TRADE AND MERCHANDISE MARKS ACT, 1958

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S.1 Short title, extent and commencement

S.2 Definitions and interpretation

S.3 High Court having jurisdiction

S.4 Registrar of Trade Marks

S.5 Trade Marks Registry and offices thereof

S.6 The Register of Trade Marks

S.7 Part A and Part B of the register

S.8 Registration to be in respect of particular goods

S.9 Requisites for registration in Parts A and B of the register

S.10 Limitation as to colour

S.11 Prohibition of registration of certain marks

S.12 Prohibition of registration of identical or deceptively similar trade marks

S.13 Prohibition of registration of names of chemical elements

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

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

S.16 Registration of trade marks as associated trade marks

S.17 Registration of trade marks subject to disclaimer

S.18 Application for Registration

S.19 Withdrawal of acceptance

S.20 Advertisement of application

S.21 Opposition to registration

S.22 Correction and amendment

S.23 Registration

S.24 Jointly owned trade marks

S.25 Duration, renewal and restoration of registration

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

S.27 No action for infringement of unregistered trade mark

S.28 Rights conferred by registration

S.29 Infringement of trade marks

S.30 Acts not constituting infringement

S.31 Registration to be prima fade evidence of validity

S.32 Registration to be conclusive as to validity after seven years

S.33 Saving for vested rights

S.34 Saving for use of name, address or description of goods

S.35 Saving for words used as name or description of an article or substance

S.36 Power of registered proprietor to assign and give receipts

S.37 Assign ability and transmissibility of registered trade marks

S.38 Assignability and transmissibility of unregistered trade marks

S.39 Restrictions on assignment or transmission where multiple exclusive rights would be created

S.40 Restrictions on assignment or transmission when exclusive rights would be created in different parts of India

S.41 Conditions for assignment otherwise than in connection with the goodwill of a business

S.42 Assignability and transmissibility of certification trade marks

S.43 Assignability and transmissibility of associated trade marks

S.44 Registration of assignments and transmissions

S.45 Proposed use of trade mark by company to be formed

S.46 Removal from register and imposition of limitations on ground of non-use

S.47 Defensive registration of well-known trade marks

S.48 Registered users

S.49 Application for registration as registered users

S.50 Existing registration of registered users not to have effect after three years

S.51 Power of registered user to take proceedings against infringement

S.52 Power of Registrar to vary or cancel registration as registered user

S.53 Registered user not to have right of assignment or transmission

S.54 Use of one of associated or substantial identical trade marks equivalent to use of another

S.55 Use of trade mark for export trade and use when form of trade connection changes

S.56 Power to cancel or vary registration and to rectify the register

S.57 Correction of register

S.58 Alteration of registered trade marks

S.59 Adaptation of entries in register to amended or substituted classification of goods

S.60 Certain provisions of this Act not applicable to certification trade marks

S.61 Registration of certification trade marks

S.62 Applications for registration of certification trade marks

S.63 Consideration of applications for registration by Central Government

S.64 Opposition to registration of certification trade marks

S.65 Deposit of regulations governing the use of a certification trade mark

S.66 Rights conferred by registration of certification trade marks

S.67 Infringement of certification trade marks

S.68 Acts not constituting infringement of certification trade marks

S.69 Cancellation or varying of registration

S.70 Registrar to give effect to orders of Central Government

S.71 Textile goods

S.72 Restriction on registration of textile goods

S.73 Refused Textile Marks List

S.74 Stamping of piece goods, cotton yarn and thread

S.75 Determination of character of textile goods by sampling

S.76 Meaning of applying trade marks and trade descriptions

S.77 Falsifying and falsely applying trade marks

S.78 Penalty for applying false trade marks, trade descriptions, etc

S.79 Penalty for selling goods to which a false trade mark or false trade description is applied

S.80 Penalty for removing piece goods, etc., contrary to section 74