eCourtsIndia
IndiaCode Laws
Act47
Enacted 1999

The Trade Marks Act, 1999

In force 169 sections Commerce and Industry

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.

Act 47 of 1999 Enacted 30 Dec 1999 In force 15 Sep 2003 Department Department of Promotion of Industry and Internal Trade

Administered by. Ministry of Commerce and Industry, Department of Promotion of Industry and Internal Trade · Other Acts of 1999

Preamble

THE TRADE MARKS ACT, 1999

ACT NO. 47 OF 1999

[30th December, 1999.] 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:--

What this Act covers

Summary of the Trade Marks Act, 1999

Key Provisions

1. Definitions (Section 2)

• Includes terms like "Trade Mark", "Well Known Trade Mark", "Registrar", and more.

2. Registration Prohibitions and Conditions

• Section 11: Relative grounds for refusal (identity, similarity, confusion).

• Section 12: Honest concurrent use or special circumstances for identical/similar marks.

• Section 13: Prohibition on registering chemical element names or international non-proprietary names.

3. Well-Known Trade Marks

• Section 11(2) & Section 12(6)-(10): Protection, recognition, and factors for determination.

4. Amendments (Referenced in Context but from a Different Act)

• Note: The amendments mentioned (e.g., Act 33 of 2021) seem to refer to changes in judicial/appellate authorities (e.g., "tribunal" to "Registrar or High Court") but are not directly part of the Trade Marks Act, 1999, context provided.

Sections

Type to filter. 169 sections.

  1. 1Short title, extent and commencement
  2. 2Definitions and interpretation
  3. 3Appointment of Registrar and other officers
  4. 4Power of Registrar to withdraw or transfer cases, etc
  5. 5Trade Marks Registry and offices thereof
  6. 6The Register of Trade Marks
  7. 7Classification of goods and services
  8. 8Publication of alphabetical index
  9. 9Absolute grounds for refusal of registration
  10. 10Limitation as to colour
  11. 11Relative grounds for refusal of registration
  12. 12Registration in the case of honest concurrent use, etc
  13. 13Prohibition of registration of names of chemical elements or international non-proprietary names
  14. 14Use of names and representations of living persons or persons recently dead
  15. 15Registration of parts of trade marks and of trade marks as a series
  16. 16Registration of trade marks as associated trade marks
  17. 17Effect of registration of parts of a mark
  18. 18Application for registration
  19. 19Withdrawal of acceptance
  20. 20Advertisement of application
  21. 21Opposition to registration
  22. 22Correction and amendment
  23. 23Registration
  24. 24Jointly owned trade marks
  25. 25Duration, renewal, removal and restoration of registration
  26. 26Effect of removal from register for failure to pay fee for renewal
  27. 27No action for infringement of unregistered trade mark
  28. 28Rights conferred by registration
  29. 29Infringement of registered trade marks
  30. 30Limits on effect of registered trade mark
  31. 31Registration to be prima facie evidence of validity
  32. 32Protection of registration on ground of distinctiveness in certain cases
  33. 33Effect of acquiescence
  34. 34Saving for vested rights
  35. 35Saving for use of name, address or description of goods or services
  36. 36Saving for words used as name or description of an article or substance or service
  37. 36AApplication of Act in case of international registration under Madrid Protocol
  38. 36BDefinitions
  39. 36CTrade Marks Registry to deal with international applications
  40. 36DInternational application originating from India
  41. 36EInternational registrations where India has been designated
  42. 36FEffects of international registration
  43. 36GDuration and renewal of international registration
  44. 37Power of registered proprietor to assign and give receipts
  45. 38Assignability and transmissibility of registered trade marks
  46. 39Assignability and transmissibility of unregistered trade marks
  47. 40Restriction on assignment or transmission where multiple exclusive rights would be created
  48. 41Restriction on assignment or transmission when exclusive rights would be created in different parts of India
  49. 42Conditions for assignment otherwise than in connection with the goodwill of a business
  50. 43Assignability and transmissibility of certification trade marks
  51. 44Assignability and transmissibility of associated trade marks
  52. 45Registration of assignments and transmissions
  53. 46Proposed use of trade mark by company to be formed, etc
  54. 47Removal from register and imposition of limitations on ground of non-use
  55. 48Registered users
  56. 49Registration as registered user
  57. 50Power of Registrar for variation or cancellation of registration as registered user
  58. 51Power of Registrar to call for information relating to agreement in respect of registered users
  59. 52Right of registered user to take proceedings against infringement
  60. 53No right of permitted user to take proceeding against infringement
  61. 54Registered user not to have right of assignment or transmission
  62. 55Use of one of associated or substantially identical trade marks equivalent to use of another
  63. 56Use of trade mark for export trade and use when form of trade connection changes
  64. 57Power to cancel or vary registration and to rectify the register
  65. 58Correction of register
  66. 59Alteration of registered trade marks
  67. 60Adaptation of entries in register to amended or substituted classification of goods or services
  68. 61Special provisions for collective marks
  69. 62Collective mark not to be misleading as to character or significance
  70. 63Application to be accompanied by regulations governing use of collective marks
  71. 64Acceptance of application and regulations by Registrar
  72. 65Regulations to be open to inspection
  73. 66Amendment of regulations
  74. 67Infringement proceedings by registered proprietor of collective mark
  75. 68Additional grounds for removal of registration of collective mark
  76. 69Certain provisions of this Act not applicable to certification trade marks
  77. 70Registration of certification trade marks
  78. 71Applications for registration of certification trade marks
  79. 72Consideration of application for registration by Registrar
  80. 73Opposition to registration of certification trade marks
  81. 74Filing of regulations governing use of a certification trade mark
  82. 75Infringement of certification trade marks
  83. 76Acts not constituting infringement of certification trade marks
  84. 77Cancellation or varying of registration of certification trade marks
  85. 78Rights conferred by registration of certification trade marks
  86. 79[Omitted.]
  87. 80[Omitted.]
  88. 81[Omitted.]
  89. 82[Omitted.]
  90. 83Establishment of Appellate Board
  91. 84Composition of Appellate Board
  92. 85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members
  93. 86Term of office of Chairperson, Vice-Chairperson and other Members
  94. 87Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances
  95. 88Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members
  96. 89Resignation and removal
  97. 89A.Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member
  98. 90Staff of Appellate Board
  99. 91Appeals to High Court
  100. 92Procedure and powers of Appellate Board
  101. 93Bar of jurisdiction of courts, etc
  102. 94Bar to appear before Registrar
  103. 95Conditions as to making of interim orders
  104. 96Power of Chairperson to transfer cases from one Bench to another
  105. 97Procedure for application for rectification, etc., before High Court
  106. 98Appearance of Registrar in legal proceedings
  107. 99Costs of Registrar in proceedings before Appellate Board
  108. 100Transfer of pending proceedings to Appellate Board
  109. 101Meaning of applying trade marks and trade descriptions
  110. 102Falsifying and falsely applying trade marks
  111. 103Penalty for applying false trade marks, trade descriptions, etc
  112. 104Penalty for selling goods or providing services to which false trade mark or false trade description is applied
  113. 105Enhanced penalty on second or subsequent conviction
  114. 106Omitted
  115. 107Penalty for falsely representing a trade mark as registered
  116. 108Omitted
  117. 109Omitted
  118. 110No offence in certain cases
  119. 111Forfeiture of goods
  120. 112Exemption of certain persons employed in ordinary course of business
  121. 112AAdjudication of penalties
  122. 112BAppeal
  123. 113Procedure where invalidity of registration is pleaded by the accused
  124. 114Offences by companies
  125. 115Cognizance of certain offences and the powers of police officer for search and seizure
  126. 116Evidence of origin of goods imported by sea
  127. 117Costs of defence or prosecution
  128. 118Limitation of prosecution
  129. 119Information as to commission of offence
  130. 120Punishment of abetment in India of acts done out of India
  131. 121Instructions of Central Government as to permissible variation to be observed by criminal courts
  132. 122Protection of action taken in good faith
  133. 123Certain persons to be public servants
  134. 124Stay of proceedings where the validity of registration of the trade mark is questioned, etc
  135. 125Application for rectification of register to be made to High Court in certain cases
  136. 126Implied warranty on sale of marked goods
  137. 127Powers of Registrar
  138. 128Exercise of discretionary power by Registrar
  139. 129Evidence before Registrar
  140. 130Death of party to a proceeding
  141. 131Extension of time
  142. 132Abandonment
  143. 133Preliminary advice by the Registrar as to distinctiveness
  144. 134Suit for infringement, etc., to be instituted before District Court
  145. 135Relief in suits for infringement or for passing off
  146. 136Registered user to be impleaded in certain proceedings
  147. 137Evidence of entries in register, etc., and things done by the Registrar
  148. 138Registrar and other officers not compellable to produce register, etc
  149. 139Power to require goods to show indication of origin
  150. 140Power to require information of imported goods bearing false trade marks
  151. 141Certificate of validity
  152. 142Groundless threats of legal proceedings
  153. 143Address for service
  154. 144Trade usages, etc., to be taken into consideration
  155. 145Agents
  156. 146Marks registered by an agent or representative without authority
  157. 147Indexes
  158. 148Documents open to public inspection
  159. 149Reports of Registrar to be placed before Parliament
  160. 150Fees and surcharge
  161. 151Savings in respect of certain matters in Chapter XII
  162. 152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
  163. 153Government to be bound
  164. 154Special provisions relating to applications for registration from citizens of convention countries
  165. 155Provision as to reciprocity
  166. 156Power of Central Government to remove difficulties
  167. 157Power to make rules
  168. 158Amendments
  169. 159Repeal and savings

Schedules

This Act has 1 schedule. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Amending Acts

1 Act amending this enactment, passed by Parliament of India. The text above is the consolidated text as published.

  • The Trade Marks’ (Amendment) Act, 201047 of 2010

Rules made under this Act

6 sets of Rules. India Code publishes Rules as a record and a document rather than as text, so these are indexed here and not reproduced. All Rules.

  • The Trade Marks Rules, 20172017
  • The Trade Marks (Amendment) Rules, 20132013
  • The Trade Marks (Removal of Difficulties) Order, 20042004
  • The Intellectual Property Appellate Board (Procedure) Rules, 20032003
  • The Trade Marks (Applications and appeals to the Intellectual Property Appellate Board) Rules, 20032003
  • The Trade Marks Rules, 20022002

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 169 sections of this Act has its own page. This page is not a substitute for legal advice.