The Trade Marks Act, 1999

Act No. 47

30-Dec-1999

Section 1 — Short title, extent and commencement

1. Short title, extent and commencement .

(1)This Act may be ca lled the Trade Marks Act, 1999.

(2)It extends to the whole of India.

(3)It shall co me into force on such date1 as the Central Government may, by notification in the Official Gazette, appoin t: 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 comin g into force of that provision.

Section 2 — Definitions a nd interpretation

2. Definitions a nd interpretation .

(1)In this Act, unless th e context otherwise requires, - 2* * * * *

(b)“assignment” means an assignment in writing b y act of t he parties concerned;

(c)“associated trade marks” means trade marks deemed to be, or required to be, registered as associa ted trade marks under this Act; 2* * * * *

(e)“certification trade mark” means a mark capable of distinguishing the goods or s ervices 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 go ods or services not so certified and registrable as such under

Section 1 — 15th September, 2003, vide notification No. S.O. 1048(E), dated 15th September, 2003, see Gazette of India, Extraordinary,

1. 15th September, 2003, vide notification No. S.O. 1048(E), dated 15th September, 2003, see Gazette of India, Extraordinary, Part II, sec. 3( ii).

Section 49

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 b usiness 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, entertain ment, amusement, construction, repair, conveying of news or information and advertising; (za) “trade description” means any description, statement or other indication, direc t or indirect, -

🟡 Yellow = Single meaning

🔵 Blue = Multiple meanings

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