TM Act 154Chapter XIII · Miscellaneous
Section 154 · Special provisions relating to applications for registration from citizens of convention countries
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(1) In view of the fulfilment of any treaty, convention or arrangement with any country outside India or a country which is a member of a group of countries or union of countries or inter-governmental organisation which grants to citizens of India the same privileges as are granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or inter-governmental organisation to be a convention country, group of countries or union of countries or inter-governmental organisation, as the case may be, for the purposes of this Act. (2) Where a person has applied for the registration of a trade mark in a convention country or a country which is a member of a group of countries or union of countries or inter-governmental organisation and that person, or his legal representative or assignee, applies for registration of the trade mark in India within six months after the date on which the application was made in the convention country or the country which is a member of a group of countries or union of countries or inter-governmental organisation, then, if the trade mark is registered under this Act, it shall be registered on the date on which the application was made in the convention country or the country which is a member of the group of countries or union of countries or inter-governmental organisation and that date shall be deemed to be the date of registration for the purposes of this Act. (3) Where applications for the registration of a trade mark are made in two or more convention countries or in a country which is a member of a group of countries or a union of countries or an inter-governmental organisation, the period of six months specified in the immediately preceding sub-section shall be counted from the date on which the first or earliest of those applications was made.
(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place before the date of the application for registration under this Act.
(4) Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place before the date of the application for registration under this Act.
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