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Chapter 10 – Special Provisions for Textile Goods

BananaIP Counsels > The Trade Marks Act > Chapter 10 – Special Provisions for Textile Goods

Chapter 10 – Special Provisions for Textile Goods

Textile Goods

79. The central Government may prescribe classes of goods (in this Chapter referred to
as textile goods) to the trade marks used in relation to which the provisions of this Chapter
shall apply; and subject to the said provisions, the other provisions of this Act shall apply to
such trade marks as they apply to trade marks used in relation to other classes of goods.

Restriction on Registration of Textile Goods

80.—(1) In respect of textile goods being piece goods-
(a) no mark consisting of a line heading alone shall be registrable as a trade mark;
(b) a line heading shall not be deemed to be capable of distinguishing;
(c) the registration of trade mark shall not give any exclusive right to the use of a line
heading.
(2) In respect of any textile goods, the registration of letters or numerals, or any
combination thereof, shall be subject to such conditions and restrictions as may be prescribed.

Stamping of Piece Goods, Cotton Yarn and Thread

81.—(1) Piece goods, such as are ordinarily sold by length or by the piece, which have
been manufactured, bleached, dyed, printed or finished in premises which are a factory, as
defined in the Factories Act, 1948, shall not be removed for sale from the last of such
premises in which they underwent any of the said processes without having conspicuously
stamped in international form of Indian numerals on each piece the length thereof in standard
yards, or in standard yards and a fraction of such a yard, or in standard metres or in standard
metres and a fraction of such a metre, according to the real length of the piece, and, except
when the goods are sold from the factory for export from India, without being conspicuously
marked on each piece with the name of the manufacturer or of the occupier of the premises in
which the piece was finally processed or of the wholesale purchaser in India of the piece.
(2) Cotton yarn such as is ordinarily sold in bundles, and cotton thread, namely,
sewing, darning, crochet or handicraft thread; which have been manufactured, bleached, dyed
or finished in any premises not exempted by the rules made under section 82 shall not be

removed for sale from those premises unless, in accordance with the said rules in the case of
yarn
(a) the bundles are conspicuously marked with an indication of the weight of yarn in
English or the metric system in each bundles, and
(b) the count of the yarn contained in the bundles and in the case of thread each unit is
conspicuously marked with the length or weight of thread in the unit and in such other manner
as may be required by the said rules; and
(c) except where the goods are sold from the premises for export from India, unless
each bundle or unit is conspicuously marked with the name of the manufacturer or of the
wholesale purchaser in India of the goods:
Provided that the rules made under section 82 shall exempt all premises where the work
is done by members of one family with or without the assistance of not more than ten other
employees, and all premises controlled by a co-operative society where not more than twenty
workers are employed in the premises.

Determination of Character of Textile Goods by Sampling

82.—(1) For the purposes of this Act, the Central Government may make rules—
(a) to provide, with respect to any goods which purport or are alleged to be of uniform
number, quantity, measure, guage or weight, for the number of samples to be selected and
tested and for the selection of the samples;
(b) to provide, for the manner in which for the purposes of section 81 cotton yarn and
cotton thread shall be marked with the particulars required by that section, and for the
exemption of certain premises used for the manufacture, bleaching, dying or finishing of
cotton yarn or cotton thread from the provisions of that section; and
(c) declaring what classes of goods are included in the expression “piece goods such as
are ordinarily sold by length or by the piece” for the purpose of section 81, of this Act or
clause (n) of sub-section (2) of section 11 of the Customs Act, 1962.
(52 of 1962)
(2) With respect to any goods for the selection and testing of samples of which
provision is not made in any rules for the time being in force under sub-section (1), the court
or officer of customs, as the case may be, having occasion to ascertain the number, quantity,
measure, guage or weight of the goods, shall, by order in writing, determine the number of
samples to be selected and tested and the manner in which the samples are to be selected.
(3) The average of the results of the testing in pursuance of rules under sub-section (1)
or of an order under sub-section (2) shall be prima facie evidence of the number, quantity,
measure, guage, or weight, as the case may be, of the goods.
(4) If a person having any claim to, or in relation to, any goods of which samples have
been selected and tested in pursuance of rules under sub-section (1), or of an order under

sub-section (2), desires that any further samples of the goods be selected and tested, such
further samples shall, on his written application and on the payment in advance by him to the
court or officer of customs, as the case may be, of such sums for defraying the cost of the
further selection and testing as the court or officer may from time to time require, be selected
and tested to such extent as may be permitted by rules made by the Central Government in
this behalf or as, in the case of goods with respect to which provision is not made in such
rules, the court or officer of customs may determine in the circumstances to be reasonable, the
samples being selected in the manner prescribed under sub-section (1), or in sub-section (2),
as the case may be.
(5) The average of the results of the testing referred to in sub-section (3) of the further
testing under sub-section (4) shall be conclusive proof of the number, quantity, measure,
guage or weight, as the case may be, of the goods.

 

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