TRADE MARKS ACT 1976

Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

1 PART I PRELIMINARY-1. Short title, commencement and application.

2 PART I PRELIMINARY-2. Extent of application.

3 PART I PRELIMINARY-3. Interpretation.

4 PART II ADMINISTRATION-4. Registrar, Deputy Registrars and Assistant Registrars.

4A PART II ADMINISTRATION-4A. Protection of officers.

5 PART II ADMINISTRATION-5. Central and regional trade marks offices.

6 PART III THE REGISTER OF TRADE MARKS-6. The Register.

7 PART III THE REGISTER OF TRADE MARKS-7. Notice of trust.

8 PART III THE REGISTER OF TRADE MARKS-8. Inspection of Register.

9 PART III THE REGISTER OF TRADE MARKS-9. False entries in Register.

10 PART IV REGISTRABLE TRADE MARKS-10. Registrable trade marks.

11 PART IV REGISTRABLE TRADE MARKS-11. [Deleted by Act A1078].

12 PART IV REGISTRABLE TRADE MARKS-12. Use by proposed registered user to be considered for the purpose of determining distinctiveness, etc.

13 PART IV REGISTRABLE TRADE MARKS-13. Colour of trade mark.

14 PART IV REGISTRABLE TRADE MARKS-14. Prohibition on registration.

14A PART IV REGISTRABLE TRADE MARKS-14A. Where registration shall not be refused.

15 PART IV REGISTRABLE TRADE MARKS-15. Where registration may be refused.

16 PART IV REGISTRABLE TRADE MARKS-16. Use of name of another person.

17 PART IV REGISTRABLE TRADE MARKS-17. Registration for particular goods or services.

18 PART IV REGISTRABLE TRADE MARKS-18. Disclaimer.

19 PART IV REGISTRABLE TRADE MARKS-19. Identical trade marks.

20 PART IV REGISTRABLE TRADE MARKS-20. Concurrent use.

21 PART IV REGISTRABLE TRADE MARKS-21. Jointly owned trade mark.

22 PART IV REGISTRABLE TRADE MARKS-22. Association of trade marks.

23 PART IV REGISTRABLE TRADE MARKS-23. Assignment of associated trade marks.

24 PART IV REGISTRABLE TRADE MARKS-24. Series of trade marks.

25 PART V APPLICATION FOR REGISTRATION-25. Registration.

26 PART V APPLICATION FOR REGISTRATION-26. Application may be accepted where trade mark is to be used by assignee or registered user.

27 PART V APPLICATION FOR REGISTRATION-27. Advertisement of acceptance of application.

28 PART V APPLICATION FOR REGISTRATION-28. Opposition to registration.

29 PART V APPLICATION FOR REGISTRATION-29. Non-completion of registration.

30 PART VI REGISTRATION AND EFFECT OF REGISTRATION-30. Registration of trade mark.

31 PART VI REGISTRATION AND EFFECT OF REGISTRATION-31. Time for registration.

32 PART VI REGISTRATION AND EFFECT OF REGISTRATION-32. Duration of registration.

33 PART VI REGISTRATION AND EFFECT OF REGISTRATION-33. Words used as name or description of an article, substance or service.

34 PART VI REGISTRATION AND EFFECT OF REGISTRATION-34. Powers of registered proprietor.

35 PART VI REGISTRATION AND EFFECT OF REGISTRATION-35. Rights given by registration.

36 PART VI REGISTRATION AND EFFECT OF REGISTRATION-36. Registration prima facie evidence of validity.

37 PART VI REGISTRATION AND EFFECT OF REGISTRATION-37. Registration conclusive.

38 PART VI REGISTRATION AND EFFECT OF REGISTRATION-38. Infringement of a trade mark.

39 PART VI REGISTRATION AND EFFECT OF REGISTRATION-39. Infringement of trade mark by breach of certain restriction.

40 PART VI REGISTRATION AND EFFECT OF REGISTRATION-40. Acts not constituting infringement.

41 PART VII RENEWAL OF REGISTRATION-41. Renewal of registration.

42 PART VII RENEWAL OF REGISTRATION-42. Status of unrenewed trade mark.

43 PART VIII CORRECTION AND RECTIFICATION OF REGISTER-43. Correction of Register.

44 PART VIII CORRECTION AND RECTIFICATION OF REGISTER-44. Alterations of registered trade mark.

45 PART VIII CORRECTION AND RECTIFICATION OF REGISTER-45. Rectification of the Register.

46 PART VIII CORRECTION AND RECTIFICATION OF REGISTER-46. Provisions as to non-use of trade mark.

47 PART VIII CORRECTION AND RECTIFICATION OF REGISTER-47. Registration of assignment.

48 PART IX REGISTERED USER-48. Registered user.

49 PART IX REGISTERED USER-49. Powers to vary, extend or cancel registration of a registered user.

50 PART IX REGISTERED USER-50. [Deleted by Act A881].

51 PART IX REGISTERED USER-51. Infringement proceeding.

52 PART IX REGISTERED USER-52. Registered user not to assign.

53 PART IX REGISTERED USER-53. [Deleted by Act A881].

54 PART IX REGISTERED USER-54. [Deleted by Act A881].

55 PART X ASSIGNMENT OF TRADE MARKS-55. Assignment and transmission of trade marks.

56 PART XI CERTIFICATION TRADE MARKS-56. Certification trade marks.

57 PART XII DEFENSIVE TRADE MARKS-57. Defensive registration of well known trade marks.

58 PART XII DEFENSIVE TRADE MARKS-58. Defensive trade mark deemed to be associated trade mark.

59 PART XII DEFENSIVE TRADE MARKS-59. Rectification of Register.

60 PART XII DEFENSIVE TRADE MARKS-60. Application of Act.

61 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-61. Certificate of validity.

62 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-62. Hearing of Registrar.

63 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-63. Costs.

64 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-64. Mode of giving evidence.

65 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-65. Sealed copies to be evidence.

66 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-66. Minister may declare documents of foreign state pertaining to trade marks to be admissible.

67 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-67. Discretionary power.

68 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-68. [Deleted by Act A881].

69 PART XIII LEGAL PROCEEDINGS, COST AND EVIDENCE-69. Appeal from Registrar.

70 PART XIV CONVENTIONS AND INTERNATIONAL ARRANGEMENTS-70. Right of priority under Convention, etc.

70A PART XIV CONVENTIONS AND INTERNATIONAL ARRANGEMENTS-70A. Temporary protection of trade marks in respect of goods or services which are the subject matters of international exhibitions.

70B PART XIV CONVENTIONS AND INTERNATIONAL ARRANGEMENTS-70B. Protection of well-known trade marks.

70C PART XIVA BORDER MEASURES-70C. Interpretation.

70D PART XIVA BORDER MEASURES-70D. Restriction on importation of counterfeit trade mark goods.

70E PART XIVA BORDER MEASURES-70E. Security.

70F PART XIVA BORDER MEASURES-70F. Secure storage of seized goods.

70G PART XIVA BORDER MEASURES-70G. Notice.

70H PART XIVA BORDER MEASURES-70H. Inspection, release, etc. , of seized goods.