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In force

The Trade Marks Act, 1999

161 sections · As amended up to 2026-08

Sections

  1. 0Section 0
  2. XII — OFFENCES, PENALTIES AND PROCEDURE
  3. 1Cls. (xxvi), (xxvii) and (xxviii) omitted by Act 40 of 2010, s. 9, (w.e.f. 8-7-2013)
  4. I — PRELIMINARY
  5. 2Definitions and interpretation
  6. II — THE REGISTER AND CONDITIONS FOR REGISTRATION
  7. 3Appointment of Registrar and other officers
  8. 4Power of Registrar to withdraw or transfer cases, etc
  9. 5Trade Marks Registry and offices thereof
  10. 6The Register of Trade Marks
  11. 7Classification of goods and services
  12. 8Publication of alphabetical index
  13. 10Limitation as to colour
  14. 11Relative grounds for refusal of registration
  15. 12Registration in the case of honest concurrent use, etc
  16. 13Prohibition of registration of names of chemical elements or international non-proprietary names
  17. 14Use of names and representations of living persons or persons recently dead
  18. 15Registration of parts of trade marks and of trade marks as a series
  19. 16Registration of trade marks as associated trade marks
  20. 17Effect of registration of parts of a mark
  21. III — PROCEDURE FOR AND DURATION OF REGISTRATION
  22. 18Application for registration
  23. 19Withdrawal of acceptance
  24. 20Advertisement of application
  25. 21Opposition to registration
  26. 22Correction and amendment
  27. 23Registration
  28. 24Jointly owned trade marks
  29. 25Duration, renewal, removal and restoration of registration
  30. 26Effect of removal from register for failure to pay fee for renewal
  31. IV — EFFECT OF REGISTRATION
  32. 27No action for infringement of unregistered trade mark
  33. 28Rights conferred by registration
  34. 29Infringement of registered trade marks
  35. 30Limits on effect of registered trade mark
  36. 31Registration to be
  37. 32Protection of registration on ground of distinctiveness in certain cases
  38. 33Effect of acquiescence
  39. 34Saving for vested rights
  40. 35Saving for use of name, address or description of goods or services
  41. 36Saving for words used as name or description of an article or substance or service
  42. 36AApplication of Act in case of international registration under Madrid Protocol
  43. 36BDefinitions
  44. 36CTrade Marks Registry to deal with international applications
  45. 36DInternational application originating from India
  46. 36EInternational registrations where India has been designated
  47. 36FEffects of international registration
  48. 36GDuration and renewal of international registration
  49. V — ASSIGNMENT AND TRANSMISSION
  50. 37Power of registered proprietor to assign and give receipts
  51. 38Assignability and transmissibility of registered trade marks
  52. 39Assignability and transmissibility of unregistered trade marks
  53. 40Restriction on assignment or transmission where multiple exclusive rights would be created
  54. 41Restriction on assignment or transmission when exclusive rights would be created in different parts
  55. 42Conditions for assignment otherwise than in connection with the goodwill of a business
  56. 43Assignability and transmissibility of certification trade marks
  57. 44Assignability and transmissibility of associated trade marks
  58. VI — USE OF TRADE MARKS AND REGISTERED USERS
  59. 46Proposed use of trade mark by company to be formed, etc
  60. 47Removal from register and imposition of limitations on ground of non-use
  61. 48Registered users
  62. 49Registration as registered user
  63. 50Power of Registrar for variation or cancellation of registration as registered user
  64. 51Power of Registrar to call for information relating to agreement in respect of registered users
  65. 52Right of registered user to take proceedings against infringement
  66. 53No right of permitted user to take proceeding against infringement
  67. 54Registered user not to have right of assignment or transmission
  68. 55Use of one of associated or substantially identical trade marks equivalent to use of another
  69. 56Use of trade mark for export trade and use when form of trade connection changes
  70. VII — RECTIFICATION AND CORRECTION OF THE REGISTER
  71. 57Power to cancel or vary registration and to rectify the register
  72. 58Correction of register
  73. 59Alteration of registered trade marks
  74. 60Adaptation of entries in register to amended or substituted classification of goods or services
  75. VIII — COLLECTIVE MARKS
  76. 61Special provisions for collective marks
  77. 62Collective mark not to be misleading as to character or significance
  78. 63Application to be accompanied by regulations governing use of collective marks
  79. 64Acceptance of application and regulations by Registrar
  80. 65Regulations to be open to inspection
  81. 66Amendment of regulations
  82. 67Infringement proceedings by registered proprietor of collective mark
  83. 68Additional grounds for removal of registration of collective mark
  84. IX — CERTIFICATION TRADE MARKS
  85. 69Certain provisions of this Act not applicable to certification trade marks
  86. 70Registration of certification trade marks
  87. 71Applications for registration of certification trade marks
  88. 72Consideration of application for registration by Registrar
  89. 73Opposition to registration of certification trade marks
  90. 74Filing of regulations governing use of a certification trade mark
  91. 75Infringement of certification trade marks
  92. 76Acts not constituting infringement of certification trade marks
  93. 77Cancellation or varying of registration of certification trade marks
  94. 78Rights conferred by registration of certification trade marks
  95. 79[
  96. 80[
  97. 81[
  98. 82[
  99. 84[
  100. 85[
  101. 86[
  102. 87[
  103. 88[
  104. 89[
  105. 89A[
  106. 90[
  107. 91Appeals to[2] [High Court]
  108. 93[
  109. 96[
  110. 97Procedure for application for rectification, etc., before[1] [High Court]
  111. 98Appearance of Registrar in legal proceedings
  112. 100[
  113. XII — OFFENCES, PENALTIES AND PROCEDURE
  114. 101Meaning of applying trade marks and trade descriptions
  115. 102Falsifying and falsely applying trade marks
  116. 103Penalty for applying false trade marks, trade descriptions, etc
  117. 104Penalty for selling goods or providing services to which false trade mark or false trade description
  118. 105Enhanced penalty on second or subsequent conviction
  119. 107Penalty for falsely representing a trade mark as registered
  120. 108[Penalty for improperly describing a place of business as connected with the Trade Marks Office.]
  121. 109[Penalty for falsification of entries in the register.]
  122. 110No offence in certain cases
  123. 111Forfeiture of goods
  124. 112Exemption of certain persons employed in ordinary course of business
  125. 112AAdjudication of penalties
  126. 112BAppeal
  127. 113Procedure where invalidity of registration is pleaded by the accused
  128. 114Offences by companies
  129. 115Cognizance of certain offences and the powers of police officer for search and seizure
  130. 116Evidence of origin of goods imported by sea
  131. 117Costs of defence or prosecution
  132. 118Limitation of prosecution
  133. 119Information as to commission of offence
  134. 120Punishment of abetment in India of acts done out of India
  135. 121Instructions of Central Government as to permissible variation to be observed by criminal courts
  136. 122Protection of action taken in good faith
  137. 123Certain persons to be public servants
  138. 124Stay of proceedings where the validity of registration of the trade mark is questioned, etc
  139. 125Application for rectification of register to be made to[2] [High Court] in certain cases
  140. 126Implied warranty on sale of marked goods
  141. 127Powers of Registrar
  142. 128Exercise of discretionary power by Registrar
  143. 129Evidence before Registrar
  144. 130Death of party to a proceeding
  145. 131Extension of time
  146. 132Abandonment
  147. 133Preliminary advice by the Registrar as to distinctiveness
  148. 135Relief in suits for infringement or for passing off
  149. 136Registered user to be impleaded in certain proceedings
  150. 137Evidence of entries in register, etc., and things done by the Registrar
  151. 138Registrar and other officers not compellable to produce register, etc
  152. 139Power to require goods to show indication of origin
  153. 140Power to require information of imported goods bearing false trade marks
  154. 141Certificate of validity
  155. 142Groundless threats of legal proceedings
  156. 143Address for service
  157. 144Trade usages, etc., to be taken into consideration
  158. 145Agents
  159. 146Marks registered by an agent or representative without authority
  160. 147Indexes
  161. 148Documents open to public inspection
  162. 149Reports of Registrar to be placed before Parliament
  163. 150Fees and surcharge
  164. 151Savings in respect of certain matters in Chapter XII
  165. 152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
  166. 153Government to be bound
  167. 154Special provisions relating to applications for registration from citizens of convention countries.*
  168. 155Provision as to reciprocity
  169. 156Power of Central Government to remove difficulties
  170. 157Power to make rules
  171. 158Amendments
  172. 159Repeal and savings