Chapter - 1 PRELIMINARY, THE TRADE MARKS ACT, 1999
THE TRADE MARKS ACT, 1999
ACT NO. 47 OF 1999
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
CHAPTER I – PRELIMINARY
1. Short title, extent and commencement.—
(1) This Act may be called the Trade Marks Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions and interpretation.—(1) In this Act, unless the context otherwise requires,—
(a) “Appellate Board” means the Appellate Board established under section 83;
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(d) “Bench” means a Bench of the Appellate Board;
(e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
(f) 2 [“Chairperson”] means the 2 [Chairperson] of the Appellate Board;
(g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) (9 of 1932) which is the proprietor of the mark from those of others;
(h) “deceptively similar”.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) “false trade description” means— (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
1. Short title, extent and commencement.—
(1) This Act may be called the Trade Marks Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
2. Definitions and interpretation.— (1) In this Act, unless the context otherwise requires,—
(a) “Appellate Board” means the Appellate Board established under section 83;
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(d) “Bench” means a Bench of the Appellate Board;
(e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
(f) 2 [“Chairperson”] means the 2 [Chairperson] of the Appellate Board;
(g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) (9 of 1932) which is the proprietor of the mark from those of others;
(h) “deceptively similar”.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) “false trade description” means— (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
