TRADE MARKS ACT, 2000

Act No. 19 of 2000

26th November 1943

An Act to provide for the Registration and more effective protection of Trade Marks. Whereas it is expedient to provide for the registration and more effective protection of trade marks; It is hereby enacted as follows:-

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S.Chapter I PRELIMINARY

S.1 Short title, extent and commencement

(1) This Act may be called the Trade Marks Act, 2000.

(2) It extends to the whole of Jammu and Kashmir State.

(3) This section and section 85 shall come into force at once; the remaining provisions of the Act shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.

S.2 Definitions

(1) In this Act, unless there is anything repugnant in the subject or context,-

(a) "associated trade marks" means trade marks deemed to be, or required to be registered as, associated trade marks under this Act;
(b) "certification trade mark" means a mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name, as proprietor of the certification trade mark, of that person;
(c) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1977;
(d) "High Court" means the High Court, as defined in section 48 of the Jammu and Kashmir Constitution Act, 1996;
(e) "limitations" (with its grammatical variations) means any limitations of the exclusive right to

S.3 Application of other laws not barred

The provisions of this Act shall be in addition to and not in derogation of, the provisions of any other law for the time being in force.

S.4 The Register of trade marks

(1) For the purposes of this Act there shall be established at the Patent Office a Trade Mark Registry, and a record called the Register of Trade Marks (in this Act referred to as the register) shall be kept thereat wherein shall be entered all registered trade marks with the names, addresses and descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of registered users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as may be prescribed, but there shall not be entered in the register any notice of