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Section 90

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Chapter IPreliminary

1Short title, extent and commencement
2Definitions and interpretation

Chapter IIThe Register and Conditions for Registration

3Appointment of Registrar and other officers
4Power of Registrar to withdraw or transfer cases, etc
5Trade Marks Registry and offices thereof
6The Register of Trade Marks
7Classification of goods and services
8Publication of alphabetical index
9Absolute grounds for refusal of registration
10Limitation as to colour
11Relative grounds for refusal of registration
12Registration in the case of honest concurrent use, etc
13Prohibition of registration of names of chemical elements or international non-proprietary names
14Use of names and representations of living persons or persons recently dead
15Registration of parts of trade marks and of trade marks as a series
16Registration of trade marks as associated trade marks
17Effect of registration of parts of a mark

Chapter IIIProcedure for and Duration of Registration

18Application for registration
19Withdrawal of acceptance
20Advertisement of application
21Opposition to registration
22Correction and amendment
23Registration
24Jointly owned trade marks
25Duration, renewal, removal and restoration of registration
26Effect of removal from register for failure to pay fee for renewal

Chapter IVEffect of Registration

27No action for infringement of unregistered trade mark
28Rights conferred by registration
29Infringement of registered trade marks
30Limits on effect of registered trade mark
31Registration to be prima facie evidence of validity
32Protection of registration on ground of distinctiveness in certain cases
33Effect of acquiescence
34Saving for vested rights
35Saving for use of name, address or description of goods or services
36Saving for words used as name or description of an article or substance or service

Chapter IVASpecial Provisions Relating to Protection of Trade Marks Through International Registration Under the Madrid Protocol

36AApplication of Act in case of international registration under Madrid Protocol
36BDefinitions
36CTrade Marks Registry to deal with international applications
36DInternational application originating from India
36EInternational registrations where India has been designated
36FEffects of international registration
36GDuration and renewal of international registration

Chapter VAssignment and Transmission

37Power of registered proprietor to assign and give receipts
38Assignability and transmissibility of registered trade marks
39Assignability and transmissibility of unregistered trade marks
40Restriction on assignment or transmission where multiple exclusive rights would be created
41Restriction on assignment or transmission when exclusive rights would be created in different parts of India
42Conditions for assignment otherwise than in connection with the goodwill of a business
43Assignability and transmissibility of certification trade marks
44Assignability and transmissibility of associated trade marks
45Registration of assignments and transmissions

Chapter VIUse of Trade Marks and Registered Users

46Proposed use of trade mark by company to be formed, etc
47Removal from register and imposition of limitations on ground of non-use
48Registered users
49Registration as registered user
50Power of Registrar for variation or cancellation of registration as registered user
51Power of Registrar to call for information relating to agreement in respect of registered users
52Right of registered user to take proceedings against infringement
53No right of permitted user to take proceeding against infringement
54Registered user not to have right of assignment or transmission
55Use of one of associated or substantially identical trade marks equivalent to use of another
56Use of trade mark for export trade and use when form of trade connection changes

Chapter VIIRectification and Correction of the Register

57Power to cancel or vary registration and to rectify the register
58Correction of register
59Alteration of registered trade marks
60Adaptation of entries in register to amended or substituted classification of goods or services

Chapter VIIICollective Marks

61Special provisions for collective marks
62Collective mark not to be misleading as to character or significance
63Application to be accompanied by regulations governing use of collective marks
64Acceptance of application and regulations by Registrar
65Regulations to be open to inspection
66Amendment of regulations
67Infringement proceedings by registered proprietor of collective mark
68Additional grounds for removal of registration of collective mark

Chapter IXCertification Trade Marks

69Certain provisions of this Act not applicable to certification trade marks
70Registration of certification trade marks
71Applications for registration of certification trade marks
72Consideration of application for registration by Registrar
73Opposition to registration of certification trade marks
74Filing of regulations governing use of a certification trade mark
75Infringement of certification trade marks
76Acts not constituting infringement of certification trade marks
77Cancellation or varying of registration of certification trade marks
78Rights conferred by registration of certification trade marks
79[Omitted.]
80[Omitted.]
81[Omitted.]
82[Omitted.]

Chapter XIAppeals

83Establishment of Appellate Board
84Composition of Appellate Board
85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members
86Term of office of Chairperson, Vice-Chairperson and other Members
87Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances
88Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members
89Resignation and removal
89A.Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member
89AQualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member
90Staff of Appellate Board
91Appeals to High Court
92Procedure and powers of Appellate Board
93Bar of jurisdiction of courts, etc
94Bar to appear before Registrar
95Conditions as to making of interim orders
96Power of Chairperson to transfer cases from one Bench to another
97Procedure for application for rectification, etc., before High Court
98Appearance of Registrar in legal proceedings
99Costs of Registrar in proceedings before Appellate Board
100Transfer of pending proceedings to Appellate Board

Chapter XIIOffences, Penalties and Procedure

101Meaning of applying trade marks and trade descriptions
102Falsifying and falsely applying trade marks
103Penalty for applying false trade marks, trade descriptions, etc
104Penalty for selling goods or providing services to which false trade mark or false trade description is applied
105Enhanced penalty on second or subsequent conviction
106Omitted
107Penalty for falsely representing a trade mark as registered
108Omitted
109Omitted
110No offence in certain cases
111Forfeiture of goods
112Exemption of certain persons employed in ordinary course of business
112AAdjudication of penalties
112BAppeal
113Procedure where invalidity of registration is pleaded by the accused
114Offences by companies
115Cognizance of certain offences and the powers of police officer for search and seizure
116Evidence of origin of goods imported by sea
117Costs of defence or prosecution
118Limitation of prosecution
119Information regarding commission of offence
120Punishment for abetment in India of acts done outside India
121Instructions of Central Government regarding permissible variations for compliance by criminal courts

Chapter XIIIMiscellaneous

122Protection of action taken in good faith
123Certain persons to be public servants
124Stay of proceedings where the validity of registration of the trade mark is questioned, etc
125Application for rectification of register to be made to High Court in certain cases
126Implied warranty on sale of marked goods
127Powers of Registrar
128Exercise of discretionary power by Registrar
129Evidence before Registrar
130Death of party to a proceeding
131Extension of time
132Abandonment
133Preliminary advice by the Registrar as to distinctiveness
134Suit for infringement, etc., to be instituted before District Court
135Relief in suits for infringement or for passing off
136Registered user to be impleaded in certain proceedings
137Evidence of entries in register, etc., and things done by the Registrar
138Registrar and other officers not compellable to produce register, etc
139Power to require goods to show indication of origin
140Power to require information of imported goods bearing false trade marks
141Certificate of validity
142Groundless threats of legal proceedings
143Address for service
144Custom of trade to be considered, etc
145Agent
146Mark registered by any agent or representative without authority
147Indexes
148Documents which may be inspected by the public
149Reports of Registrar to be laid before Parliament
150Fees and surcharges
151Saving in respect of certain matters of Chapter 12
152Declaration regarding ownership of trade mark not to be registered under the Registration Act, 1908
153Government to be bound
154Special provisions relating to applications for registration from citizens of convention countries
155Provision for reciprocity
156Power of Central Government to remove difficulties
157Power to make rules
158Amendment
159Repeal and savings

Previous: Section 89A Next: Section 91

TM Act 90Chapter XI · Appeals

Section 90 · Staff of Appellate Board

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Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

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