THE TRADE MARKS ACT, 1999
[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]
CHAPTER 13 – MISCELLANEOUS
122. PROTECTION OF ACTION TAKEN IN GOOD FAITH.
123. CERTAIN PERSONS TO BE PUBLIC SERVANTS.
Every person appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
124. STAY OF PROCEEDINGS WHERE THE VALIDITY OF REGISTRATION OF THE TRADE MARK IS QUESTIONED, ETC.
125. APPLICATION FOR RECTIFICATION OF REGISTER TO BE MADE TO HIGH COURT IN CERTAIN CASES.
126. IMPLIED WARRANTY ON SALE OF MARKED GOODS.
Where a mark or a trade mark or trade description has been applied to the goods on sale or in the contract for sale of any goods or in relation to any service, the seller shall be deemed to warrant that the mark is a genuine mark and not falsely applied, or that the trade description is not a false trade description within the meaning of this Act unless the contrary is expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of goods or providing of services on contract to and accepted by the buyer.
127. POWERS OF REGISTRAR.
128. EXERCISE OF DISCRETIONARY POWER BY REGISTRAR.
129. EVIDENCE BEFORE REGISTRAR.
130. DEATH OF PARTY TO A PROCEEDING.
If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.
131. EXTENSION OF TIME.
133. PRELIMINARY ADVICE BY THE REGISTRAR AS TO DISTINCTIVENESS.
134. SUIT FOR INFRINGEMENT, ETC. TO BE INSTITUTED BEFORE DISTRICT COURT.
135. RELIEF IN SUITS FOR INFRINGEMENT OR FOR PASSING OFF.
136. REGISTERED USER TO BE IMPLEADED IN CERTAIN PROCEEDINGS.
137. EVIDENCE OF ENTRIES IN REGISTER, ETC. AND THINGS DONE BY THE REGISTRAR.
138. REGISTRAR AND OTHER OFFICERS NOT COMPELLABLE TO PRODUCE REGISTER, ETC.
139. POWER TO REQUIRE GOODS TO SHOW INDICATION OF ORIGIN.
140. POWER TO REQUIRE INFORMATION OF IMPORTED GOODS BEARING FALSE TRADE MARKS.
141. CERTIFICATE OF VALIDITY.
If in any legal proceeding for rectification of the register before the High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgement in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgement for sufficient reason directs otherwise , be entitled to his full cost charges and expenses as between legal practitioner and client.
142. GROUNDLESS THREATS OF LEGAL PROCEEDINGS.
143. ADDRESS FOR SERVICE.
An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be.
144. TRADE USAGES, ETC. TO BE TAKEN INTO CONSIDERATION.
In any proceeding relating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons.
146. MARKS REGISTERED BY AN AGENT OR REPRESENTATIVE WITHOUT AUTHORITY.
148. DOCUMENTS OPEN TO PUBLIC INSPECTION.
149. REPORTS OF REGISTRAR TO BE PLACED BEFORE PARLIAMENT.
The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution by or under the Registrar of this Act.
150. FEES AND SURCHARGE.
151. SAVINGS IN RESPECT OF CERTAIN MATTERS IN CHAPTER 12.
152. DECLARATION AS TO OWNERSHIP OF TRADE MARK NOT REGISTRABLE UNDER THE REGISTRATION ACT, 1908.
Notwithstanding anything contained in the Registration Act, 1908 (16 of 1908), no document declaring or purporting to declare the ownership or title of a person to a trade mark other than a registered trade mark shall be registered under that Act.
153. GOVERNMENT TO BE BOUND.
The provisions of this Act shall be binding on the Government.
154. SPECIAL PROVISIONS RELATING TO APPLICATIONS FOR REGISTRATION FROM CITIZENS OF CONVENTION COUNTRIES.
155. PROVISION AS TO RECIPROCITY.
156. POWER OF CENTRAL GOVERNMENT TO REMOVE DIFFICULTIES.
157. POWER TO MAKE RULES.
The enactment specified in the Schedule shall be amended in the manner specified therein.