{"id":70710,"date":"2021-04-06T13:57:09","date_gmt":"2021-04-06T08:27:09","guid":{"rendered":"http:\/\/localhost\/one\/?p=70710"},"modified":"2025-07-01T15:39:39","modified_gmt":"2025-07-01T10:09:39","slug":"tribunals-reforms-ordinance-2021-trade-marks-act-amendments-india","status":"publish","type":"post","link":"https:\/\/www.bananaip.com\/intellepedia\/tribunals-reforms-ordinance-2021-trade-marks-act-amendments-india\/","title":{"rendered":"Tribunals Reforms Ordinance 2021 and amendments to the Trade Marks Act, 1999"},"content":{"rendered":"

The President of India on the 4th<\/sup> of April 2021 promulgated the \u201cTHE TRIBUNALS REFORMS (RATIONALISATION AND CONDITIONS OF SERVICE) ORDINANCE, 2021<\/a>\u201d.\u00a0 With the passing of this ordinance, Tribunals set up under the Cinematograph Act, 1952, the Customs Act, 1962, the Airports Authority of India Act, 1994, the Trade Marks Act, 1999 and the Protection of Plant Varieties and Farmers\u2019 Rights Act, 2001 and certain other Acts have now effectively been rendered defunct with immediate effect. <\/span><\/p>\n

Provided below is a table summarizing the changes introduced to the Trade Marks Act, 1999<\/strong> by virtue of passing of this Ordinance.<\/span><\/p>\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n
Section <\/strong><\/span><\/td>\nChanges Introduced by Ordinance<\/strong><\/span><\/td>\nOld Section<\/strong><\/span><\/td>\nNew Section<\/strong><\/span><\/td>\n<\/tr>\n
2(1) (a)<\/span><\/td>\nclause (a) of sub-section 1 omitted<\/span><\/td>\n“Appellate Board” means the Appellate Board established under section 83.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2 (1) (d)<\/span><\/td>\nclause (d) of sub-section 1 omitted<\/span><\/td>\n“Bench\u201d means a Bench of the Appellate Board.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2 (1) (f)<\/span><\/td>\nclause (f) of sub-section 1 omitted<\/span><\/td>\n\u201cChairperson” means the 2 “Chairperson” of the Appellate Board.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2 (1) (k)<\/span><\/td>\nclause (k) of sub-section 1 omitted<\/span><\/td>\n“Judicial Member\u201d means a Member of the Appellate Board appointed as such under the Trademarks Act 1999, and includes the Chairperson and the Vice-Chairperson;<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2(1) (n)<\/span><\/td>\nclause (n) of sub-section 1 omitted<\/span><\/td>\n“Member\u201d means a Judicial Member or a Technical Member of the Appellate Board and includes the Chairperson and the Vice-Chairperson;<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2(1)(ze)<\/span><\/td>\nclause (ze) of sub-section 1 omitted<\/span><\/td>\n\u00a0\u201ctribunal\u201d means the Registrar or, as the case may be, the Appellate Board, before which the proceeding concerned is pending;<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2(1) (zf)<\/span><\/td>\nclause 2(1) (zf) omitted<\/span><\/td>\n\u00a0\u201cVice-Chairperson\u201d means a Vice-Chairperson of the Appellate Board<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
2 (1) (s)<\/span><\/td>\n“prescribed” substituted under clause (s) of sub-section 1.<\/span><\/td>\n\u201cprescribed\u201d means prescribed by rules made under this Act;<\/span><\/td>\n“prescribed\u201d means,\u2014<\/span>
\n(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and<\/span>
\n(ii) in other cases, prescribed by rules made under this Act;\u2019;<\/span><\/td>\n<\/tr>\n
10(1)<\/span><\/td>\nSubstitution of the word “tribunal” with \u201cRegistrar or the High Court, as the case may be\u201d<\/span><\/td>\nSection 10 (1) [Limitation as to colour] –<\/span>
\n‘A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal<\/u><\/strong> having to decide on the distinctive character of the trade mark.”<\/span><\/td>\n		‘A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the Registrar or the High Court, as the case may be<\/u><\/strong> having to decide on the distinctive character of the trade mark.”<\/span><\/td>\n<\/tr>\n
26<\/span><\/td>\nSubstitution of the word “tribunal” with Registrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d.<\/span><\/td>\nSection 26 of Trade Marks Act 1999 [Effect of removal from register for failure to pay fee for renewal]<\/span>
\n– 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<\/u><\/strong> is satisfied<\/span><\/td>\n		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 Registrar or the High Court, as the case may be<\/u><\/strong> is satisfied<\/span><\/td>\n<\/tr>\n
46(3)<\/span><\/td>\nSubstitution of the word “tribunal” with Registrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d.<\/span><\/td>\nThe tribunal<\/u><\/strong> may, in a case to which sub-section (1) applies, require the applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned.<\/span><\/td>\nThe Registrar or High Court as the may be<\/u><\/strong>, in a case to which sub-section (1) applies, require the applicant to give security for the costs of any proceedings relating to any opposition or appeal, and in default of such security being duly given, may treat the application as abandoned.<\/span><\/td>\n<\/tr>\n
47(1) & (2) (b)<\/span><\/td>\nSubstitution of the words \u201cAppellate Board\u201d, at both the places where it occurs with \u201cHigh Court<\/u><\/strong>\u201d<\/span><\/td>\nSection 47 (1) – A registered trademark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the Registrar or the Appellate Board<\/u><\/strong> by any person aggrieved on the ground either<\/span>
\nSection 47(2) (b) – on application by that person in the prescribed manner to the Appellate Board<\/u><\/strong> or to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that registration shall cease to extend to such use.<\/span><\/td>\n		Section 47 (1) – A registered trademark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the Registrar or the High Court <\/u><\/strong>by any person aggrieved on the ground either.<\/span>
\nSection 47(2) (b) – on application by that person in the prescribed manner to the High Court <\/u><\/strong>or to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that registration shall cease to extend to such use.<\/span><\/td>\n<\/tr>\n
Proviso clause to Section 47(1) (b)<\/span><\/td>\nSubstitution of the words “Tribunal” wherever it occurs with \u201cRegistrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d<\/span><\/td>\n“Provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the tribunal<\/u><\/strong> is of opinion that he might properly be permitted so to register such a trade mark, the tribunal <\/u><\/strong>may refuse an application…..”<\/span><\/td>\n“Provided that except where the applicant has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of the goods or services in question, or where the Registrar or High Court<\/u><\/strong> is of opinion that he might properly be permitted so to register such a trade mark, the Registrar or High Court as the case may be<\/u><\/strong> refuse an application…..”<\/span><\/td>\n<\/tr>\n
Section 55(1)<\/span><\/td>\nSubstitution of the words “Tribunal” wherever it occurs with \u201cRegistrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d<\/span><\/td>\nWhere under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the tribunal<\/u><\/strong> may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.<\/span><\/td>\nWhere under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the <\/u><\/strong>Registrar or the High Court as the case may be,<\/u><\/strong> if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for the use required to be proved.<\/span><\/td>\n<\/tr>\n
57(1), 57(2), 57(5)<\/span><\/td>\nSubstitution of the words \u201cAppellate Board\u201d, at both the places where it occurs with \u201cHigh Court<\/u><\/strong>\u201d<\/span><\/td>\nSection 57(1) –<\/span>
\nOn application made in the prescribed manner to the Appellate Board<\/u><\/strong> or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.<\/span>
\nSection 57(2) –<\/span>
\nAny person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellate Board<\/u><\/strong> or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit<\/span>
\nSection 57(5)<\/span>
\nAny order of the Appellate Board<\/u><\/strong> rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly<\/span><\/td>\n		Section 57(1) –<\/span>
\nOn application made in the prescribed manner to the High Court <\/u><\/strong>or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.<\/span>
\nSection 57(2) –<\/span>
\nAny person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court <\/u><\/strong>or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit.<\/span>
\nSection 57(5)<\/span>
\nAny order of the High Court <\/u><\/strong>rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly<\/span><\/td>\n<\/tr>\n
57(1), 57(2), 57(3), 57(4)<\/span><\/td>\nSubstitution of the words “Tribunal” wherever it occurs with \u201cRegistrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d<\/span><\/td>\nSection 57(1) –<\/span>
\nOn application made in the prescribed manner to the Appellate Board or to the Registrar by any person aggrieved, the tribunal <\/u><\/strong>may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.<\/span>
\nSection 57(2) –<\/span>
\nAny person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellate Board or to the Registrar, and the tribunal <\/u><\/strong>may make such order for making, expunging or varying the entry as it may think fit.<\/span>
\nSection 57(3)<\/span>
\nThe tribunal<\/u><\/strong> may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register.<\/span>
\nSection 57(4)<\/span>
\nThe tribunal<\/u><\/strong>, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2).<\/span><\/td>\n		Section 57(1) –<\/span>
\nOn application made in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or the High Court <\/u><\/strong>may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.<\/span>
\nSection 57(2) –<\/span>
\nAny person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court or to the Registrar, and the Registrar<\/u><\/strong> or the High Court<\/u><\/strong> may make such order for making, expunging or varying the entry as it may think fit.<\/span>
\nSection 57(3)<\/span>
\nThe Registrar or the High Court <\/u><\/strong>may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register<\/span>
\nSection 57(4)<\/span>
\nThe Registrar or the High Court<\/u><\/strong> of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2).<\/span><\/td>\n<\/tr>\n
71(3)<\/span><\/td>\nSubstitution of <\/strong>the words “Tribunal” wherever it occurs, the words \u201cRegistrar<\/u><\/strong> or the High Court<\/u><\/strong>, as the case may be,\u201d<\/span><\/td>\nIn dealing under the said provisions with an application under this section, the tribunal<\/u><\/strong> shall have regard to the like considerations, so far as relevant, as if the application were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark<\/span><\/td>\nIn dealing under the said provisions with an application under this section, the <\/u><\/strong>Registrar or the High Court as the case may be<\/u><\/strong> shall have regard to the like considerations, so far as relevant, as if the application were applications under section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark<\/span><\/td>\n<\/tr>\n
Chapter XI<\/span><\/td>\nSubstitution of Chapter XI heading “Appeals”<\/strong><\/span><\/td>\nAppellate Board<\/span><\/td>\nAppeals<\/span><\/td>\n<\/tr>\n
83<\/span><\/td>\nSection 83 omitted.<\/span><\/td>\nEstablishment of Appellate Board.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
84<\/span><\/td>\nSection 84 omitted.<\/span><\/td>\nComposition of Appellate Board.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
85<\/span><\/td>\nSection 85 omitted.<\/span><\/td>\nQualifications for appointment as\u00a0 Chairperson,\u00a0 Vice-Chairperson, or other Members<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
86<\/span><\/td>\nSection 86 omitted.<\/span><\/td>\nTerm of office of\u00a0 Chairperson,\u00a0 Vice-Chairperson and other Members<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
87<\/span><\/td>\nSection 87 omitted.<\/span><\/td>\n\u00a0Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
88<\/span><\/td>\nSection 88 omitted.<\/span><\/td>\nSalaries, allowances and other terms and conditions of service of [Chairperson], [Vice Chairperson] and other Members.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
89<\/span><\/td>\nSection 89 omitted<\/span><\/td>\nResignation and removal.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
89A<\/span><\/td>\nSection 89A omitted<\/span><\/td>\nQualifications, terms and conditions of service of Chairperson, Vice-Chairperson and Member.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
90<\/span><\/td>\nSection 90 omitted<\/span><\/td>\n\u00a0Staff of Appellate Board.<\/span><\/td>\nOmitted<\/span><\/td>\n<\/tr>\n
91(1), proviso to 91(2), 91(3)<\/span><\/td>\nSubstitution of <\/strong>the words “Appellate Board” wherever they occur, with the words \u201cHigh Court<\/u><\/strong>\u201d.<\/span><\/td>\nAppeals to Appellate Board<\/u><\/strong><\/span>
\n(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board<\/u><\/strong> within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.<\/span>
\n(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):<\/span>
\nProvided that an appeal<\/span>
\n\u00a0may be admitted after the expiry of the period specified therefor, if the appellant satisfies the Appellate Board<\/u><\/strong> that he had sufficient cause for not preferring the appeal within the specified period.<\/span>
\n(3) An appeal to the Appellate Board<\/u><\/strong> shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.<\/span><\/td>\n		Appeals to High Court<\/u><\/strong><\/span>
\nAny person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the High Court <\/u><\/strong>within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.<\/span>
\n(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):<\/span>
\nProvided that an appeal<\/span>
\n\u00a0may be admitted after the expiry of the period specified therefor, if the appellant satisfies the High Court <\/u><\/strong>that he had sufficient cause for not preferring the appeal within the specified period.<\/span>
\n(3) An appeal to the High Court <\/u><\/strong>shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.<\/span><\/td>\n<\/tr>\n
92,93,95 & 96<\/span><\/td>\nSection 92, 93, 95 & 96 omitted.<\/span><\/td>\nSection 92 – Procedure and powers of Appellate Board.<\/span>
\nSection 93- Bar of jurisdiction of courts, etc.<\/span>
\nSection 95 – . Conditions as to making of interim orders.<\/span>
\nSection 96 – Power of\u00a0 Chairperson to transfer cases from one Bench to another.<\/span><\/td>\n		Section 92 – Omitted.<\/span>
\nSection 93 – Omitted<\/span>
\nSection 95 – . Omitted.<\/span>
\nSection 96 – Omitted.<\/span><\/td>\n<\/tr>\n
94<\/span><\/td>\nSubstitution of Section 94<\/span><\/td>\nOn ceasing to hold office, the Chairperson, Vice-Chairperson or other Members shall not appear before the Appellate Board or the Registrar.<\/span><\/td>\nOn ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members, shall not appear before the Registrar.<\/span><\/td>\n<\/tr>\n
97<\/span><\/td>\nSubstitution <\/strong>of the words ‘<\/strong>Appellate Board\u201d, wherever they occur with \u201cHigh Court<\/u><\/strong>\u201d<\/span><\/td>\nProcedure for application for rectification, etc., before Appellate Board<\/u><\/strong>.\u2014(1) An application for rectification of the register made to the Appellate Board<\/u><\/strong> under section 57 shall be in such form as may be prescribed.<\/span>
\n(2) A certified copy of every order or judgment of the Appellate Board<\/u><\/strong> relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board<\/u><\/strong> and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.<\/span><\/td>\n		Procedure for application for rectification, etc., before High Court<\/u><\/strong>.\u2014(1) An application for rectification of the register made to the High Court <\/u><\/strong>under section 57 shall be in such form as may be prescribed.<\/span>
\n(2) A certified copy of every order or judgment of the High Court <\/u><\/strong>relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Court<\/u><\/strong> and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order<\/span><\/td>\n<\/tr>\n
98<\/span><\/td>\nSubstitution of the words \u201cAppellate Board\u201d and \u201cBoard\u201d, wherever they occur, with the \u201cHigh Court<\/u><\/strong>\u201d.<\/span><\/td>\nAppearance of Registrar in legal proceedings.\u2014(1)<\/span>
\nThe Registrar shall have the right to appear and be heard\u2014 (a) in any legal proceedings before the Appellate Board<\/u><\/strong> in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised; (b) in any appeal to the Board from an order of the Registrar on an application for registration of a trade mark\u2014 (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.<\/span>
\n(2) Unless the Appellate Board<\/u><\/strong> otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.<\/span><\/td>\n		Appearance of Registrar in legal proceedings.\u2014(1)<\/span>
\nThe Registrar shall have the right to appear and be heard\u2014 (a) in any legal proceedings before the High Court <\/u><\/strong>in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised; (b) in any appeal to the Board from an order of the Registrar on an application for registration of a trade mark\u2014 (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.<\/span>
\n(2) Unless the High Court <\/u><\/strong>otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.<\/span><\/td>\n<\/tr>\n
99 & 100<\/span><\/td>\nSection 99 & 100 omitted<\/span><\/td>\nSection 99 – Costs of Registrar in proceedings before Appellate Board.<\/span>
\nSection 100 – Transfer of pending proceedings to Appellate Board.<\/span><\/td>\n		Section 99 –\u00a0<\/span>Omitted.<\/span>
\nSection 100 – Omitted<\/span><\/td>\n<\/tr>\n
113(1) (a) & 113(1) (c)<\/span><\/td>\nSubstitution <\/strong>of the words ‘<\/strong>Appellate Board\u201dat both the places the words occur with the \u201cHigh Court<\/u><\/strong>\u201d.<\/span><\/td>\nSection 113 (1) (a)<\/span>
\n\u00a0If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the Appellate Board<\/u><\/strong> under this Act, for the rectification of the register on the ground that the registration is invalid.<\/span>
\nSection 113 (1) (c) – If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board<\/u><\/strong> for rectification of the register, the court shall proceed with the case as if the registration were valid.<\/span><\/td>\n		Section 113 (1) (a)<\/span>
\nIf the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court <\/u><\/strong>under this Act, for the rectification of the register on the ground that the registration is invalid.<\/span>
\nSection 113 (1) (c) – If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the High Court <\/u><\/strong>for rectification of the register, the court shall proceed with the case as if the registration were valid.<\/span><\/td>\n<\/tr>\n
113 (2)<\/span><\/td>\nSubstitution of the words \u201ctribunal\u201d, with the words \u201cRegistrar or the High Cour<\/u><\/strong>t, as the case may be,\u201d.<\/span><\/td>\nWhere before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal<\/u><\/strong>, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark.<\/span><\/td>\nWhere before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Registrar or the High court as the case may be <\/u><\/strong>shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark.<\/span><\/td>\n<\/tr>\n
123<\/span><\/td>\n\u00a0<\/strong>The words ” and every Member of the Appellate Board” omitted.<\/span><\/td>\nEvery person appointed under this Act and every Member of the Appellate Board<\/strong> shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).<\/span><\/td>\nEvery person appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).<\/span><\/td>\n<\/tr>\n
124 (1)(b) (i) & (ii)<\/span><\/td>\nSubstitution of the words “Appellate Board” with the word “High Court<\/u>“<\/strong><\/span><\/td>\n(i)If any proceedings for rectification of the register in relation to the plaintiff\u2019s or defendant\u2019s trade mark are pending before the Registrar or the Appellate Board,<\/u><\/strong> stay the suit pending the final disposal of such proceedings;<\/span>
\n(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plantiff\u2019s or defendant\u2019s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the Appellate Board<\/u><\/strong> for rectification of the register.<\/span><\/td>\n		(i)If any proceedings for rectification of the register in relation to the plaintiff\u2019s or defendant\u2019s trade mark are pending before the Registrar or the High Court,<\/u><\/strong> stay the suit pending the final disposal of such proceedings;<\/span>
\n(ii) if no such proceedings are pending and the court is satisfied that the plea regarding the invalidity of the registration of the plantiff\u2019s or defendant\u2019s trade mark is prima facie tenable, raise an issue regarding the same and adjourn the case for a period of three months from the date of the framing of the issue in order to enable the party concerned to apply to the High Court <\/u><\/strong>for rectification of the register.<\/span><\/td>\n<\/tr>\n
125<\/span><\/td>\nSubstitution of the words the words \u201cAppellate Board\u201d with the words \u201cHigh Court\u201d.<\/u><\/strong><\/span><\/td>\nApplication for rectification of register to be made to Appellate Board <\/u><\/strong>in certain cases.\u2014<\/span>
\n(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff\u2019s trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant\u2019s trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the Appellate Board<\/u><\/strong> and not the Registrar.<\/span>
\n(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the Appellate Board<\/u><\/strong>.<\/span><\/td>\n		Application for rectification of register to be made to High Court<\/u><\/strong> in certain cases.\u2014<\/span>
\n(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff\u2019s trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section (2) of section 30 and the plaintiff questions the validity of the registration of the defendant\u2019s trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the High Court <\/u><\/strong>and not the Registrar.<\/span>
\n(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the High Court.<\/u><\/strong><\/span><\/td>\n<\/tr>\n
130<\/span><\/td>\nThe words ” the Appellate Board or ” omitted.<\/span><\/td>\nDeath of party to a proceeding<\/span>
\nIf a person who is a party to a proceeding under this Act (not being a proceeding before the Appellate Board or <\/strong>a court)<\/span><\/td>\n		\u00a0Death of party to a proceeding<\/span>
\nIf a person who is a party to a proceeding under this Act (not being a proceeding before a court)<\/span><\/td>\n<\/tr>\n
141<\/span><\/td>\nSubstitution of <\/strong>the words “Appellate Board” at both the places where they occur with the\u00a0 \u201cHigh Court<\/u><\/strong>\u201d.<\/span><\/td>\nCertificate of validity<\/span>
\nIf in any legal proceeding for rectification of the register before the Appellate Board<\/u><\/strong> 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 Appellate Board<\/u><\/strong> may grant a certificate to that effect…..<\/span><\/td>\n		Certificate of validity<\/span>
\nIf in any legal proceeding for rectification of the register before the High Court <\/u><\/strong>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 <\/u><\/strong>may grant a certificate to that effect…..<\/span><\/td>\n<\/tr>\n
144<\/span><\/td>\nSubstitution of <\/strong>the word \u201ctribunal\u201d, the words \u201cRegistrar or the High Court<\/u><\/strong>, as the case may be,\u201d.<\/span>
\n.<\/span><\/td>\n		Trade usages, etc., to be taken into consideration<\/span>
\nIn any proceeding relating to a trade mark, the tribunal<\/u><\/strong> 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.<\/span><\/td>\n		Trade usages, etc., to be taken into consideration<\/span>
\nIn any proceeding relating to a trade mark, the Registrar or the High Court as the case may be <\/u><\/strong>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.<\/span><\/td>\n<\/tr>\n
157 (2) (xxxi) & (xxxii)<\/span><\/td>\nSection 157 (2) (xxxi) and (xxxii) omitted.<\/span><\/td>\nSection 157(2) (xxxi) <\/span>
\nthe salaries and allowances and other conditions of service of the officers and other employees of the Appellate Board under sub-section (2), and the manner in which the officers and other employees of the Appellate Board shall discharge their functions under sub-section (3) of section 90;<\/span>
\nSection 157(2)<\/span>(xxxii) <\/span>
\nthe form of making an appeal, the manner of verification and the fee payable under sub-section (3) of section 91;<\/span><\/td>\n		\n

Section 157(2) (xxxi) – Omitted<\/span><\/p>\n

Section 157(2)<\/span>(xxxii) – Omitted<\/span><\/p>\n<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n

\n

Authored and compiled by Sanjana Rebecca<\/span>
\nSummer Intern and Student, 3rd Year, School of Law, Christ University<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The Tribunals Reforms Ordinance 2021 has resulted in the abolition of the Appellate Board under the Trade Marks Act, 1999 and transferred its powers to the High Courts and Registrar. This post provides an analytical summary of the legislative amendments and their implications for trademark law in India.<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"iawp_total_views":46,"footnotes":""},"categories":[6,11],"tags":[4346,11239,5578,5,7791,11243,1720,4350],"class_list":["post-70710","post","type-post","status-publish","format-standard","hentry","category-intellectual-property","category-trademarks","tag-appellate-board","tag-high-court-jurisdiction","tag-indian-trademark-law","tag-intellectual-property","tag-legal-amendments","tag-statutory-changes","tag-trade-marks-act","tag-tribunals-reforms-ordinance"],"_links":{"self":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70710","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/comments?post=70710"}],"version-history":[{"count":2,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70710\/revisions"}],"predecessor-version":[{"id":141556,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/posts\/70710\/revisions\/141556"}],"wp:attachment":[{"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/media?parent=70710"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/categories?post=70710"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.bananaip.com\/intellepedia\/wp-json\/wp\/v2\/tags?post=70710"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}