Section 4. In respect of textile gooda being piece goods

64. In respect of textile gooda being piece goods- ~ ; tlon of pie00 ~ ~ - (a) no mark consisting of a line heading alone gooaa. shall be registrable as a trade mark ; - (b) a line heading shall not be deemed to be adapted to distinguish ; - (c) the registration of a trade mark shall not give any exclusive right to the use of a line heading ; - (d) the registration of letters or numerals, or any combination thereof, shall be subject to such conditions and restrictions as may be prescribed. 4. (1) For the purposes of this Act there shall be `The` regbter of established at the Patect Office a Trade Mark Registry,[trade ] [marks. ] and a record called the Register of Trade Marks (in t.his Act referred to as the register) shall be kept thereat wherein shall be entered all registered trade marks with the names, addresses an&bscriptions of their propriebra, uotifications of assignments and transmissions, the names, addresses and descriptions of registered ==> picture [21 x 35] intentionally omitted <== ==> picture [5 x 10] intentionally omitted <== f users, Trade Marks `[ACT` v users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as ' may be preucribecl, `bu` l Ihere-shall `not` be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar. L (2) Subject to the superintendence and direction of the Central Government, the register shall be kept under the control and management of the Controller of Patents and Designs, who shall for the purposes of this Act be called the Registrar of Trade Marks and is in this Act referred to as the Registrar. (3) The register shall at all convenient times be open to the inspection of the public, subject to such conditions and restrictions as may be prescribed. R,egletr&tlon to 5, (1) A trade mark may be registered only in res- ~ ~ & ~ pect of particular goods or classes of goods. t o f goode. `(2)` Any question arising as to the class within ~ h i c h any goods fall shall be determined by the Registrar whose decision in the matter shall be final. , DlatinctIvenrn requfeite for 6. (1) A trade mark shall not be registered unless renistratlon. it contains or ooneists of at least one of the following essential particnlars, namely :- (a) the name of n company, individual, Dr firm, represented in a special or particular man. ner ; (b) the signature of the applicant for registration or some predecessor in his business ; (c) one or more invented words ; (d) one or more words having no direct reference to the character or quality of the goods, and not being, according to its ordinary signification, a geographical name or surname or the name of a sect, caate or tribe in India ; (e) any other distinotive mark, provided that a name, signature, or any word, other than such as fall within the descriptions in the above clauses, shall not be registrable except upon evidence of its distinctiveness. `(2)` For - OF `19401` Trade Marks (2) For the purposes of this seotion, the expression " distinctive " means adapted, in relation to the goods in respect of which a trade msrk is proposed to be regstered, to distinguislr goods witb which the proprietor - of the trade mark is or may be connected in the course of trade from goods in the ease of which no such connection subsists, either generally or, where the trade mark is proposed to be registered subjeot to limitations, in relation to use within the extent of the registration. (3) In determining whether a trade mark is adapted to distinguish as aforesaid, the tribunal may have `r6-` gard to the extent to which- - (a) the trade mark is inherently so adapted to distinguish, and - (b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact so adapted to distinguish : Provided that in the case of a trade mark whioh has been continuously used (either by the applicant for registration or by some predecessor in his businese, and either in its original form or witb additions or. alterations not substantially affecting its identity) in relation to the same goods as those in relation to which registration is applied for, during a period from a date prior to the 25th day of E'ebruary, 1937, to the date of application for registration, the Registrar shall not refuse registration by reason only of the fact that the trade mark is not adapted to distinguish as aforesaid, and may accept evidence of acquired distinctiveness as entitling the trade mark to registration.