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CONTENTS
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Sections
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Particulars
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N
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Preamble |
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N
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N
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Chapter
1
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Preliminary |
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1
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Short
title, Extent and Commencement |
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2
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Definitions
and interpretation |
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N
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N
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Chapter
2
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The
Register and Conditions for Registration |
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3
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Appointment
of Registrar and other officers |
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4
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Power
of Registrar to withdraw or transfer cases, etc. |
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5
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Trade
Marks Registry and offices thereof |
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6
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The
Register of Trade Marks |
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7
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Classification
of goods and services |
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8
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Publication of alphabetical index |
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9
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Absolute grounds for refusal of registration |
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10
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Limitation
as to colour |
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11
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Relative
grounds for refusal of registration |
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12
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Registration
in the case of honest concurrent use, etc. |
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13
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Prohibition
of registration of names of chemical elements or international non-proprietary
names |
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14
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Use
of names and representations of living persons recently dead |
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15
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Registration
of parts of trade marks and of trade marks as series |
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16
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Registration of trade marks as associated trade marks |
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17
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Effect
of registration of parts of a mark |
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N
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N
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Chapter
3
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Procedure
for and Duration of Registration |
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18
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Application
for registration |
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19
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Withdrawal
of acceptance |
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20
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Advertisement
of application |
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21
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Opposition
to registration |
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22
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Correction
and amendment |
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23
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Registration
|
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24
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Jointly
owned trade marks |
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25
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Duration,
renewal, removal and restoration and registration |
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26
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Effect
of removal from register for failure to pay fee for renewal |
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N
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N
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Chapter
4
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Effect
of Registration |
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27
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No
action for infringement of unregistered trade mark |
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28
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Rights
conferred by registration |
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29
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Infringement of registered trade marks |
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30
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Limits on effect of registered trade mark |
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31
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Registration to be prima facie evidence of validity |
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32
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Protection of registration on ground of distinctiveness
in certain cases |
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33
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Effect of acquiescence |
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34
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Saving for vested rights |
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35
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Saving for use of name, address or description of goods
or services |
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36
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Saving for words used as name or description or an article
or substance or service |
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N
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N
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Chapter
5
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Assignment
and Transmission |
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37
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Power of registered proprietor to assign and give receipts |
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38
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Assignability and transmissibility of registered trade
marks |
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39
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Assignability and transmissibility of unregistered trade
marks |
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40
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Restriction on assignment or transmission where multiple
exclusive rights would be created |
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41
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Restriction on aasignment or transmission when exclusive
rights would be created in different parts of India |
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42
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Conditions for assignment otherwise than in connection
with the goodwill of a business |
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43
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Assignability and transmissibility of certification trade
marks |
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44
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Assignability and transmissibility or associated trade
marks |
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45
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Registration of assignment and transmissions |
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N
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N
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Chapter
6
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Use
of Trade Marks and Registered Users |
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46
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Proposed use of trade mark by company to be formed, etc. |
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47
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Removal from register and imposition of limitations on
ground of non-use |
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48
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Registered users |
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49
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Registration as registered user |
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50
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Power to Registrar for variation or cancellation of registration
as registered user |
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51
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Power of Registrar to call for information relating to
agreement in respect of registered users |
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52
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Right of registered user to take proceedings against infringement |
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53
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No right of permitted user to take proceedings against
infringement |
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54
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Registered user not to have right of assignment or transmission |
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55
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Use of one of associated or substantially identical trade
marks equivalent to use of another |
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56
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Use of trade mark for export trade and use when form of
trade connection changes |
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N
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N
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Chapter
7
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Rectification
and Correction of the Register |
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57
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Power to cancel or vary registration and to rectify the
register |
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58
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Correction of register |
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59
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Alteration or registered trade mark |
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60
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Adaptation of entries in register to amended or substituted
classification of goods services |
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N
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N
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Chapter
8
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Collective
Marks |
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61
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Special provisions for collective marks |
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62
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Collective mark not to be misleading as to character or
significance |
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63
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Application to be accompanied by regulations governing
use of collective marks |
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64
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Acceptance of application and regulations by Registrar |
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65
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Regulations
to be open to inspection |
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66
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Amendment of regulations |
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67
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Infringement
proceedings by registered proprietor of collective mark |
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68
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Additional
grounds for removal of registration of collective mark |
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N
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N
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Chapter
9
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Certification
Trade Marks |
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69
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Certain
provisions of this Act not applicable to certification trade marks |
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70
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Registration
of certification trade marks |
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71
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Applications
for registration of certification trade marks |
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72
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Consideration
of application for registration by the Registrar |
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73
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Opposition
to registration of certification trade marks |
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74
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Filing
of regulations governing the use of a certificate trade mark |
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75
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Infringement
of certification trade marks |
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76
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Acts
not constituting infringement of certification trade marks |
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77
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Cancellation
or varying of registration of certification trade mark |
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78
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Rights
conferred by registration of certification trade marks |
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N
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N
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Chapter
10
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Special
Provisions for Textile Goods |
|
79
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Textile
goods |
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80
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Restriction
on registration of textile goods |
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81
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Stamping
of piece goods, cotton yarn and thread |
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82
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Determination
of character of textile goods by sampling |
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N
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N
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Chapter
11
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Appellate
Board |
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83
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Establishment
of Appellate Board |
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84
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Composition
of Appellate Board |
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85
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Qualifications
for appointment as Chairman, Vice-Chairman, or other Members |
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86
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Term
of office of Chairman, Vice-Chairman and other Members |
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87
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Vice-Chairmanor
senior-most Member to act as Chairman or discharge his functions in
certain circumstances |
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88
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Salaries,
allowances and other terms and conditions of service of Chairman,
Vice-Chairman and other Members |
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89
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Resignation
and removal |
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90
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Staff
of Appellate Board |
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91
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Appeals
to Appellate Board |
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92
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Procedure
and powers of Appellate Board |
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93
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Bar
of jurisdiction of courts, etc. |
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94
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Bar
to appear before Appellate Board |
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95
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Conditions
as to making of interim orders |
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96
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Power
of Chairman to transfer cases from one Bench to another |
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97
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Procedure
for application for rectification, etc., before Appellate Board |
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98
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Appearance
of Registrar in legal proceedings |
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99
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Costs
of Registrar in proceedings before Appellate Board |
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100
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Tansfer
of pending proceedings to Appellate Board |
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N
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N
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Chapter
12
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Offences,
Penalties and Procedure |
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101
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Meaning
of applying trade marks and trade descriptions |
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102
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Falsifying
and falsely applying trade marks |
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103
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Penalty
for applying false trade marks, trade descriptions, etc. |
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104
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Penalty
for selling goods or providing services to which false trade mark
or false trade description is applied |
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105
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Enhanced
penalty on second or subsequent conviction |
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106
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Penalty
for removing piece goods, etc., contrary to section 81 |
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107
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Penalty
for falsely representing a trade mark as registered |
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108
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Penalty
for improperly describing a place of business as connected with the
Trade Marks Office |
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109
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Penalty
for falsification of entries in the register |
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110
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No
offence in certain cases |
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111
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Forfeiture
of goods |
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112
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Exemption
of certain persons employed in ordinary course of business |
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113
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Procedure
where invalidity of registration is pleaded by the accused |
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114
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Offences
by companies |
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115
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Cognizance
of certain offences and the powers of police officer for search
and seizure
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116
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Evidence
of origin of goods imported by sea |
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117
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Costs
of defence or prosecution |
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118
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Limitation
of prosecution
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119
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Information
as to commission of offence |
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120
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Punishment
of abetment in India of acts done out of India |
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121
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Instructions
of Central Government as to permissible variation to be observed by
criminal courts |
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N
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N
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Chapter
13
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Miscellaneous |
|
122
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Protection
of action taken in good faith |
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123
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Certain
persons to be public servants |
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124
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Stay
of proceedings where the validity of registration of the trade mark
is questioned, etc. |
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125
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Application
for rectification of register to be made to Appellate Board in certain
cases |
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126
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Implied
warranty on sale of marked goods |
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127
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Powers
of Registrar |
|
128
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Exercise
of discretionary power to Registrar
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129
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Evidence
before Registrar |
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130
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Death
of party to a proceedings |
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131
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Extension
of time |
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132
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Abandonment |
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133
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Preliminary
advice by the Registrar as to distinctiveness |
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134
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Suit
for infringement, etc., to be instituted before district Court |
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135
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Relief
in suits for infringement or for passing off |
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136
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Registered
user to be impleaded in certain proceedings |
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137
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Evidence
of entries in register, etc., and things done by the Registrar |
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138
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Registrar
and other officers not compellable to produce register, etc. |
|
139
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Power
to require goods to show indication of origin |
|
140
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Power
to require information of imported goods bearing false trade marks |
|
141
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Certificate
of validity |
|
142
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Groundless
threats of legal proceedings |
|
143
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Address
for service |
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144
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Trade
usages, etc., to be taken into consideration |
|
145
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Agents |
|
146
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Marks
registered by an agent or representative without authority |
|
147
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Indexes |
|
148
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Documents
open to public inspection |
|
149
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Reports
of Registrar to be placed before Parliament |
|
150
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Fees
and surcharge |
|
151
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Savings
in respect of certain matters in Chapter XII |
|
152
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Declaration
as to ownership of trade mark not registration under the Registration
Act, 1908 |
|
153
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Government
to be bound |
|
154
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Special
provisions relating to applications for registration from citizens
of convention countries |
|
155
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Provision
as to reciprocity |
|
156
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Power
of Central Government to remove difficulties |
|
157
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Power
to make rules |
|
158
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Amendments |
|
159
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Repeal
and Savings |
| N
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N
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Schedules
|
Amendments
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