TRADE MARKS ACT, 1999 [Act No. 47 of Year 1999 dated 30th. December, 1999]

Complete Act | Navigate to Rules | Forms and trademark office Fee Schedule 

CHAPTER I PRELIMINARY

Section 1 . Short title, extent and commencement

Section 2 . Definitions and interpretation

CHAPTER II THE REGISTER AND CONDITIONS FOR REGISTRATION

Section 3 . Appointment of Registrar and other officers

Section 4 . Power of Registrar to withdraw or transfer cases, etc

Section 5 . Trade Marks Registry and offices thereof

Section 6 . The Register of Trade Marks

Section 7 . Classification of goods and services

Section 8 . Publication of alphabetical index

Section 9 . Absolute grounds for refusal of registration

Section 10 . Limitation as to colour

Section 11 . Relative grounds for refusal of registration

Section 12 . Registration in the case of honest concurrent use, etc

Section 13 . Prohibition of registration of names of chemical elements or international non-proprietary names

Section 14 . Use of names and representations of living persons or persons recently dead

Section 15 . Registration of parts of trade marks and of trade marks as a series

Section 16 . Registration of trade marks as associated trade marks

Section 17 . Effect of registration of parts of a mark

CHAPTER III PROCEDURE FOR AND DURATION OF REGISTRATION

Section 18 . Application for registration

Section 19 . Withdrawal of acceptance

Section 20 . Advertisement of application

Section 21 . Opposition to registration

Section 22 . Correction and amendment

Section 23 . Registration

Section 24 . Jointly owned trade marks

Section 25 . Duration, renewal, removal and restoration of registration

Section 26 . Effect of removal from register for failure to pay fee for renewal

CHAPTER IV EFFECT OF REGISTRATION

Section 27 . No action for infringement of unregistered trade mark

Section 28 . Rights conferred by registration

Section 29 . Infringement of registered trade marks

Section 30 . Limits on effect of registered trade mark

Section 31 . Registration to be prima facie evidence of validity

Section 32 . Protection of registration on ground of distinctiveness in certain cases

Section 33 . Effect of acquiescence

Section 34 . Saving for vested rights

Section 35 . Saving for use of name, address or description of goods or services

Section 36 . Saving for words used as name or description of an article or substance or service

CHAPTER IVA SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL

Section 36A. Application of Act in case of international registration under Madrid Protocol.

Section 36B. Definitions.

Section 36C. Trade Marks Registry to deal with international applications.

Section 36D. International application originating from India.

Section 36E. International registrations where India has been designated.

Section 36F. Effects of international registration.

Section 36G. Duration and renewal of international registration.

CHAPTER V ASSIGNMENT AND TRANSMISSION

Section 37 . Power of registered proprietor to assign and give receipts

Section 38 . Assignability and transmissibility of registered trade marks

Section 39 . Assignability and transmissibility of unregistered trade marks

Section 40 . Restriction on assignment or transmission where multiple exclusive rights would be created

Section 41 . Restriction on assignment or transmission when exclusive rights would be created in different parts of India

Section 42 . Conditions for assignment otherwise than in connection with the goodwill of a business

Section 43 . Assignability and transmissibility of certification trade marks

Section 44 . Assignability and transmissibility or associated trade marks

Section 45 . Registration of assignments and transmissions

CHAPTER VI USE OF TRADE MARKS AND REGISTERED USERS

Section 46 . Proposed use of trade mark by company to be formed, etc

Section 47 . Removal from register and imposition of limitations on ground of non-use

Section 48 . Registered users

Section 49 . Registration as registered user

Section 50 . Power of Registrar for variation or cancellation of registration as registered user

Section 51 . Power of Registrar to call for information relating to agreement in respect of registered users

Section 52 . Right of registered user to take proceedings against infringement

Section 53 . No right of permitted user to take proceeding against infringement

Section 54 . Registered user not to have right of assignment or transmission

Section 55 . Use of one of associated or substantially identical trade marks equivalent to use of another

Section 56 . Use of trade mark for export trade and use when form of trade connection changes

CHAPTER VII RECTIFICATION AND CORRECTION OF THE REGISTER

Section 57 . Power to cancel or vary registration and to rectify the register

Section 58 . Correction of register

Section 59 . Alteration of registered trade marks

Section 60 . Adaptation of entries in register to amended or substituted classification of goods or services

CHAPTER VIII COLLECTIVE MARKS

Section 61 . Special provisions for collective marks

Section 62 . Collective mark not to be misleading as to character or significance

Section 63 . Application to be accompanied by regulations governing use of collective marks

Section 64 . Acceptance of application and regulations by Registrar

Section 65 . Regulations to be open to inspection

Section 66 . Amendment of regulations

Section 67 . Infringement proceedings by registered proprietor of collective mark

Section 68 . Additional grounds for removal of registration of collective mark

CHAPTER IX CERTIFICATION TRADE MARKS

Section 69 . Certain provisions of this Act not applicable to certification trade marks

Section 70 . Registration of certification trade marks

Section 71 . Applications for registration of certification trade marks

Section 72 . Consideration of application for registration by the Registrar

Section 73 . Opposition to registration of certification trade marks

Section 74 . Filing of regulations governing the use of a certification trade mark

Section 75 . Infringement of certification trade marks

Section 76 . Acts not constituting infringement of certification trade marks

Section  77 . Cancellation or varying of registration of certification trade marks

Section 78 . Rights conferred by registration of certification trade marks

CHAPTER X. —SPECIAL PROVISIONS FOR TEXTILE GOODS. [Omitted]

Section 79 . [Omitted]

Section 80 . [Omitted]

Section 81 . [Omitted]

Section 82 . [Omitted]

CHAPTER XI APPEALS

Section 83 . [Omitted]

Section 84 . [Omitted]

Section 85 . [Omitted]

Section 86 . [Omitted]

Section 87 . [Omitted]

Section 88 . [Omitted]

Section 89 . [Omitted]

Section 89A. [Omitted]

Section 90 . [Omitted]

Section 91 . Appeals to High Court

Section 92 . [Omitted]

Section 93 . [Omitted]

Section 94 . Bar to appear before Registrar

Section 95 . [Omitted]

Section 96 . [Omitted]

Section 97 . Procedure for application for rectification, etc ., before High Court

Section 98 . Appearance of Registrar in legal proceedings

Section 99 . [Omitted]

Section 100 . [Omitted]

CHAPTER XII OFFENCES, PENALTIES AND PROCEDURE

Section 101 . Meaning of applying trade marks and trade descriptions

Section 102 . Falsifying and falsely applying trade marks

Section 103 . Penalty for applying false trade marks, trade descriptions, etc

Section 104 . Penalty for selling goods or providing services to which false trade mark or false trade description is applied

Section 105 . Enhanced penalty on second or subsequent conviction

Section 106 . Penalty for removing piece goods, etc ., contrary to section 81

Section 107 . Penalty for falsely representing a trade mark as registered

Section 108 . Penalty for improperly describing a place of business as connected with the Trade Marks Office

Section 109 . Penalty for falsification of entries in the register

Section 110 . No offence in certain cases

Section 111 . Forfeiture of goods

Section 112 . Exemption of certain persons employed in ordinary course of business

Section 113 . Procedure where invalidity of registration is pleaded by the accused

Section 114 . Offences by companies

Section 115 . Cognizance of certain offences and the powers of police officer for search and seizure

Section 116 . Evidence of origin of goods imported by sea

Section 117 . Costs of defence or prosecution

Section 118 . Limitation of prosecution

Section 119 . Information as to commission of offence

Section 120 . Punishment of abetment in India of acts done out of India

Section 121 . Instructions of Central Government as to permissible variation to be observed by criminal courts

CHAPTER XIII MISCELLANEOUS

Section 122 . Protection of action taken in good faith

Section 123 . Certain persons to be public servants

Section 124 . Stay of proceedings where the validity of registration of the trade mark is questioned, etc

Section 125 . Application for rectification of register to be made to Appellate Board in certain cases

Section 126 . Implied warranty on sale of marked goods

Section 127 . Powers of Registrar

Section  128 . Exercise of discretionary power by Registrar

Section 129 . Evidence before Registrar?

Section 130 . Death of party to a proceeding

Section 131 . Extension of time

Section 132 . Abandonment

Section 133 . Preliminary advice by the Registrar as to distinctiveness

Section 134 . Suit for infringement, etc ., to be instituted before District Court

Section 135 . Relief in suits for infringement or for passing off

Section 136 . Registered user to be impleaded in certain proceedings

Section 137 . Evidence of entries in register, etc ., and things done by the Registrar

Section 138 . Registrar and other officers not compellable to produce register, etc

Section 139 . Power to require goods to show indication of origin

Section 140 . Power to require information of imported goods bearing false trade marks

Section 141 . Certificate of validity

Section 142 . Groundless threats of legal proceedings

Section 143 . Address for service

Section 144 . Trade usages, etc ., to be taken into consideration

Section 145 . Agents

Section 146 . Marks registered by an agent or representative without authority

Section 147 . Indexes

Section 148 . Documents open to public inspection

Section 149 . Reports of Registrar to be placed before Parliament

Section 150 . Fees and surcharge

Section 151 . Savings in respect of certain matters in Chapter XII

Section 152.   Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.– 

Section 153 . Government to be bound

Section 154 . Special provisions relating to applications for registration from citizens of convention countries

Section 155 . Provision as to reciprocity

Section  156 . Power of Central Government to remove difficulties

Section 157 . Power to make rules

Section 158 . Amendments

Section 159 . Repeal and saving

Trademark Rules 2017

Complete Rules | Navigate to Act | Forms and Patent office Fee Schedule

PART I

CHAPTER I PRELIMINARY 

Rule 1. Short title and commencement

Rule 2. Definitions

Rule 3. Principal place of business in India

Rule  4. Appropriate office of the Trade Marks Registry

Rule 5. Jurisdiction of appropriate office not altered by change in the principal place of business or address for service

Rule 6. Entry of the appropriate office in the Register

Rule 7. Transfer of pending applications and proceedings to appropriate offices of the Trade Marks Registry

Rule 8. Leaving of documents, etc

Rule 9. Issue of notices etc

Rule 10. Fees

Rule 11. Forms

Rule 12. Size, etc of documents

Rule 13. Signing of documents

Rule 14. Service of documents

Rule 15. Particulars of address etc

Rule 16. Statement of principal place of business in India in the application

Rule 17. Address for service

Rule 18. Service of Documents by the Registrar

Rule 19. Agency

Rule 20. Classification of goods and service

Rule 21. Preliminary advice by Registrar as to distinctiveness

Rule 22. Request to Registrar for Search

CHAPTER II PROCEDURE FOR REGISTRATION OF TRADE MARKS APPLICATION

Rule 23. Form and signing of application

Rule 24. Application under convention arrangement

Rule 25. Statement of user in applications

Rule 26. Representation of trademark

Rule 27. Series Trademarks

Rule 28. Transliteration and translation

Rule 29. Names and representations of living persons or persons recently dead

Rule 30. Name or description of goods or services on a trademark

Rule 31. Deficiencies

Rule 32. Acknowledgement of the Application

Rule 33. Examination, Objection to acceptance, hearing

Rule 34. Expedited Processing of Application

Rule 35. Notice of withdrawal of application for registration

Rule 36. Decision of Registrar

Rule 37. Correction and amendment of application

Rule 38. Withdrawal of acceptance by the Registrar

Advertisment Of Application

Rule 39. Manner of Advertisement

Rule 40. Notification of correction or amendment of application

Rule 41. Request to Registrar for particulars of advertisement of a trademark

Opposition To Registration

Rule 42. Notice of Opposition

Rule 43. Requirements of Notice of Opposition

Rule 44. Counterstatement

Rule 45. Evidence in support of opposition

Rule 46. Evidence in support of application

Rule 47. Evidence in reply by opponent

Rule 48. Further evidence

Rule 49. Translation of documents

Rule 50. Hearing and decision

Rule 51. Security for costs

Notice For Non-Completion Of Registration

Rule 52. Procedure for giving notice

Registration

Rule 53. Entry in the Register

Rule 54. Associated trademarks

Rule 55. Death of applicant before registration

Rule 56. Certificate of registration

CHAPTER III RENEWAL OF REGISTRATION AND RESTORATION​

Rule 57. Renewal of registration

Rule 58. Notice before removal of trademark from register

Rule 59. Advertisement of removal of trademark from the register

Rule 60. Restoration and renewal of registration

Rule 61. Notice and advertisement of renewal and restoration

CHAPTER IV Special Provisions relating to Protection of trademarks through the International Registration under Madrid Protocol ​

Rule 62. Definitions

Rule 63. Language

Rule 64. Issue of notices or communications etc

Rule 65. International application in respect of which India is the country of origin

Rule 66. Verification and Certification of international application in respect of which India is the country of origin

Rule 67. Handling fee

Rule 68. Manner of keeping the record of international registrations where India has been designated

Rule 69. Examination of application under section 36E

Rule 70. Invalidation of protection

Rule 71. Effect of cancellation of international registration

Rule 72. Collective and Certification Trademarks

Rule 73. Replacement of national registration

Rule 74. Subject to provisions of the Act, the provisions of the Madrid Protocol, Common Regulations and Administrative Instructions shall apply in relation to international applications originating from India and international registrations where India has been designated

CHAPTER V ASSIGNMENT AND TRANSMISSION

Rule 75. Application for entry of assignment or transmission

Rule 76. Case accompanying application

Rule 77. Proof of title

Rule 78. Impounding of Instruments

Rule 79. Assignments involving transmission of moneys outside India

Rule 80. Application for Registrar's direction as to advertisement of an assignment of a trademark without goodwill of the business

Rule 81. Application for entry of assignment without goodwill

Rule 82. Separate registration

Rule 83. Registrar's certificate or approval as to certain assignment and transmissions

Rule 84. Entry in register, of particulars of assignment

Rule 85. Registration of assignment to a company under section 46

CHAPTER VI REGISTERED USER ​

Rule 86. Application for registration as registered user

Rule 87. Consideration by the Registrar

Rule 88. Hearing before refusing an application or to accept it conditionally

Rule 89. Entry in the register

Rule 90. Registration not to imply authorisation to transmit money outside India

Rule 91. Communication of registration as registered user

Rule 92. Registered proprietor's application to vary entry

Rule 93. Cancellation of registration of registered user

Rule 94. Power of the Registrar to call for information with respect to registered user

Rule 95. Procedure on application to vary entry or cancel registration

Rule 96. Registered user's application

CHAPTER VII RECTIFICATION AND CORRECTION OF REGISTER ALTERATION AND RECTIFICATION OF REGISTER ​

Rule 97. Application to rectify or remove a trademark from the register

Rule 98. Further procedure

Rule 99. Intervention by third parties

Rule 100. Rectification of the register by the Registrar of his own motion

Alteration or Correction in Register​

Rule 101. Alteration of address in register

Rule 102. Alteration of registered trademark

Rule 103. Advertisement before decision and opposition etc

Rule 104. Decision, Advertisement, Notification

Re-classification of goods in respect of existing registration​

Rule 105. Re-classification in respect of existing registration

CHAPTER VIII MISCELLANEOUS​

Rule 106. Refusal or invalidation of registration of a trademark conflicting with a geographical indication

Rule 107. Single application under sub-section (2) of section 18

Rule 108. Divisional Application

Rule 109. Extension of time

Rule 110. Exercise of discretionary power of Registrar

Rule 111. Communication of decision

Rule 112. Amendments and correction of irregularity in procedure

Rule 113. Directions not otherwise prescribed

Rule 114. Opinion of the Registrar under section 115(4)

Hearings

Rule 115. Hearings

Awards of Costs by Registrar

Rule 116. Costs in uncontested cases

Rule 117. Exception to rule 116

Rule 118. Scale of costs

Review of Decisions of the Registrar​

Rule 119. Application for review of Registrar's decision

Affidavit​

Rule 120. Form, etc; of Affidavits

Inspection of documents by Public​

Rule 121. Inspection of documents

Certificates​

Rule 122. Certified copies of documents

Rule 123. Power of Registrar to notify International Non-proprietary names

Wellknown Trademarks

Rule 124. Determination of Well Known Trademark by Registrar

Rule 125. Time for appeal

Rule 126. Service to the Registrar

Certificate of Validity ​

Rule 127. Certificate of validity to be noted

Return of exhibits and Destruction of records​

Rule 128. Return of exhibits

Rule 129. Destruction of records

PART II SPECIAL PROVISIONS FOR COLLECTIVE TRADEMARKS ​

Rule 130. Rules to apply to collective trademarks

Rule 131. Application for registration and proceedings relating thereto

Rule 132. Case accompanying application

Rule 133. Examination, Hearing, Opposition, Registration, and Renewal

Rule 134. Amendment of regulations relating to collective trademarks and renewal

Rule 135. Removal of collective trademark

PART III SPECIAL PROVISION FOR CERTIFICATION TRADEMARK ​

Rule 136. Rules to apply to certification Trademarks

Rule 137. Application for registration and proceedings relating thereto

Rule 138. Statement of case accompanying application

Rule 139. Examination, Hearing, Opposition, Registration, and Renewal

Rule 140. Cancellation or variation of registration of certification trademark

Rule 141. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks

PART IV REGISTRATION OF TRADEMARKS AGENTS

Rule 142. Register of Trademarks Agents

Rule 143. Registration of existing registered trademarks agents, code of conduct, etc

Rule 144. Qualifications for registration

Rule 145. Persons debarred from registration

Rule 146. Manner of making application

Rule 147. Application for registration as a trademarks agent

Rule 148. Procedure on application and qualifying requirements

Rule 149. Certificate of registration

Rule 150. Continuance of the name in the register of Trade Marks Agents

Rule 151. Removal of agent's name from the register of Trade Marks agents

Rule 152. Power of Registrar to refuse to deal with certain agents

Rule 153. Restoration of removed names

Rule 154. Alteration in the register of Trademarks Agents

Rule 155. Publication of the register of trademarks agents

Rule 156. Appeal

PART V LANGUAGE OF THE TRADEMARKS REGISTRY ​

Rule 157. Language of the Trade Marks Registry

Rule 158. Repeal