertised before acceptance if it relates to a trade mark to which clause (e) of sub-section (I) of section `6` applies, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do, and where an application has been so advertised the Registrar may, if 'he thinks fit, advertise it again when it has been accepted, but shall notbe bound so to do. (2) Any 13 ' Registration. `[ACT v` Trade Marks (2) Any person may, within the prescribed time from the date of the advertisement of an application, give fiotice in writing in the prescribed manner to the Registrar of opposition to the registration. (3) The Registrar shall serve in the prescribed manner a copy of the notice on the applicant, and within the prescribed time the applicant shall send to the Registrar, in the prescribed manner, a counter-statement of the grounds on which he relies for his application, and, if he does not do so, he shall be deemed to have abandoned his application. 18. (1) The registration of a trade mark shall be for g;2Fopn" a period of seven years, but may be renewed from time reglstrntion. to time in accordance with the provisions of this section. (2) The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of the trade mark for a period of fifteenyears from the date of expiration of the original registration or of the last renewal of registration, as the case may be (which date is in this section referred to as " the expiration of the last registration"). (3) At 15 `[ACT` v Trade Marlcs (3) At the time before the expiration of 4hdrntregistration of a trade nark, the Begistrar shall send notice in the prescribed manner .i;o thwregkbrwL prdprietor of the date of expiration a ~ d the conditions as to payment of fees and otherwise upon which `a,` renewal of registration may be obtained, and if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with the Registrar may remove the trade mark from the register, subject to such conditions (if any) aB to its restoration to the register as may be prescribed.

Source: India Code