TRADE MARKS ACT, 1999
CHAPTER I PRELIMINARY
1. Short title, extent and commencement 1
2. Definitions and interpretation 1
CHAPTER II THE REGISTER AND CONDITIONS FOR REGISTRATION
3. Appointment of Registrar and other officers 9
4. Power of Registrar to withdraw or transfer cases, etc. 9
5. Trade marks registry and offices thereof 9
6. The Register of Trade Marks 10
7. Classification of goods and services 10
8. Publication of alphabetical index 10
9. Absolute grounds for refusal of registration 11
10. Limitation as to colour 13
11. Relative grounds for refusal of registration 13
12. Registration in the case of honest concurrent use, etc. 17
13. Prohibition of registration of names of chemical elements or international non-proprietary names 18
14. Use of names and representations of living persons or persons recently
15. Registration of parts of trade marks and of trade marks as a series
16. Registration of trade marks as associated trade marks
17. Effect of registration of parts of a mark
CHAPTER III
18.
CHAPTER IV
CHAPTER IVA
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL
36A. Application of Act in case of international registration under Madrid Protocol 38
36B. Definitions 38
36C. Trade Marks Registry to deal with international applications 39
36D. International application originating from India 39
36E. International registrations where India has been designated 40
36F. Effects of international registration 41
36G. Duration and renewal of international registration 41
CHAPTER V
ASSIGNMENT AND TRANSMISSION
37. Power of registered proprietor to assign and give receipts 41
38. Assignability and transmissibility of registered trade marks 42
39. Assignability and transmissibility of unregistered trade marks 42
40. Restriction on assignment or transmission where multiple exclusive rights would be created 42
41. Restriction on assignment or transmission when exclusive rights would be created in different parts of India 43
42. Conditions for assignment otherwise than in connection with the goodwill of a business 44
43. Assignability and transmissibility of certification trade marks 44
44. Assignability and transmissibility or associated trade marks 45
45. Registration of assignments and transmissions 45
CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
46. Proposed use of trade mark by company to be formed, etc. 47
47. Removal from register and imposition of limitations on ground of non-use 48
48. Registered users 51
49. Registration as registered user 51
50. Power of Registrar for variation or cancellation of registration as registered user 53
51. Power of Registrar to call for information relating to agreement in respect of registered users 54
52. Right of registered user to take proceedings against infringement 54
53. No right of permitted user to take proceeding against infringement 55
54. Registered user not to have right of assignment or transmission 55
55. Use of one of associated or substantially identical trade marks equivalent to use of another 56
56. Use of trade mark for export trade and use when form of trade connection changes 56
CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
57. Power to cancel or vary registration and to rectify the register 57
58. Correction of register 58
59. Alteration of registered trade marks 58
60. Adaptation of entries in register to amended or substituted classification of goods or services 58
CHAPTER VIII
COLLECTIVE MARKS
61. Special provisions for collective marks 59
62. Collective mark not to be misleading as to character or significance 59
63. Application to be accompanied by regulations governing use of collective marks 59
64. Acceptance of application and regulations by Registrar 59
65. Regulations to be open to inspection 59
66. Amendment of regulations 59
67. Infringement proceeding by registered proprietor of collective mark 60
68. Additional grounds for removal of registration of collective mark 60
CHAPTER IX
CERTIFICATION TRADE MARKS
69. Certain provisions of this Act not applicable to certification trade marks 60
70. Registration of certification trade marks 60
71. Applications for registration of certification trade marks 60
72. Consideration of application for registration by the Registrar 61
73. Opposition to registration of certification trade marks 61
74. Filing of regulations governing the use of a certification trade mark 61
75. Infringement of certification trade marks 62
76. Acts not constituting infringement of certification trade marks 62
77. Cancellation or varying of registration of certification trade marks 63
78. Rights conferred by registration of certification trade marks 63
CHAPTER X [***]
79. to 82. [Omitted by the Trade Marks (Amendment) Act, 2010, w.e.f. 8-7-2013] 64
CHAPTER XI APPEALS
83. to 90. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 64
91. Appeals to High Court 64
92. [Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021] 68
93. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 68
94. Bar to appear before Registrar 69
95. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 69
96. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 69
97. Procedure for application for rectification, etc., before High Court 69
98. Appearance of Registrar in legal proceedings 69
99. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 70
100. [Omitted by the Tribunals Reforms Act, 2021, w.e.f. 4-4-2021] 70
CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
101. Meaning of applying trade marks and trade descriptions 70
102. Falsifying and falsely applying trade marks
103. Penalty for applying false trade marks, trade descriptions, etc.
104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied
105. Enhanced penalty on second or subsequent conviction 73
106. Penalty for removing piece goods, etc., contrary to section 81 73
107. Penalty for falsely representing a trade mark as registered 73
108. Penalty for improperly describing a place of business as connected with the trade marks office
109. Penalty for falsification of entries in the register
110. No offence in certain cases
112. Exemption of certain persons employed in ordinary course of
Procedure where invalidity of registration is pleaded by the accused
Offences by companies
Cognizance of certain offences and the powers of police officer for search and seizure
Evidence of origin of goods imported by sea
Costs of defence or prosecution
Limitation of prosecution
119. Information as to commission of offence
120. Punishment of abetment in India of acts done out of India
121. Instructions of Central Government as to permissible variation to be observed by criminal courts
CHAPTER XIII MISCELLANEOUS
122. Protection of action taken in good faith 79
123. Certain persons to be public servants 79
124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc. 79
125. Application for rectification of register to be made to High Court in certain cases 80
126. Implied warranty on sale of marked goods 80
127. Powers of Registrar 81
128. Exercise of discretionary power by Registrar 81
129. Evidence before Registrar 81
130. Death of party to a proceeding 81
131. Extension of time 81
132. Abandonment 82
133. Preliminary advice by the Registrar as to distinctiveness 82
134. Suit for infringement, etc., to be instituted before District Court 83
135. Relief in suits for infringement or for passing off 84
136. Registered user to be impleaded in certain proceedings 85
137. Evidence of entries in register, etc., and things done by the Registrar 86
138. Registrar and other officers not compellable to produce register, etc. 86
139. Power to require goods to show indication of origin 86
140. Power to require information of imported goods bearing false trademarks 87
141. Certificate of validity
142. Groundless threats of legal proceedings
143. Address for service
144. Trade usages, etc., to be taken into consideration 89
145. Agents 89
146. Marks registered by an agent or representative without authority 89
147. Indexes 89
148. Documents open to public inspection 90
149. Reports of Registrar to be placed before Parliament 90
150. Fees and surcharge
151. Savings in respect of certain matters in Chapter XII 90
152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908 91
153. Government to be bound 91
154. Special provisions relating to applications for registration from citizens of convention countries 91
155. Provision as to reciprocity 92
156. Power of Central Government to remove difficulties 92
157. Power to make rules
158.
TRADE MARKS RULES, 2017
1. Short title and commencement
2. De nitions
3. Principal place of business in India
4. Appropriate of ce of the Trade Marks Registry
5. Jurisdiction of appropriate of ce not altered by change in the principal place of business or address for service
6. Entry of the appropriate of ce in the Register
7. Transfer of pending applications and proceedings to appropriate of ces of the Trade Marks Registry
8. Leaving of documents, etc.
9. Issue of notices etc.
10. Fees
11. Forms
12. Size, etc of documents
13. Signing of documents
14. Service of documents
15. Particulars of address etc. of applicants and other persons
16. Statement of principal place of business in India in the application
17. Address for Service
18. Service of Documents by the Registrar
19. Agency
20. Classi cation of goods and service
21. Preliminary advice by Registrar as to distinctiveness
22. Request to Registrar for Search
CHAPTER II
PROCEDURE FOR REGISTRATION OF TRADEMARKS APPLICATION
23. Form and signing of application
24. Application under convention arrangement
25. Statement of user in applications
26. Representation of trademark
27. Series Trademarks
28. Transliteration and translation
29. Names and representations of living persons or persons recently dead
30. Name or description of goods or services on a trademark
31. De ciencies
32. Acknowledgement of the Application
33. Examination, Objection to acceptance, hearing
34. Expedited Processing of Application
35. Notice of withdrawal of application for registration
36. Decision of Registrar
37. Correction and amendment of application
38. Withdrawal of acceptance by the Registrar
39. Manner of Advertisement
40. Noti cation of correction or amendment of application
41. Request to Registrar for particulars of advertisement of a trademark
Opposition to Registration
42. Notice of Opposition
43. Requirements of Notice of Opposition
44. Counter-statement
45. Evidence in support of opposition
46. Evidence in support of application
47. Evidence in reply by opponent
48. Further evidence
49. Translation of documents
50. Hearing and decision
51. Security for costs
Notice of Non-Completion of Registration
52. Procedure for giving notice
Registration
53. Entry in the Register
54. Associated trademarks
55. Death of applicant before registration
56. Certi cate of registration
CHAPTER III
RENEWAL OF REGISTRATION AND RESTORATION
57. Renewal of registration
58. Notice before removal of trademark from register
59. Advertisement of removal of trademark from the register
60. Restoration and renewal of registration
61. Notice and advertisement of renewal and restoration
CHAPTER IV
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADEMARKS THROUGH THE INTERNATIONAL REGISTRATION UNDER MADRID PROTOCOL
62. De nitions
63. Language
64. Issue of notices or communications etc. and response thereto
65. International application in respect of which India is the country of origin
66. Veri cation and Certi cation of international application in respect of which India is the country of origin
67. Handling fee
68. Manner of keeping the record of international registrations where India has been designated
69. Examination of application under section 36E
70. Invalidation of protection
71. Effect of cancellation of international registration
72. Collective and Certi cation Trademarks
73. Replacement of national registration
74.
CHAPTER V
ASSIGNMENT AND TRANSMISSION
75. Application for entry of assignment or transmission
76. Case accompanying application
77. Proof of title
78. Impounding of Instruments
79. Assignments involving transmission of moneys outside India
80. Application for Registrar’s direction as to advertisement of an assignment of a trademark without goodwill of the business
81. Application for entry of assignment without goodwill
82. Separate registration
83. Registrar’s certi cate or approval as to certain assignment and transmissions
84. Entry in register, of particulars of assignment
85. Registration of assignment to a company under section 46
CHAPTER VI
REGISTERED USER
86. Application for registration as registered user
87. Consideration by the Registrar
88. Hearing before refusing an application or to accept it conditionally
89. Entry in the register
90. Registration not to imply authorisation to transmit money outside India
91. Communication of registration as registered user
92. Registered proprietor’s application to vary entry
93. Cancellation of registration of registered user
94. Power of the Registrar to call for information with respect to registered user
95. Procedure on application to vary entry or cancel registration
96. Registered user’s application
CHAPTER VII
RECTIFICATION AND CORRECTION OF REGISTER ALTERATION OR RECTIFICATION OF REGISTER
97. Application to rectify or remove a trademark from the register
98. Further procedure
99. Intervention by third parties
100. Recti cation of the register by the Registrar of his own motion
Alteration or Correction in Register
101. Alteration of address in register
102. Alteration of registered trademark
103. Advertisement before decision and opposition etc.
104. Decision, Advertisement, Noti cation
Re-classi cation of Goods in Respect of Existing Registration
105. Re-classi cation in respect of existing registration
CHAPTER VIII
MISCELLANEOUS
106. Refusal or invalidation of registration of a trademark conicting with a geographical indication
107. Single application under sub-section (2) of section 18
108. Divisional Application
109. Extension of time
110. Exercise of discretionary power of Registrar
111. Communication of decision
112. Amendments and correction of irregularity in procedure
113. Directions not otherwise prescribed
114. Opinion of the Registrar under section 115(4)
115.
121.
124. Determination of Well Known Trademark by Registrar
cate of Validity
127. Certi cate of validity to be noted
130.
131.
135. Removal of collective trademark
136. Rules to apply to certi cation Trademarks
137. Application for registration and proceedings relating thereto
138. Statement of case accompanying application
139. Examination, Hearing, Opposition, Registration, and Renewal
140. Cancellation or variation of registration of certi cation trademark
141. Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certi cation Trademarks
142. Register of Trademarks
143. Registration of existing registered trademarks agents, code of conduct, etc.
144. Quali cations for registration
145.
146.
147. Application for registration as a
148. Procedure on application and qualifying requirements
149. Certi cate of registration
150. Continuance of the name in the register of Trade Marks Agents
151. Removal of agent’s name from the register of Trade Marks agents
152. Power of Registrar to refuse to deal with
153. Restoration of
154. Alteration in the register of Trademarks
155. Publication of the register of
TRADE MARKS (APPLICATIONS
AND APPEALS TO THE INTELLECTUAL PROPERTY APPELLATE BOARD)
RULES, 2003
1. Short title and commencement 180
2. Applications and appeals 180
3. Fees 181 FIRST SCHEDULE 181 SECOND SCHEDULE 186
INTELLECTUAL PROPERTY
APPELLATE BOARD (PROCEDURE) RULES, 2003
1. Short title and commencement 187
2. De nitions 187
3. Form of procedure of application or appeal 188
4. Payment of fee 188
5. Language of the Appellate Board 188
6. Application or appeal to be in writing 188
7. Presentation and scrutiny of application or appeal 189
8. Documents to accompany application or appeal 189
9. Notices of application or appeal to the respondent 189
10. Filing of counter-statement to the application or appeal and other documents by the respondent 189
11. Filing of reply by the applicant or appellant 190
12. Exhibits 190
13. Translation of documents 190
14. Extension of time 190
15. Intervention by third parties 190
16. Date of hearing to be noti ed 191
17. Hearing of application or appeal 191
18. Adjournment of hearing
19. Award of costs by the Appellate Board
20. Order to be signed and dated
21. Communication of orders
22. Publication of the orders 191
23. Review petitions 191
24. Continuation of proceedings after the death of a party, merger, assignment, acquisition or transmission 192
25. Fee for inspection of records and obtaining copies thereof 192
26. Functions of the Deputy Registrar 192
27. Additional functions and duties of the Deputy Registrar 192
28. Dress regulations for the Chairman, Vice-Chairman, Technical Member of the Appellate Board and for the representatives of the parties
29. Seal and emblem
TRADE MARKS (HOLDING INQUIRY AND APPEAL) RULES, 2024
6.
8.
TRADE MARKS (REMOVAL OF DIFFICULTIES) ORDER, 2004
Trade Marks Act, 1999
[47 OF 1999]1
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
BE it enacted by Parliament in the Fiftieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the Trade Marks Act, 1999.
(2) It extends to the whole of India.
(3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint:
Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
Definitions and interpretation.
2. (1) In this Act, unless the context otherwise requires,—
(
(a) 3[***]
b) “assignment” means an assignment in writing by act of the parties concerned;
(
c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(d) 4[***]
1. Dated 30-12-1999.
2. Notification No. S.O. 1048(E), dated 15-9-2003 - In exercise of the powers conferred by sub-section (3) of section 1 of the Trade Marks Act, 1999 (47 of 1999), the Central Government hereby appoints 15th day of September, 2003 as the date on which all the provisions of the said Act shall come into force.
3. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (a) read as under: ‘(a) “Appellate Board” means the Appellate Board established under section 83;’
4. Omitted, ibid. Prior to its omission, clause (d) read as under: ‘(d) “Bench” means a Bench of the Appellate Board;’
(
e) “certification trade mark” means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
(f) 5[***]
(
g) “collective mark” means a trade mark distinguishing the goods or services of members of an association of persons [not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932)] which is the proprietor of the mark from those of others;
(
h) “deceptively similar”.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
(i) “false trade description” means—
(
I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
(II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
(
III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standard yards or standard metres; or
(IV) any marks or arrangement or combination thereof when applied—
(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose merchandise or manufacture they really are;
(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by some person other than the person whose services they really are; or
(V) any false name or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials—
(a) is or are not a trade mark or part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and
5. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (f) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under: ‘(f) “Chairperson” means the Chairperson of the Appellate Board;’
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;
(j) “goods” means anything which is the subject of trade or manufacture;
(k) 6[***]
(
l) “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;
(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
(n) 7[***]
(o) “name” includes any abbreviation of a name;
(p) “notify” means to notify in the Trade Mark Journal published by the Registrar;
(
q) “package” includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(
r) “permitted use”, in relation to a registered trade mark, means the use of trade mark—
(i) by a registered user of the trade mark in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) for which he is registered as registered user; and
(d) which complies with any conditions or limitations to which the registration of registered user is subject; or (ii) by a person other than the registered proprietor and registered user in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
6. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clause (k) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(k) “Judicial Member” means a Member of the Appellate Board appointed as such under this Act, and includes the Chairperson and the Vice-Chairperson;’
7. Omitted, ibid. Prior to its omission, clause (n) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(n) “Member” means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;’
(c) by consent of such registered proprietor in a written agreement; and
(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;
8[(s) “prescribed” means,–
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;]
(
(
t) “register” means the Register of Trade Marks referred to in sub-section (1) of section 6;
u) “registered” (with its grammatical variations) means registered under this Act;
(
v) “registered proprietor”, in relation to a trade mark, means the person for the time being entered in the register as proprietor of the trade mark;
(w) “registered trade mark” means a trade mark which is actually on the register and remaining in force;
(
x) “registered user” means a person who is for the time being registered as such under section 49;
(
(
y) “Registrar” means the Registrar of Trade Marks referred to in section 3;
z) “service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
(za) “trade description” means any description, statement or other indication, direct or indirect,—
(i) as to the number, quantity, measure, gauge or weight of any goods; or
(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or
(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954); or
(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or
8. Substituted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its substitution, clause (s) read as under: ‘(s) “prescribed” means prescribed by rules made under this Act;’
(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactured or services are provided; or
(vi) as to the mode of manufacture or producing any goods or providing services; or
(vii) as to the material of which any goods are composed; or
(viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes—
(a) any description as to the use of any mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;
(b) the description as to any imported goods contained in any bill of entry or shipping bill;
(c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;
(zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and—
(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark;
(zc) “transmission” means transmission by operation of law, devaluation on the personal representative of a deceased person and any other mode of transfer, not being assignment;
(zd) “Technical Member” means a Member who is not a Judicial Member;
(ze) 9[***]
(zf) 9a[***]
9. Omitted by the Tribunals Reforms Act, 2021, w.r.e.f. 4-4-2021. Prior to its omission, clauses (ze) as amended by the Finance Act, 2017, w.e.f. 26-5-2017, read as under:
‘(ze) “tribunal” means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending;’ 9a. Omitted, ibid. Prior to its omission, clause (zf) read as under:
‘(zf) “Vice-Chairperson” means a Vice-Chairperson of the Appellate Board;’
(zg) “well-known trade mark”, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.
(2) In this Act, unless the context otherwise requires, any reference—
(a) to “trade mark” shall include reference to “collective mark” or “certification trade mark”;
(
(
(
(
b) to the use of a mark shall be construed as a reference to the use of printed or other visual representation of the mark;
c) to the use of a mark,—
(
(
i) in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;
ii) in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;
d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;
e) to the Trade Marks Registry shall be construed as including a reference to any office of the Trade Marks Registry.
(3) For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services.
(4) For the purposes of this Act, “existing registered trade mark” means a trade mark registered under the Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of this Act.
COMMENTS
SECTION NOTES
2.1 Mark [Section 2(1)(m)]
“Mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.
2.2 Registered Trade Mark [Section 2(1)(w)]
“Registered trade mark” means a trade mark which is actually on the Register of Trade Marks and the registration remaining in force. Registration of a trade mark is not compulsory/mandatory. S. 2
TRADE MARKS ACT 1999 WITH RULES – BARE ACT WITH SECTION NOTES
AUTHOR : TAXMANN'S EDITORIAL BOARD
PUBLISHER : TAXMANN
DATE OF PUBLICATION : MARCH 2025
EDITION : 2025 EDITION
ISBN NO : 9789364556002
NO. OF PAGES : 224
BINDING TYPE : PAPERBACK
DESCRIPTION
Trade Marks Act 1999 with Rules [Bare Act with Section Notes] by Taxmann is a comprehensive statutory text on India's trade mark law. It consolidates the principal Act, relevant Rules, and subordinate legislation, supplemented by section-wise notes that clarify major provisions. As a bare act, it offers unaltered legislation alongside interpretative notes for quick reference and better understanding. This book is intended for the following audience:
• Legal Professionals and IP Practitioners
• Corporates and Business Owners
• Academicians and Researchers
• Examination Aspirants
The Present Publication is the 2025 Edition, covering the amended and updated text of the Trade Marks Act [Act No. 47 of 1999] and Rules, with the following noteworthy features:
• [Covers the Trade Marks Act 1999 & Rules] Incorporates all amendments and updated procedures
• [Bare Act with Explanatory Section Notes] Presents the unaltered statutory text followed by notes clarifying terminology, cross-references, and compliance steps
• [Pre-amendment Provisions] Lists earlier versions in footnotes for context on prior legal positions and their historical applicability
• [Incorporation of Updated Rules & Orders] Includes the Trade Marks Rules 2017 an relevant notifications essential for daily practice
• [Madrid Protocol & International Registration] Highlights cross-border trademark processes for international protection
• [User-friendly Organisation] Provides detailed contents, alphabetical indexes, and navigational aids for quick reference
• [Ready Reckoner for Practitioners] Features an index and subject-wise grouping to streamline legal research