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Trade &
Merchandise Marks Act 1958
NO.43
OF 1958
[17th October, 1958]
An Act to provide for the registration and better protection of
trade marks and for the prevention of the use of fraudulent marks on
merchandise.
BE it enacted by Parliament in the Ninth Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
1.Short title, extent and commencement.- (1) This Act may be called
the Trade and Merchandise Marks Act, 1958.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.Definitions and interpretation.- (1) In this Act, unless the
context otherwise requires,-
(a) "assignment" means an assignment in writing by act of
the parties concerned;
(b) "associated trade Marks" means trade marks deemed to
be, or required to be, registered as associated trade marks under
this Act;
(c) "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
certification trade mark, of that person;
(d) "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;
(e) "District Court" has the meaning assigned to it in the
Code of Civil Procedure, 1908 (5 of 1908);
(f) "false trade description" means-
(i) a trade description which is untrue or misleading in a material
respect as regards the goods to which it is applied; or
(ii) any alteration of a trade description as regards the goods t
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 applied to
goods in such manner as to be likely to lead person to believe that
the goods are the manufacture or merchandise of some person other
than the person whose merchandise or manufacture they really are; or
(v) any false name or initials of a person applied to goods 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
of the same description and who has not authorised the use of such
name or initials; and
(c) is or are either the name or initials of a fictions person or of
some person not bona fide carrying on business in connection with
such goods;
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;
(g) "goods" means anything which is the subject of trade
or manufacture;
(h) "High Court" means the High Court having jurisdiction
under section 3;
(i) "limitations" (with its grammatical variations) means
any limitations 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 of use, as to use in
relation to goods to be sold or otherwise traded in within India, or
as to use in relation to goods to be exported to any market outside
India;
(j) "mark" includes a device, brand, heading, label,
ticket, name, signature , word letter or numeral or any combination
thereof;
(k) "name" includes any abbreviation of a name;
(l) "package" includes any case, box, container, covering,
folder, receptacle, vessel, casket, bottle, wrapper, label, band,
ticket, reel, frame, capsule, cap, lid, stopper and cork;
(m) "permitted use", in relation to a registered trade
mark, means the use of a trade mark-
(i) by a registered user of the trade mark in relation to goods-
(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
(ii) which complies with any conditions or restrictions to which the
registration of the trade mark is subject;
(n) "prescribed" means, in relation to proceedings before
a High Court, prescribed by rules made by the High Court, and in
other cases, prescribed by rules made under this Act;
(o) "register:" means the Register of Trade Marks referred
to in section 6;
(p) "registered" (with its grammatical variations) means
registered under this Act;
(q) "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;
(r) "registered trade mark" means a trade mark which is
actually on the register;
(s) "registered user" means a person who is for the time
being registered as such under section 49;
(t) "Registrar" means the Registrar of Trade Marks
referred to in section 4;
(u) "trade description" means any description, statement
or other indication, direct or indirect,-
(i) as t the number, quantity, measure, gauge of weight of any
goods; or
(ii) as to the standard of quality of any goods, according to a
classification commonly used or recognised in the trade;
(iii) as to fitness for the purpose, strength, performance or
behaviour of any goods, being "drug" as defined in the
Drugs 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 r the time at which any
goods were made or produced; or
(v) as to the name and address or other indication of the identity
of the manufacturer or of the person for whom the goods are
manufactured; or
(vi) as to the mode of manufacture or producing any goods; 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 a bill f
entry or shipping bill;
(c) any other description which is likely to be misunderstood or
mistaken for all or any of the said matters;
(v) "trade mark" means-
(i) in relation to Chapter X (other than section 81), a registered
trade mark or a mark used in relation to goods for the purpose of
indicating or so as to indicate a connection in the course of trade
between the goods and some person having the right as proprietor to
use the mark; and
(ii) in relation to the other provisions of this Act, a mark used or
proposed to be used in relation to goods for the purpose of
indicating or so as to indicate a connection in course of trade
between the goods and some person having the right, either as
proprietor or as registered user, to use the mark whether with or
without any indication of the identity of that person, and includes
a certification trade mark registered as such under the provisions
of Chapter VIII;
(w) "transmission" means transmission by operation of law,
devolution on the personal representative of a deceased person and
any other mode of transfer, not being assignment;
(x) "tribunal" means the Registrar or, as the case may be,
the High Court, before which the proceeding concerned is pending.
(2) In this Act, unless the context otherwise requires, any
reference-
(a) to the use of a mark shall be construed as a reference to the
use of a printed or other visual representation f the mark;
(b) to the use of a mark 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;
(c) to a registered trade mark shall be construed as including a
reference to a trade mark registered in Part A of the register or
Part B of the register, as the case may be:
(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 4;
(e) to the Trade Marks Registry shall be construed as including a
reference to any office of the Trade Marks Registry.
3.High Court having jurisdiction.- The High Court having
jurisdiction under this Act shall be the High Curt within the limits
of whose appellate jurisdiction the office of the Trade Marks
Registry referred to in each of the following cases is situate,
namely:-
(a) in relation to a trade mark on the Register of Trade Marks at
the commencement of this Act, the office of the Trade Marks Registry
within whose territorial limits the principal place of business in
India of the proprietor of the trade mark as entered in the register
at such commencement is situate;
(b) in relation to a trademark for which an application for
registration is pending at or is made on or after the commencement
of this Act, the office of the Trade Marks Registry within whose
territorial limits the principal place of business in India of the
applicant as disclosed in his application is situate;
(c) in relation to a trade mark registered in the names of joint
proprietors before the commencement of this Act, the office of the
Trade Marks Registry within whose territorial limits the principal
place of business in India of the proprietor whose name is entered
first in the register at such commencement as having such place of
business is situate;
(d) in relation to a trade mark for which an application for
registration in the names of joint proprietors is pending at or is
made on or after the commencement of this Act, the office of the
Trade Marks Registry within whose territorial limits the principal
place of business in India of the proprietor whose name is first
mentioned in the said application as having such place of business
is situate;
(e) where the registered proprietor or the applicant for
registration as aforesaid has no place of business in India or where
none of the jointly registered proprietors or none of the joint
applicants as aforesaid has any place of business in India, the
office of the Trade Marks Registry within whose territorial limits-
(i) in relation to a trade mark on the Register of Trade Marks at
the commencement of this Act, the place mentioned in the address for
service in India as entered in the register at such commencement;
(ii) in relation to a trade mark for which an application for
registration is pending at or is made on or after such commencement,
the place mentioned in the address for service in India as specified
in the application; is situate.
CHAPTER II
THE REGISTRAR AND CONDITIONS FOR REGISTRATION
4.Registrar of Trade Marks.- (1) The Central Government may, by
notification in the Official Gazette, appoint a person to be known
as the Controller-General of Patents, Designs and Trade Marks, who
shall be the Registrar for the purposes of this Act and the
Controller of Patents and Designs for the purposes of the Indian
Patents and Designs Act, 1911 (2 of 1911).
(2) The Central Government may appoint such other officers with such
designations as it thinks fit for the purpose of discharging, under
the superintendent and direction of the Registrar, such functions of
the Registrar under this Act as he may from time to time authorise
them to discharge.
5.Trade Marks Registry and offices thereof.- (1) For the purpose of
this Act there shall be established a Registry which shall be known
as the Trade Marks Registry.
(2) The head office of the Trade Marks Registry shall be at such
place as the Central Government may specify, and for the purpose of
facilitating the registration of trade marks, there may be
established at such places as the Central Government may think fit
branch offices of the Trade Marks Registry.
(3) The Central Government may, by notification in the Official
Gazette, define the territorial limits within which an office of the
Trade Marks Registry may exercise its functions.
(4) There shall be a seal of the Trade Marks Registry.
6.The Register of Trade Marks.- (1) For the purposes of this Act, a
record called the Register of Trade Marks shall be kept at the head
office of the Trade Marks Registry, wherein shall be entered all
registered trade marks with the names, addresses and descriptions of
the proprietors, notifications of assignments and transmissions, the
names, addresses and descriptions of registered users, disclaimers,
conditions, limitations and such other matters relating to
registered trademarks as may be prescribed.
(2) No notice of any trust, express or implied or constructive,
shall be entered in the register and no such notice shall be
receivable by the Registrar.
(3) Subject to the superintendent and direction of the Central
Government, the register shall be kept under the control and
management of the Registrar.
(4) There shall be kept at each branch office of the Trade Marks
Registry a copy of the register and such of the other documents
mentioned in section 125 as the Central Government may, by
notification in he Official Gazette, direct.
7.Part A and Part B of the register.- (1) The register referred to
in section 6 shall be divided into two Parts called respectively
Part A and Part B.
(2) The Register of Trade Marks existing at the commencement of this
Act shall be incorporated with and form part of Part A of the
register, and this Part shall comprise all trade marks entered in
the Register of Trade Marks existing at the commencement of this Act
and all trade marks which after such commencement may be entered in
Part A of the register.
(3) Part B of the register shall comprise all trade marks which
after the commencement of this Act may be entered in Part B of the
register.
8.Registration to be in respect of particular goods.- (1) A trade
mark may be registered in respect of any or all of the goods
comprised in a prescribed class of goods.
(2) Any question arising as to the class within which any goods fall
shall be determined by the Registrar whose decision in the matter
shall be final.
9.Requisites for registration in Parts A and B of the register.- (1)
A trade mark shall not be registered in Part A of the register
unless it contains or consists of at least one of the following
essential particulars, namely:-
(a) the name of a company, individual or firm represented in a
special or particular manner;
(b) the signature of the applicant for registration or some
predecessor in his business;
(c) one or more invented words;
(d) one or more words having no direct reference to the character or
quality of the goods and not being, according to its ordinary
signification, a geographical name or a surname or a personal name
or any common abbreviation thereof or the name of a sect, caste or
tribe in India;
(e) any other distinctive mark.
(2) A name, signature or word, other than such as fall within the
descriptions in clauses (a), (b), (c) and (d) of sub-section (1)
shall not be registrable in Part A of the register except upon
evidence of its distinctiveness.
(3) For the purposes of this Act, the expression
"distinctive" in relation to the goods in respect of which
a trade mark is proposed to be registered, means adapted to
distinguish goods with which the proprietor of the trade mark is or
may be connected in the course of trade from goods in the case of
which no such connection subsists either generally or, where the
trade mark is proposed to be registered subject t limitations, in
relation to sue within the extent of the registration.
(4) A trade mark shall not be registered in Part B of the register
unless the trade mark in relation to the goods in respect of which
it is proposed to be registered is distinctive, or is not
distinctive but is capable of distinguishing goods with which the
proprietor of a trade mark is or may be connected in the course of
trade from goods in the case of which no such connection subsists,
either generally or, where the trade mark is proposed to be
registered subject to limitations, in relation to use within the
extent of the registration.
(5) In determining whether a trade mark is distinctive or is capable
of distinguishing as aforesaid, the tribunal may have regard to the
extent to which-
(a) a trade mark is inherently distinctive or is inherently capable
of distinguishing as aforesaid; and
(b) by reason of the use of the trade mark or of any other
circumstances the trade mark is in fact so adapted to distinguish or
is in fact capable of distinguishing as aforesaid.
(6) Subject to the other provisions of this section, a trade mark is
in respect of any goods-
(a) registered in Part A of the register may be registered in Part B
of the register; and
(b) register in Part B of the register may be registered in Part A
of the register;
in the name of the same proprietor of the same trade mark or any
part or parts thereof.
10.Limitation as to colour.- (1) A trade mark may be limited wholly
or in part to one or more specified colours, and such limitation
shall be taken into consideration by the tribunal having to decide
on the distinctive character of the trade mark.
(2) So far as a trade mark is registered without limitation of
colour, it shall be deemed to be registered for all colours.
11.Prohibition of registration of certain marks.- A mark-
(a) the use of which would be likely to deceive or cause confusion;
or
(b) the use of which would be contrary to any law for the time being
in force; or
(c) which comprises or contains scandalous or obscene matter; or
(d) which comprises or contains any matter likely to hurt the
religious susceptibilities of any class or section of the citizens
of India; or
(e) which would otherwise be disentitled to protection in a court;
shall not be registered as a trade mark.
12.Prohibition of registration of identical or deceptively similar
trade marks.- (1) Save as provided in sub-section (3), no trade mark
shall be registered in respect of any goods or description of goods
which is identical with or deceptively similar to a trade mark which
is already registered in the name of a different proprietor in
respect of the same goods or description of goods.
(2) Where separate applications are made by different persons to be
registered as proprietors respectively of trade marks which are
identical or nearly resemble each other in respect of the same goods
or description of goods, the Registrar may defer the acceptance of
the application or applications bearing a later date until after the
determination of the proceedings bearing a later date until after
the determination of the proceedings in respect of the earlier
application, and may dispose of such application or applications in
the light of the evidence tendered in relation to earlier
application and the oppositions thereto, if any.
(3) In case of honest concurrent use or of other special
circumstances which, in the opinion of the Registrar, make it proper
so to do, he may permit the registration by more than one proprietor
of trade marks which are identical or nearly resemble each other
(whether any such trade mark is already registered or not) in
respect of the same goods or description of goods, subject to such
conditions and limitations, if any, as the Registrar may think fit
to impose.
13.Prohibition of registration of names of chemical elements.- (1)
No word which his the commonly used and accepted name of any single
chemical element or single chemical compound (as distinguished from
a mixture) shall be registered as a trade mark in respect of a
chemical substance or preparation, and any such registration shall,
notwithstanding anything in section 32, be deemed for the purposes
of section 56 to be an entry make in the register without sufficient
cause or an entry wrongly remaining on the registration as the
circumstances may required.
(2) This section shall not apply to a word which is used to denote
only a brand or make of the element or compound as made by the
proprietor or a registered user of the trademark, as distinguished
from the element or compound as made by others, and in association
with a suitable name or description open to the public use.
14.Use of names and representations of living person or persons
recently dead.- Where an application is made for the registration of
a trade mark which falsely suggests a connection with any living
person, or a person whose death took place within twenty years prior
to the date of application for registration of the trade mark, the
Registrar may, before he proceeds with the application, require the
applicant to furnish him with the consent in writing of such living
person or, as the case may be, of the legal representative of the
deceased person to the connection appearing on the trade mark, and
may refuse to proceed with the application unless the applicant
furnishes the Registrar with such consent.
15.Registration of parts of trade marks and of trade marks as
series.- (1) Where the proprietor of a trade mark claims to be
entitled to the exclusive use of any part thereof separately, he may
apply to register the whole and the part as separate trade marks.
(2) Each such separate trade mark shall satisfy all the conditions
applying to, and have all the incidents of, an independent trade
mark.
(3) Where a person claiming to be the proprietor of several trade
marks in respect of the same goods or description of goods which,
while resembling each other in the material particulars thereof, yet
differ in respect of-
(a) statement of the goods in relation to which they are
respectively used or proposed to be used; or
(b) statements of number, price, quality or names of places; or
(c) other matter of a non-distinctive character which does not
substantially affect the identity of the trade mark; or
(d) colour;
seeks to register those trade marks, they may be registered as a
series in one registration.
16.Registration of trade marks as associated trade marks.- (1) Where
a trade mark which is registered, or is the subject of an
application for registration, in respect of any goods is identical
with another trade mark which is registered, or is the subject of an
application for registration, in the name of the same proprietor in
respect of the same goods or description of goods or so nearly
resembles it as to be likely to deceive or cause confusion if used
by a person other than the proprietor, the Registrar may, at any
time, require that the trade marks shall be entered on the register
as associated trademarks.
(2) Where a trade mark and any part thereof are, in accordance with
the provisions of sub-section (1) of section 15, registered as
separate trade marks in the name of the same proprietor, they shall
be deemed to be, and shall be registered as, associated trade marks.
(3) All trademarks registered in accordance with the provisions of
sub-section (3) of section 15 as a series in one registration shall
be deemed to be, and shall be registered as, associated trade marks.
(4) On application made in the prescribed manner by the registered
proprietor of two or more trademarks registered as associated trade
marks, the Registrar may dissolve the association as respects any of
them if he is satisfied that there would be no likelihood of
deception or confusion being caused if that trademark were used by
any other person in relation to any of the goods in respect of which
it is registered, and may amend the register accordingly.
17.Registration of trade marks subject to disclaimer.- If a trade
mark-
(a) contains any part-
(i) which is not the subject of a separate application by the
proprietor for registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade
mark; or
(b) contains any matter which is common to the trade or is otherwise
of a non-distinctive character;
the tribunal, in deciding whether the trademark shall be entered or
shall remain on the register, may require, as a condition of its
being on the register, that the proprietor shall either disclaim any
right to the exclusive use of such part or of all or any portion of
such matter, as the case may be, to the exclusive use of which the
tribunal holds him not to be entitled, or make such other disclaimer
as the tribunal may consider necessary for the purpose of defining
the rights of the proprietor under the registration:
Provided that no disclaimer shall affect any rights of the
proprietor of a trade mark except such as arise out of the
registration of the trade mark in respect of which the disclaimer is
made.
CHAPTER III
PROCEDURE FOR AND DURATION OF REGISTRATION
18.Application for registration.- (1) Any person claiming to be the
proprietor of a trade mark used or proposed to be used by him, who
is desirous of registering it, shall apply in writing to the
Registrar in the prescribed manner for the registration of his trade
mark either in Part A or in Part B of the register.
(2) An application shall not be made in respect of goods comprised
in more than one prescribed class of goods.
(3) Every application under sub-section (1) shall be filed in the
office of the Trade Marks Registry within whose territorial limits
the principal place of business in India of the applicant or in the
case of joint applicants the principal place of business in India of
the applicant whose name is first mentioned in the application, as
having a place of business in India, is situate:
Provided that where the applicant or any of the joint applicants
does not carry on business in India, the application shall be filed
in the office of the Trade Marks Registry within whose territorial
limits the place mentioned in the address for service in India as
disclosed in the application, is situate.
(4) Subject to the provisions of this Act, the Registrar may refuse
the application or may accept it absolutely or subject to such
amendments, modifications, conditions or limitations, if any, as he
may think fit.
(5) In the case of an application for registration of a trade mark
(other than a certification trade mark) in Part A of the register,
the Registrar may, if the applicant so desires, instead of refusing
the application, treat it as an application for registration in Part
B of the register and deal with the application accordingly.
(6) In the case of a refusal or conditional acceptance of an
application, the Registrar shall record in writing the grounds for
such refusal or conditional acceptance and the materials used by him
in arriving at his decision.
19.Withdrawal of acceptance.- Where, after the acceptance of an
application for registration of a trade mark but before its
registration, the Registrar is satisfied-
(a) that the application has been accepted in error; or
(b) that in the circumstances of the case the trade mark should not
be registered or should be registered subject to conditions or
limitations or to conditions additional to or different from the
conditions or limitations subject to which the application has been
accepted;
the Registrar may, after hearing the applicant if he so desires,
withdraw the acceptance and proceed as if the application had not
been accepted.
20.Advertisement of application.- (1) When an application for
registration of a trade mark has been accepted, whether absolutely
or subject to conditions or limitations, the Registrar shall, as
soon as may be after acceptance, cause the application as accepted
together with the conditions or limitations, if any, subject to
which it has been accepted, to be advertised in the prescribed
manner:
Provided that the Registrar may cause the application to be
advertised before acceptance if it relates to a trade mark to which
sub-section (2) of section 9 applies or in any other case where it
appears to him that it is expedient by reason of any exceptional
circumstances so to do.
(2) Where-
(a) an application has been advertised before acceptance under
sub-section (1); or
(b) after advertisement of an application-
(i) an error in the application has been corrected; or
(ii) the application has been permitted to be amended under section
22;
the Registrar may in his discretion cause the application to be
advertised again or, in any case falling under clause (b) may,
instead of causing the application to be advertised again, notify in
the prescribed manner the correction or amendment made in the
application.
21.Opposition to registration.- (1) Any person may, within three
months from the date of the advertisement or re-advertisement of an
application for registration or within such further period, not
exceeding one month in the aggregate, as the Registrar, on
application made to him in the prescribed manner and no payment of
the prescribed fee, allows, give notice in writing in the prescribed
manner to the Registrar, of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant
for registration and, within two months from the receipt by the
applicant of such copy of the notice of opposition, the applicant
shall send to the Registrar in the prescribed manner a
counter-statement of the grounds on which he relies for his
application, and if he does not do so he shall be deemed to have
abandoned his application.
(3) If the applicant sends such counter-statement the Registrar
shall serve a copy thereof on the person giving notice of
opposition.
(4) Any evidence upon which the opponent and the applicant may rely
shall be submitted in the prescribed manner and within the
prescribed time to the Registrar, and the Registrar shall given
opportunity to them to be heard if they so desire.
(5) The Registrar shall, after hearing the parties, if so required,
and considering the evidence, decide whether and subject to what
conditions or limitations, if any, the registration is to be
permitted, and may take into account a ground of objection whether
relied upon by the opponent or not.
(6) Where a person giving notice of opposition or an applicant
sending a counter-statement after receipt of a copy of such notice
neither resides nor carries on business in India, the Registrar may
require him to give security for the costs of proceedings before
him, and in default of such security being duly given, may treat the
opposition or application, as the case may be, as abandoned.
22.Correction and amendment.- The Registrar may on such terms as he
thinks just-
(a) at any time, whether before or after acceptance of an
application for registration under section 18, permit the correction
of any error in or in connection with the application or permit an
amendment of the application; or
(b) permit correction of any error in, or an amendment of, a notice
of opposition or a counter-statement under section 21.
23.Registration.- (1) Subject to the provisions of section 19, when
an application for registration of a trade mark in Part A or Part B
of the register has been accepted and either-
(a) the application has not been opposed and the time for notice of
opposition has expired; or
(b) the application has been opposed and the opposition has been
decided in favour of the applicant;
the Registrar shall, unless the Central Government otherwise
directs, register the said trade mark in Part A and Part B of the
register, as the case may be, and the trade mark when registered
shall be registered as of the date of the making of the said
application and that the date shall, subject to the provisions of
section 131, be deemed to be the date of registration.
(2) On the registration of a trade mark, the Registration shall
issue to the applicant a certificate in the prescribed form of the
registration thereof, sealed with the seal of the Trade Marks
Registry.
(3) Where registration of a trade mark is not completed within
twelve months from the date of the application by reason of default
on the part of the applicant, the Registrar may, after giving notice
to the application the prescribed manner, treat the application as
abandoned unless it is completed within the time specified in that
behalf in the notice.
(4) The Registrar may amend the register or a certificate of
registration for the purpose of correcting a clerical error or an
obvious mistake.
24.Jointly owned trade marks.- (1) Save as provided in sub-section
(2).nothing in this Act shall authorise the registration of two or
more persons who use a trade mark independently, or propose so to
sue it, as joint proprietors thereof.
(2) Where the relations between two or more persons interested in a
trade mark are such that no one of them is entitled as between
himself and the other or others of them to use it except-
(a) on behalf of both or all of them; or
(b) in relation to an article with which both or all of them are
connected in the course of trade;
those persons may be registered as joint proprietors of the trade
mark, and this Act shall have effect in relation to any rights to
the use of the trade mark vested in those persons as if those rights
had been vested in a single person.
25.Duration, renewal and restoration of registration.- (1) The
registration of a trade mark shall be for a period of seven years,
but may be renewed from time to time in accordance with the
provisions of this section.
(2) The Registrar shall, on application made by the registered
proprietor of a trademark in the prescribed manner and within the
prescribed period and subject to payment of the prescribed fees,
renew the registration of the trade mark for a period of seven years
from the date of expiration of the original registration or of the
last renewal of registration, as the case may be (which date is in
this section referred to as the expiration of the last
registration).
(3) At the prescribed time before the expiration of the last
registration of a trade mark the Registrar shall send notice in the
prescribed manner to the registered proprietor of the date of
expiration and the conditions as to payment of fees and otherwise
upon which a renewal of registration may be obtained, and, if at the
expiration of the time prescribed in that behalf those conditions
have not been duly complied with, the Registrar may remove the trade
mark from the register.
(4) Where a trade mark has been removed from the register for
non-payment of the prescribed fee, the Registrar may, within one
year from the expiration of the last registration of the trade mark,
on receipt of an application in the prescribed form, if satisfied
that it is just so to do, restore the trade mark to the register and
renew the registration of the trade mark either generally or subject
to such conditions or limitations as he thinks fit to impose, for a
period of seven years from the expiration of the last registration.
26.Effect of removal from register for failure to pay fee for
renewal.- Where a trade mark has been removed from the register for
failure to pay the fee for renewal, it shall nevertheless, for the
purpose of any application for the registration of another trade
mark during one year next after the date of the removal, be deemed
to be a trade mark already on the register, unless the tribunal is
satisfied either-
(a) that the has been no bona fide trade use of the trade mark which
has been removed during the two years immediately preceding its
removal; or
(b) that no deception or confusion would be likely to arise from the
use of the trade mark which is the subject of the application for
registration by reason of any previous use of the trade mark which
has been removed.
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