Question: Under Section 38, what is provided regarding assignability and transmissibi lity of registered trade marks?

Answer: Notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmissible, whether with or withou t the goodwill of the business concerned and in respect either of all the goods or services in respect of which the trade mark is


Section 39: Assignability and transmissibili ty of unregistered trade marks

Context:
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. 40. Restriction on assignment or transmission where multiple exc lusive rights would be created.—(1) Notwithstanding anything in sections 38 and 3 9, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to—
(a) same goods or services;
(b) same description of goods or services;

Question: What does clause (a) of Section 39 state?

Answer: same goods or services;


Question: Under Section 39 (Assignability and transmissibili ty of unregistered trade marks), what is provided in clause (a)?

Answer: same goods or services;


Question: Under Section 39 (Assignability and transmissibili ty of unregistered trade marks), what is provided in clause (b)?

Answer: same description of goods or services;


Question: What is laid down in clause (b) of Section 39?

Answer: same description of goods or services;


Context:
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. 40. Restriction on assignment or transmission where multiple exc lusive rights would be created.—(1) Notwithstanding anything in sections 38 and 3 9, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to—
(c) goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of ide ntical trade mark, if having regard to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those rights would be likely to deceive or cause confusion: Provided that an assignment or t ransmission shall not be deemed to be invalid under this sub -section if the exclusive rights subsisting as a result thereof in the persons concerned respectively are, having regard to limitations imposed thereon, such as not to be exercisable by two or mor e of those persons in relation to goods to be sold, or otherwise traded in, within India otherwise than for export therefrom, or in relation to goods to be exported to the same market outside India or in relation to services for use at any place in India or any place outside India in relation to services available for acceptance in India. (2) The proprietor of a registered trade mark who proposes to assign it may submit to the Registrar in the prescribed manner a statement of case setting out the circumsta nces and the Registrar may issue to him a certificate stating whether, having regard to the similarity of the goods or services and of the trade marks referred to in the case, the proposed assignment would or would not be invalid under sub-section ( 1), and a certificate so issued shall, subject to appeal and unless it is shown that the certificate was obtained by fraud or misrepresentation, be conclusive as to the validity or invalidity under sub-section (1) of the assignment in so far as su ch validity or invalidity depends upon the facts set out in the case, but, as regards a certificate in favour of validity, only if application for the registration under section 45 of the title of the person becoming entitled is made within six months from the date on w hich the certificate is issued. 41. Restriction on assignment or transmission when exclusive rights would be creat ed in different parts of India .—Notwithstanding anything in sections 38 and 39, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law—

Question: What is laid down in clause (c) of Section 39?

Answer: goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of ide ntical trade mark, if having regard to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those


Question: In Section 39, what does clause (c) say?

Answer: goods or services or description of goods or services which are associated with each other, of trade marks nearly resembling each other or of ide ntical trade mark, if having regard to the similarity of the goods and services and to the similarity of the trade marks, the use of the trade marks in exercise of those


Context:
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. 40. Restriction on assignment or transmission where multiple exc lusive rights would be created.—(1) Notwithstanding anything in sections 38 and 3 9, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to—
(a) an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India; and
(b) an exclusive right in another of these persons concerned, to the use of a t rade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to—
(i) the same goods or services; or
(ii) the same description of goods or services; or

Question: In Section 39, what does clause (a) say?

Answer: an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India


Question: What does clause (a) of Section 39 state?

Answer: an exclusive right in one of the persons concerned, to the use of the trade mark limited to use in relation to goods to be sold or otherwise traded in, in any place in India, or in relation to services for use, or services available for acceptance in any place in India


Question: What does clause (b) of Section 39 state?

Answer: an exclusive right in another of these persons concerned, to the use of a t rade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to—


Question: Under Section 39 (Assignability and transmissibili ty of unregistered trade marks), what is provided in clause (b)?

Answer: an exclusive right in another of these persons concerned, to the use of a t rade mark nearly resembling the first-mentioned trade mark or of an identical trade mark in relation to—


Question: Under Section 39 (Assignability and transmissibili ty of unregistered trade marks), what is provided in clause (i)?

Answer: the same goods or services


Question: What is laid down in clause (i) of Section 39?

Answer: the same goods or services


Question: What is laid down in clause (ii) of Section 39?

Answer: the same description of goods or services


Question: In Section 39, what does clause (ii) say?

Answer: the same description of goods or services


Context:
An unregistered trade mark may be assigned or transmitted with or without the goodwill of the business concerned. 40. Restriction on assignment or transmission where multiple exc lusive rights would be created.—(1) Notwithstanding anything in sections 38 and 3 9, a trade mark shall not be assignable or transmissible in a case in which as a result of the assignment or transmission there would in the circumstances subsist, whether under this Act or any other law, exclusive rights in more than one of the persons concerned to the use, in relation to—
(iii) services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in India: Provided that in any such case, on application in the prescribed manner by the proprietor of a trade mark who proposes to assign it, or by a person who claims that a registered trade mark has been transmitted to him or to a predecessor in title of his since the commencement of this Act, the Registrar, if he is satisfied that in all the circumstances the use of the trade mark in exercise of the said rights would not be contrary to the public interest may approve the assignment or transmission, and an assignment or transmission so approved shall not, unless it is shown that the approval was obtained by fraud or misrepresentation, be deemed to be invalid under this section or section 40 if application for the registration under section 45 of the title of the person b ecoming entitled is made within six months from the date on which the approval is given or, in the case of a transmission, was made before that date.

Question: In Section 39, what does clause (iii) say?

Answer: services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in India


Question: What does clause (iii) of Section 39 state?

Answer: services which are associated with those goods or goods of that description or goods which are associated with those services or services of that description, limited to use in relation to goods to be sold or otherwise traded in, or services for use, or available for acceptance, in any other place in India


Section 42: Conditions for assignment otherwise than in connection w ith the goodwill of a business

Context: Where an assig nment of a trade mark, whe ther registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the assignment is made or within such extended period, if any, not exceeding three months in the aggregate, as the Registrar may allow, applies to the Registrar for directions with respect to the advertisement of the assignment, and advertises it in such form and manner and within such period as the Registrar may direct. Explanation.—For the purposes of this section, an assignment of a trade mark of the following description shall not be deemed to be an assignment made otherwise than in connection with the goodwill of the business in which the mark is used, namely:— (a) an assignment of a trade mark in respect only of some of the goods or services for which the trade mark is registered accompanied by the transfer of the g oodwill of the business concerned in those goods or services only; or (b) an assignment of a trade mark which is used in relation to goods exported from India or in relation to services for use outside India if the assignment is accompanied by the transfer of the goodwill of the export business only.

Question: What does Section 42 state about conditions for assignment otherwise than in connection w ith the goodwill of a business?

Answer: Where an assig nment of a trade mark, whe ther registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the


Question: Under Section 42, what is provided regarding conditions for assignment otherwise than in connection w ith the goodwill of a business?

Answer: Where an assig nment of a trade mark, whe ther registered or unregistered is made otherwise than in connection with the goodwill of the business in which the mark has been or is used, the assignment shall not take effect unless the assignee, not later than the expiration of six months from the date on which the


Section 43: Assignability and transmissibilit y of certification trade marks

Context: A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner.

Question: What does Section 43 state about assignability and transmissibilit y of certification trade marks?

Answer: A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner.


Question: Under Section 43, what is provided regarding assignability and transmissibilit y of certification trade marks?

Answer: A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, for which application shall be made in writing in the prescribed manner.


Section 44: Assignability and transmissibi lity of associated trade marks

Context: Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade mark.

Question: What does Section 44 state about assignability and transmissibi lity of associated trade marks?

Answer: Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade mark.


Question: Under Section 44, what is provided regarding assignability and transmissibi lity of associated trade marks?

Answer: Associated trade marks shall be assignable and transmissible only as a whole and not separately, but, subject to the provisions of this Act, they shall, for all other purposes, be deemed to have been registered as separate trade mark.


Section 45: Registration of assignments and transmissions

Context:
(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall appl y in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in respect of which the assignment or transmission has effect, and shall cause particulars of such assignment or transmission to be entered on the register.
(2) The Registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished.
(3) Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have bee n determined by a competent court and in all other cases the Registrar shall dispose of the application within the prescribed period.
(4) Until an application under sub -section
(1) has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.

Question: What does sub-section (1) of Section 45 state?

Answer: Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall appl y in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in


Question: Under Section 45 (Registration of assignments and transmissions), what is provided in sub-section (1)?

Answer: Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall appl y in the prescribed manner to the Registrar to register his title, and the Registrar shall, on receipt of the application, register him as the proprietor of the trade mark in respect of the goods or services in


Question: Under Section 45 (Registration of assignments and transmissions), what is provided in sub-section (2)?

Answer: The Registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished.


Question: What is laid down in sub-section (2) of Section 45?

Answer: The Registrar may require the applicant to furnish evidence or further evidence in proof of title only where there is a reasonable doubt about the veracity of any statement or any document furnished.


Question: What is laid down in sub-section (3) of Section 45?

Answer: Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have bee n determined by a competent court and in all other cases the Registrar shall dispose of the application within the


Question: In Section 45, what does sub-section (3) say?

Answer: Where the validity of an assignment or transmission is in dispute between the parties, the Registrar may refuse to register the assignment or transmission until the rights of the parties have bee n determined by a competent court and in all other cases the Registrar shall dispose of the application within the


Question: In Section 45, what does sub-section (4) say?

Answer: Until an application under sub -section


Question: What does sub-section (4) of Section 45 state?

Answer: Until an application under sub -section


Question: What does sub-section (1) of Section 45 state?

Answer: has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.


Question: Under Section 45 (Registration of assignments and transmissions), what is provided in sub-section (1)?

Answer: has been filed, the assignment or transmission shall be ineffective against a person acquiring a conflicting interest in or under the registered trade mark without the knowledge of assignment or transmission.


Section 46: Proposed use of trade mar k by company to be formed, etc

Context:
(1) No ap plication for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the Registrar is satisfied that— (a) a company is about to be formed and registered under the Companies Act, 1956 (1 of 1956) and that the applicant intends to assign the trade mark to that company with a view to the use thereof in relation to those goods or services by the company, or (b) the proprietor intends it to be used by a person, as a registered user after the registration of the trade mark.
(2) The provisions of section 47 shall have effect, in relation to a trade mark registered under the powers conferred by this sub -section, as if for the reference, in clause ( a) of sub -section ( 1) of that section, to the intention on the part of an applicant for registration that a trade mark should be used by him there were substituted a reference to the intention on his part that it should be used by the company or registered user concerned.

Question: What does sub-section (1) of Section 46 state?

Answer: No ap plication for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the Registrar is satisfied that— (a) a company is


Question: Under Section 46 (Proposed use of trade mar k by company to be formed, etc), what is provided in sub-section (1)?

Answer: No ap plication for the registration of a trade mark in respect of any goods or services shall be refused nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if the Registrar is satisfied that— (a) a company is


Question: Under Section 46 (Proposed use of trade mar k by company to be formed, etc), what is provided in sub-section (2)?

Answer: The provisions of section 47 shall have effect, in relation to a trade mark registered under the powers conferred by this sub -section, as if for the reference, in clause ( a) of sub -section ( 1) of that section, to the intention on the part of an applicant for registration that a trade mark should be used by him


Question: What is laid down in sub-section (2) of Section 46?

Answer: The provisions of section 47 shall have effect, in relation to a trade mark registered under the powers conferred by this sub -section, as if for the reference, in clause ( a) of sub -section ( 1) of that section, to the intention on the part of an applicant for registration that a trade mark should be used by him


Context:
(3) The Registrar or the High Court, as the case may be 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.
(4) Where in a case to which sub -section
(1) applies, a trade mark in respect of any goods or services is registered in the name of an applicant who, relies on intention to assign the trade mark to a company, then, unless within such period as may be prescribed or within such further period not exceeding six months as the Registrar may, on application being made to him i n the prescribed manner, allow, the company has been registered as the proprietor of the trade mark in respect of those goods or services, the registration shall cease to have effect in respect thereof at the expiration of that period and the Registrar shall amend the register accordingly.

Question: What is laid down in sub-section (3) of Section 46?

Answer: The Registrar or the High Court, as the case may be 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.


Question: In Section 46, what does sub-section (3) say?

Answer: The Registrar or the High Court, as the case may be 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.


Question: In Section 46, what does sub-section (4) say?

Answer: Where in a case to which sub -section


Question: What does sub-section (4) of Section 46 state?

Answer: Where in a case to which sub -section


Question: What does sub-section (1) of Section 46 state?

Answer: applies, a trade mark in respect of any goods or services is registered in the name of an applicant who, relies on intention to assign the trade mark to a company, then, unless within such period as may be prescribed or within such further period not exceeding six months as the Registrar may, on application being made


Question: Under Section 46 (Proposed use of trade mar k by company to be formed, etc), what is provided in sub-section (1)?

Answer: applies, a trade mark in respect of any goods or services is registered in the name of an applicant who, relies on intention to assign the trade mark to a company, then, unless within such period as may be prescribed or within such further period not exceeding six months as the Registrar may, on application being made


Section 47: Removal from register and imposition of limitations on ground of non-use

Context:
(1) A registered trade mark 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 by any person aggrieved on the ground either—
(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it sh ould be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that there has, in fact, been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to a date three months before the date of the application; or

Question: What does clause (a) of Section 47 state?

Answer: that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it sh ould be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that


Question: Under Section 47 (Removal from register and imposition of limitations on ground of non-use), what is provided in clause (a)?

Answer: that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it sh ould be used in relation to those goods or services by him or, in a case to which the provisions of section 46 apply, by the company concerned or the registered user, as the case may be, and that


Context:
(1) A registered trade mark 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 by any person aggrieved on the ground either—
(b) that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: 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 the High Court, as the case may be is of opinion that he might properly be permitted so to register such a trade mark, the Registrar or the High Court, as the case may be may refuse an application under clause
(a) or clause
(b) in relation to any goods or services, if it is show n that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to—
(i) goods or services of the same description; or

Question: Under Section 47 (Removal from register and imposition of limitations on ground of non-use), what is provided in clause (b)?

Answer: that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods


Question: What is laid down in clause (b) of Section 47?

Answer: that up to a date three months before the date of the application, a continuous period of five years from the date on which the trade mark is actually entered in the register or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods


Question: What is laid down in clause (a) of Section 47?

Answer: or clause


Question: In Section 47, what does clause (a) say?

Answer: or clause


Question: In Section 47, what does clause (b) say?

Answer: in relation to any goods or services, if it is show n that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to—


Question: What does clause (b) of Section 47 state?

Answer: in relation to any goods or services, if it is show n that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to—


Question: What does clause (i) of Section 47 state?

Answer: goods or services of the same description


Question: Under Section 47 (Removal from register and imposition of limitations on ground of non-use), what is provided in clause (i)?

Answer: goods or services of the same description


Context:
(1) A registered trade mark 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 by any person aggrieved on the ground either—
(ii) goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered. (2) Where in relation to any goods or services in respect of which a trade mark is registered—
(a) the circumstances referred to in clause ( b) of sub -section ( 1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market outside India; or in relation to services for use or available for acceptance in a particular place in India or for use in a particular market outside India; and

Question: Under Section 47 (Removal from register and imposition of limitations on ground of non-use), what is provided in clause (ii)?

Answer: goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered.


Question: What is laid down in clause (ii) of Section 47?

Answer: goods or services associated with those goods or services of that description being goods or services, as the case may be, in respect of which the trade mark is registered.


Question: What is laid down in clause (a) of Section 47?

Answer: the circumstances referred to in clause ( b) of sub -section ( 1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market


Question: In Section 47, what does clause (a) say?

Answer: the circumstances referred to in clause ( b) of sub -section ( 1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in a particular place in India (otherwise than for export from India), or in relation to goods to be exported to a particular market


Context:
(1) A registered trade mark 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 by any person aggrieved on the ground either—
(b) a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relatio n to services for use or available for acceptance in that place or for use in that country, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark, on application by that person in the prescribed manner to the High Court or to the Registrar, the tribunal may impose o n the registration of the first -mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use. (3) An applicant shall not be entitle d to rely for the purpose of clause ( b) of sub-section (1) or for the purposes of sub -section (2) on any non -use of a trade mark which is shown to have been due to special circumstances in the trade, which includes restrictions on the use of the trade mark in India imposed by any law or regulation and not to any intention to abandon or not to use the trade mark in relation to the goods or services to which the application relates.

Question: In Section 47, what does clause (b) say?

Answer: a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relatio n to services for use or available


Question: What does clause (b) of Section 47 state?

Answer: a person has been permitted under section 12 to register an identical or nearly resembling trade mark in respect of those goods, under a registration extending to use in relation to goods to be so sold, or otherwise traded in, or in relation to goods to be so exported, or in relatio n to services for use or available


Section 48: Registered users

Context:
(1) Subject to the provisions of section 49, a person o ther than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered.
(2) The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this Act or any other law.

Question: What does sub-section (1) of Section 48 state?

Answer: Subject to the provisions of section 49, a person o ther than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered.


Section 48: Registered users

Question: Under Section 48 (Registered users), what is provided in sub-section (1)?

Answer: Subject to the provisions of section 49, a person o ther than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered.


Section 48: Registered users

Question: Under Section 48 (Registered users), what is provided in sub-section (2)?

Answer: The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this Act or any other law.


Section 48: Registered users

Question: What is laid down in sub-section (2) of Section 48?

Answer: The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this Act or any other law.


Section 49: Registration as registered user

Context:
(1) Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every suc h applic ation shall be accompanied by—
(a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and
(b) an affidavit made by the registered proprietor or by some person authorised to the satisfication of the Registrar to act on his behalf,—
(i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or th at there shall be any other restriction as to persons for whose registration as registered users application may be made;
(ii) stating the goods or services in respect of which registration is proposed;

Question: What does clause (a) of Section 49 state?

Answer: the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark


Question: Under Section 49 (Registration as registered user), what is provided in clause (a)?

Answer: the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark


Question: Under Section 49 (Registration as registered user), what is provided in clause (b)?

Answer: an affidavit made by the registered proprietor or by some person authorised to the satisfication of the Registrar to act on his behalf,—


Question: What is laid down in clause (b) of Section 49?

Answer: an affidavit made by the registered proprietor or by some person authorised to the satisfication of the Registrar to act on his behalf,—


Question: What is laid down in clause (i) of Section 49?

Answer: giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the


Question: In Section 49, what does clause (i) say?

Answer: giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the


Question: In Section 49, what does clause (ii) say?

Answer: stating the goods or services in respect of which registration is proposed;


Question: What does clause (ii) of Section 49 state?

Answer: stating the goods or services in respect of which registration is proposed;


Context:
(1) Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every suc h applic ation shall be accompanied by—
(iii) stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter;
(iv) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and
(c) such further documents or other evidence as may be required by the Reg istrar or as may be prescribed. (2) When the requirements of sub-section (1) have been complied with, the Registrar shall register the proposed registered user in respect of the goods or services as to which he is so satisfied. (3) The Registrar shall issue notice in the prescribed m anner of the registration of a person as a registered user, to other registered users of the trade mark, if any. (4) The Registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section (other than matters entered in the register) is no t disclosed to rivals in trade.

Question: What does clause (iii) of Section 49 state?

Answer: stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter;


Question: Under Section 49 (Registration as registered user), what is provided in clause (iii)?

Answer: stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter;


Question: Under Section 49 (Registration as registered user), what is provided in clause (iv)?

Answer: stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof


Question: What is laid down in clause (iv) of Section 49?

Answer: stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof


Question: What is laid down in clause (c) of Section 49?

Answer: such further documents or other evidence as may be required by the Reg istrar or as may be prescribed.


Question: In Section 49, what does clause (c) say?

Answer: such further documents or other evidence as may be required by the Reg istrar or as may be prescribed.


Section 50: Power of Registrar for variation or cancellation of r egistration as registered user

Context:
(1) Without prejudice to the provisions of section 57, the registration of a person as registered user—
(a) may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registere d proprietor of the trade mark;
(b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark;
(c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:—
(i) that the registered user has used the trade mark otherwis e than in accordance with the agreement under clause ( a) of sub -section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion;
(ii) that the proprietor or the registered user misrepresented, or failed to disclose, so me fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;
(iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified regis tration of the registered user;

Question: What does clause (a) of Section 50 state?

Answer: may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registere d proprietor of the trade mark;


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (a)?

Answer: may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registere d proprietor of the trade mark;


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (b)?

Answer: may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark;


Question: What is laid down in clause (b) of Section 50?

Answer: may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark;


Question: What is laid down in clause (c) of Section 50?

Answer: may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:—


Question: In Section 50, what does clause (c) say?

Answer: may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:—


Question: In Section 50, what does clause (i) say?

Answer: that the registered user has used the trade mark otherwis e than in accordance with the agreement under clause ( a) of sub -section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion;


Question: What does clause (i) of Section 50 state?

Answer: that the registered user has used the trade mark otherwis e than in accordance with the agreement under clause ( a) of sub -section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion;


Question: What does clause (ii) of Section 50 state?

Answer: that the proprietor or the registered user misrepresented, or failed to disclose, so me fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (ii)?

Answer: that the proprietor or the registered user misrepresented, or failed to disclose, so me fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (iii)?

Answer: that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified regis tration of the registered user;


Question: What is laid down in clause (iii) of Section 50?

Answer: that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified regis tration of the registered user;


Context:
(1) Without prejudice to the provisions of section 57, the registration of a person as registered user—
(iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;
(d) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark is to be used is either not being enforced or is not being complied with;

Question: What is laid down in clause (iv) of Section 50?

Answer: that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;


Question: In Section 50, what does clause (iv) say?

Answer: that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;


Question: In Section 50, what does clause (d) say?

Answer: may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark


Question: What does clause (d) of Section 50 state?

Answer: may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark


Context:
(1) Without prejudice to the provisions of section 57, the registration of a person as registered user—
(e) may be cancelled by the Registrar in respect of any goods or services in re lation to which the trade mark is no longer registered. (2) The Registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant) of the trade mark. (3) The procedure for cancelling a registration shall be such as may be prescribed: Provided that before cancel ling of registration, the registered proprietor shall be given a reasona ble opportunity of being heard. 51. Power of Registrar to cal l for information relating to agreement in respect of registered users.—(1) The Registrar may , at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within o ne month that the agreement filed under clause
(a) of sub-section (1) of section 49 continues to be in force. (2) If the registered proprietor fails to furnish the confirmation within one month as required under sub-section (1), the registered user shall c ease to be the registered user on the day immediately after the expiry of the said period and the Registrar shall notify the same.

Question: What does clause (e) of Section 50 state?

Answer: may be cancelled by the Registrar in respect of any goods or services in re lation to which the trade mark is no longer registered.


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (e)?

Answer: may be cancelled by the Registrar in respect of any goods or services in re lation to which the trade mark is no longer registered.


Question: Under Section 50 (Power of Registrar for variation or cancellation of r egistration as registered user), what is provided in clause (a)?

Answer: of sub-section (1) of section 49 continues to be in force.


Question: What is laid down in clause (a) of Section 50?

Answer: of sub-section (1) of section 49 continues to be in force.


Section 53: No right of permitted user to take proceeding against infringement

Context: A person referred to in sub-clause (ii) of clause ( r) of sub-section (1) of section 2 shall have no right to institute any pr oceeding for any infringement.

Question: What does Section 53 state about no right of permitted user to take proceeding against infringement?

Answer: A person referred to in sub-clause (ii) of clause ( r) of sub-section (1) of section 2 shall have no right to institute any pr oceeding for any infringement.


Question: Under Section 53, what is provided regarding no right of permitted user to take proceeding against infringement?

Answer: A person referred to in sub-clause (ii) of clause ( r) of sub-section (1) of section 2 shall have no right to institute any pr oceeding for any infringement.


Section 57: Power to cancel or vary registrati on and to rectify the register

Context:
(1) On application ma de in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Register or the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the g round of any contravention, or failure to observe a condition entered on the register in relation thereto.
(2) Any 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 Register or the High Court, as the case may be, may make such order for making, expunging or varying the entry as it may think fit.
(3) The Register or the High Court, as the case may be, 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.
(4) The Register or the High Court, as the case may be, 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).

Question: What does sub-section (1) of Section 57 state?

Answer: On application ma de in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Register or the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the g round of any contravention, or failure to observe


Question: Under Section 57 (Power to cancel or vary registrati on and to rectify the register), what is provided in sub-section (1)?

Answer: On application ma de in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Register or the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the g round of any contravention, or failure to observe


Question: Under Section 57 (Power to cancel or vary registrati on and to rectify the register), what is provided in sub-section (2)?

Answer: Any 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


Question: What is laid down in sub-section (2) of Section 57?

Answer: Any 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


Question: What is laid down in sub-section (3) of Section 57?

Answer: The Register or the High Court, as the case may be, 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.


Question: In Section 57, what does sub-section (3) say?

Answer: The Register or the High Court, as the case may be, 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.


Question: In Section 57, what does sub-section (4) say?

Answer: The Register or the High Court, as the case may be, 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


Question: What does sub-section (4) of Section 57 state?

Answer: The Register or the High Court, as the case may be, 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


Question: What does sub-section (1) of Section 57 state?

Answer: or sub-section (2).


Question: Under Section 57 (Power to cancel or vary registrati on and to rectify the register), what is provided in sub-section (1)?

Answer: or sub-section (2).


Context: (5) Any order of the High Court 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 re ctify the register accordingly.

Question: Under Section 57 (Power to cancel or vary registrati on and to rectify the register), what is provided in sub-section (5)?

Answer: Any order of the High Court 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 re ctify the register accordingly.


Question: What is laid down in sub-section (5) of Section 57?

Answer: Any order of the High Court 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 re ctify the register accordingly.


Section 59: Alteration of registered trade marks

Context:
(1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, a nd the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.
(2) The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing th e parties if so required, decide the matter.

Question: What does sub-section (1) of Section 59 state?

Answer: The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, a nd the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.


Question: Under Section 59 (Alteration of registered trade marks), what is provided in sub-section (1)?

Answer: The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, a nd the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit.


Question: Under Section 59 (Alteration of registered trade marks), what is provided in sub-section (2)?

Answer: The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner


Question: What is laid down in sub-section (2) of Section 59?

Answer: The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner


Context:
(3) Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2). 60. Adaptation of entries in register to amended or substituted class ification of goods or services.—(1) The Registrar shall not make any amendment of the register which would have the effect of adding any goods or classes of goods or services to those in respect of which a trade mark is registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods or services: Provided that this sub -section, shall not apply when the Regist rar is satisfied that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods or services and would not substantially prej udice the rights of any person.
(2) A proposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1).

Question: What is laid down in sub-section (3) of Section 59?

Answer: Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).


Question: In Section 59, what does sub-section (3) say?

Answer: Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).


Question: In Section 59, what does sub-section (2) say?

Answer: A proposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1).


Question: What does sub-section (2) of Section 59 state?

Answer: A proposal so to amend the register shall be brought to the notice of the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravenes the provisions of sub-section (1).


Section 61: Special provisions for collective marks

Context:
(1) The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter.
(2) In relation to a collective mark the reference in clause ( zb) of sub -section ( 1) of section 2 to distinguishing the goods or services of one person from those of others shall be construe d as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the mark from those of others.

Question: What does sub-section (1) of Section 61 state?

Answer: The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter.


Question: Under Section 61 (Special provisions for collective marks), what is provided in sub-section (1)?

Answer: The provisions of this Act shall apply to collective marks subject to the provisions contained in this Chapter.


Question: Under Section 61 (Special provisions for collective marks), what is provided in sub-section (2)?

Answer: In relation to a collective mark the reference in clause ( zb) of sub -section ( 1) of section 2 to distinguishing the goods or services of one person from those of others shall be construe d as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the


Question: What is laid down in sub-section (2) of Section 61?

Answer: In relation to a collective mark the reference in clause ( zb) of sub -section ( 1) of section 2 to distinguishing the goods or services of one person from those of others shall be construe d as a reference to distinguishing the goods or services of members of an association of persons which is the proprietor of the


Section 62: Collective mark not to be misleading as to character or significance

Context: A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprise some indicatio n that it is a collective mark.

Question: What does Section 62 state about collective mark not to be misleading as to character or significance?

Answer: A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprise


Question: Under Section 62, what is provided regarding collective mark not to be misleading as to character or significance?

Answer: A collective mark shall not be registered if it is likely to deceive or cause confusion on the part of public in particular if it is likely to be taken to be something other than a collective mark, and in such case the Registrar may require that a mark in respect of which application is made for registration comprise


Section 63: Application to be accompanied by regulations gov erning use of collective marks

Context:
(1) An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark.
(2) The regulations referred to in sub-section
(1) shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.

Question: What does sub-section (1) of Section 63 state?

Answer: An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark.


Question: Under Section 63 (Application to be accompanied by regulations gov erning use of collective marks), what is provided in sub-section (1)?

Answer: An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark.


Question: Under Section 63 (Application to be accompanied by regulations gov erning use of collective marks), what is provided in sub-section (2)?

Answer: The regulations referred to in sub-section


Question: What is laid down in sub-section (2) of Section 63?

Answer: The regulations referred to in sub-section


Question: What is laid down in sub-section (1) of Section 63?

Answer: shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.


Question: In Section 63, what does sub-section (1) say?

Answer: shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed.


Section 64: Acceptance of application and regulations by Registrar

Context: If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall notify the regulations.

Question: What does Section 64 state about acceptance of application and regulations by Registrar?

Answer: If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall


Question: Under Section 64, what is provided regarding acceptance of application and regulations by Registrar?

Answer: If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall


Section 65: Regulations to be open to inspection

Context: The regulations referred to in sub -section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.

Question: What does Section 65 state about regulations to be open to inspection?

Answer: The regulations referred to in sub -section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.


Question: Under Section 65, what is provided regarding regulations to be open to inspection?

Answer: The regulations referred to in sub -section (1) of section 63 shall be open to public inspection in the same way as the register as provided in section 148.


Section 66: Amendment of regulations

Context: Any amendment of regulations referred to in sub -section ( 1) of section 63 shall not be effective unless the amended regulation s are filed with the Registrar, and accepted and published by him in accordance with section 64.

Question: What does Section 66 state about amendment of regulations?

Answer: Any amendment of regulations referred to in sub -section ( 1) of section 63 shall not be effective unless the amended regulation s are filed with the Registrar, and accepted and published by him in accordance with section 64.


Section 66: Amendment of regulations

Question: Under Section 66, what is provided regarding amendment of regulations?

Answer: Any amendment of regulations referred to in sub -section ( 1) of section 63 shall not be effective unless the amended regulation s are filed with the Registrar, and accepted and published by him in accordance with section 64.


Section 67: Infringement proceedings by registered proprietor of collective mark

Context: In a suit for infringement instituted by the registered proprietor of a collective ma rk as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any pecuniary remedy on behalf of such authorised users.

Question: What does Section 67 state about infringement proceedings by registered proprietor of collective mark?

Answer: In a suit for infringement instituted by the registered proprietor of a collective ma rk as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any


Question: Under Section 67, what is provided regarding infringement proceedings by registered proprietor of collective mark?

Answer: In a suit for infringement instituted by the registered proprietor of a collective ma rk as plaintiff the court shall take into account any loss suffered or likely to be suffered by authorised users and may give such directions as it thinks fit as to the extent to which the plaintiff shall hold the proceeds of any


Section 69: Certain provisions of this Act not applicabl e to certification trade marks

Context:
The following provisions of this Act shall not apply to certification trade marks, that is to say,—
(a) clauses
(a) and
(c) of sub-section (1) of section 9;
(b) Sections 18, 20 and 21, except as expressly applied by this Chapter;
(c) Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;
(d) Chapter XII, except section 107.

Question: What does clause (a) of Section 69 state?

Answer: clauses


Question: Under Section 69 (Certain provisions of this Act not applicabl e to certification trade marks), what is provided in clause (a)?

Answer: clauses


Question: Under Section 69 (Certain provisions of this Act not applicabl e to certification trade marks), what is provided in clause (a)?

Answer: and


Question: What is laid down in clause (a) of Section 69?

Answer: and


Question: What is laid down in clause (c) of Section 69?

Answer: of sub-section (1) of section 9;


Question: In Section 69, what does clause (c) say?

Answer: of sub-section (1) of section 9;


Question: In Section 69, what does clause (b) say?

Answer: Sections 18, 20 and 21, except as expressly applied by this Chapter;


Question: What does clause (b) of Section 69 state?

Answer: Sections 18, 20 and 21, except as expressly applied by this Chapter;


Question: What does clause (c) of Section 69 state?

Answer: Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;


Question: Under Section 69 (Certain provisions of this Act not applicabl e to certification trade marks), what is provided in clause (c)?

Answer: Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and sub-section (2) of section 56;


Question: Under Section 69 (Certain provisions of this Act not applicabl e to certification trade marks), what is provided in clause (d)?

Answer: Chapter XII, except section 107.


Question: What is laid down in clause (d) of Section 69?

Answer: Chapter XII, except section 107.


Section 70: Registration of certification trade marks

Context: A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.

Question: What does Section 70 state about registration of certification trade marks?

Answer: A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.


Question: Under Section 70, what is provided regarding registration of certification trade marks?

Answer: A mark shall not be registrable as a certification trade mark in the name of a person who carries on a trade in goods of the kind certified or a trade of the provision of services of the kind certified.


Section 71: Application s for registratio n of certification trade marks

Context:
(1) An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft for the regulations to be deposited under section 74.
(2) Subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be con strued as references to authorisation to proceed with an application.
(3) In dealing under the said provisions with an application under this section, the Registrar or the High Court, as the case may be, 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.

Question: What does sub-section (1) of Section 71 state?

Answer: An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft for the regulations to be deposited under section 74.


Question: Under Section 71 (Application s for registratio n of certification trade marks), what is provided in sub-section (1)?

Answer: An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft for the regulations to be deposited under section 74.


Question: Under Section 71 (Application s for registratio n of certification trade marks), what is provided in sub-section (2)?

Answer: Subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be con strued as


Question: What is laid down in sub-section (2) of Section 71?

Answer: Subject to the provisions of section 70, the provisions of sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under section 18, subject to the modification that references therein to acceptance of an application shall be con strued as


Question: What is laid down in sub-section (3) of Section 71?

Answer: In dealing under the said provisions with an application under this section, the Registrar or the High Court, as the case may be, 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


Question: In Section 71, what does sub-section (3) say?

Answer: In dealing under the said provisions with an application under this section, the Registrar or the High Court, as the case may be, 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


Section 72: Consideration of application for registration by Registrar

Context:
(1) The Registrar shall consider the application made under section 71 with regard to the following matters, namely:—
(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered;
(b) whether the draft of the regulations to be filed under section 74 is satisfactory;
(c) whether in all the circumstances the registration applied for would be to the public advantage, and may either—
(i) refuse the application; or
(ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulati ons, which he thinks requisite having reg ard to any of the said matters. (2) Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub -section (1) without giving the applicant an opportunity of being heard.

Question: What does clause (a) of Section 72 state?

Answer: whether the applicant is competent to certify the goods in respect of which the mark is to be registered;


Question: Under Section 72 (Consideration of application for registration by Registrar), what is provided in clause (a)?

Answer: whether the applicant is competent to certify the goods in respect of which the mark is to be registered;


Question: Under Section 72 (Consideration of application for registration by Registrar), what is provided in clause (b)?

Answer: whether the draft of the regulations to be filed under section 74 is satisfactory;


Question: What is laid down in clause (b) of Section 72?

Answer: whether the draft of the regulations to be filed under section 74 is satisfactory;


Question: What is laid down in clause (c) of Section 72?

Answer: whether in all the circumstances the registration applied for would be to the public advantage, and may either—


Question: In Section 72, what does clause (c) say?

Answer: whether in all the circumstances the registration applied for would be to the public advantage, and may either—


Question: In Section 72, what does clause (i) say?

Answer: refuse the application


Question: What does clause (i) of Section 72 state?

Answer: refuse the application


Question: What does clause (ii) of Section 72 state?

Answer: accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulati ons, which he thinks requisite having reg ard to any of the said matters.


Question: Under Section 72 (Consideration of application for registration by Registrar), what is provided in clause (ii)?

Answer: accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulati ons, which he thinks requisite having reg ard to any of the said matters.


Section 73: Opposition to registratio n of certification trade marks

Context: When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed man ner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.

Question: What does Section 73 state about opposition to registratio n of certification trade marks?

Answer: When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed man ner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.


Question: Under Section 73, what is provided regarding opposition to registratio n of certification trade marks?

Answer: When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed man ner, and the provisions of section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under section 18.


Section 74: Filing of regulations governing use of a certification trade mark

Context:
(1) There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the Registrar may by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations); and regulations so filed shall be open to inspection in like manner as the register as provided in section 148.
(2) The regulat ions so filed may, on the application of the registered proprieto r, be altered by the Registrar.
(3) The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.

Question: What does sub-section (1) of Section 74 state?

Answer: There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark,


Question: Under Section 74 (Filing of regulations governing use of a certification trade mark), what is provided in sub-section (1)?

Answer: There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark,


Question: Under Section 74 (Filing of regulations governing use of a certification trade mark), what is provided in sub-section (2)?

Answer: The regulat ions so filed may, on the application of the registered proprieto r, be altered by the Registrar.


Question: What is laid down in sub-section (2) of Section 74?

Answer: The regulat ions so filed may, on the application of the registered proprieto r, be altered by the Registrar.


Question: What is laid down in sub-section (3) of Section 74?

Answer: The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an


Question: In Section 74, what does sub-section (3) say?

Answer: The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an


Section 75: Infringement of certification trade mark s

Context: The right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical with, or deceptively similar to the certification trade mark in relation to any goods or services in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken as being a use as a trade mark.

Question: What does Section 75 state about infringement of certification trade mark s?

Answer: The right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical


Question: Under Section 75, what is provided regarding infringement of certification trade mark s?

Answer: The right conferred by section 78 is infringed by any person who, not being the registered proprietor of the certification trade mark or a person authorised by him in that behalf under the regulations filed under section 74, using it in accordance therewith, uses in the course of trade, a mark, which is identical


Section 76: Acts not constituting infringemen t of certification trade marks

Context:
(1) Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered certification trade mark—
(a) where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available for acceptance in any place, country or territory or in any other circumstances, to which having regard to any such limitations, the registration does not extend;
(b) the use of a cert ification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authoris ation under the relevant regulations has applied the mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the mark;

Question: What does clause (a) of Section 76 state?

Answer: where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available


Question: Under Section 76 (Acts not constituting infringemen t of certification trade marks), what is provided in clause (a)?

Answer: where a certification trade mark is registered subject to any conditions or limitations entered on the register, the use of any such mark in any mode, in relation to goods to be sold or otherwise traded in any place, or in relation to goods to be exported to any market or in relation to services for use or available


Question: Under Section 76 (Acts not constituting infringemen t of certification trade marks), what is provided in clause (b)?

Answer: the use of a cert ification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authoris ation under the relevant regulations has applied the mark and has not


Question: What is laid down in clause (b) of Section 76?

Answer: the use of a cert ification trade mark in relation to goods or services certified by the proprietor of the mark if, as to those goods or services or a bulk of which they form part, the proprietor or another in accordance with his authoris ation under the relevant regulations has applied the mark and has not


Context:
(1) Notwithstanding anything contained in this Act, the following acts do not constitute an infringement of the right to the use of a registered certification trade mark—
(c) the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods or services are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods or services are certified by the proprietor. (2) Clause ( b) of sub -section (1) shall n ot apply to the case of use consisting of the application of a certification trade mark to goods or services, notwithstanding that they are such goods or services as are mentioned in that clause if such application is contrary to the regulations referred to in that clause. (3) Where a certification trade mark is one of two or more trade marks registered under this Act, which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mar k given by registration, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.

Question: What is laid down in clause (c) of Section 76?

Answer: the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in


Question: In Section 76, what does clause (c) say?

Answer: the use of a certification trade mark in relation to goods or services adapted to form part of, or to be accessory to, other goods in relation to which the mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in


Section 77: Cancellation or varying of registratio n of certification trade marks

Context:
The Registrar may, on the application in the pr escribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit for expunging or varying any entry in the register to a certification trade mark, or for varying the regula tions, on any of t he following grounds, namely:—
(a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;
(b) that the proprietor has failed to observe any provisions of the regulations to be observed on his part;
(c) that it is no longer to the public advantage that the mark should remain registered;
(d) that it is requisite for the public advantage that if the mark remains registered, th e regulations should be varied.

Question: What does clause (a) of Section 77 state?

Answer: that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;


Question: Under Section 77 (Cancellation or varying of registratio n of certification trade marks), what is provided in clause (a)?

Answer: that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;


Question: Under Section 77 (Cancellation or varying of registratio n of certification trade marks), what is provided in clause (b)?

Answer: that the proprietor has failed to observe any provisions of the regulations to be observed on his part;


Question: What is laid down in clause (b) of Section 77?

Answer: that the proprietor has failed to observe any provisions of the regulations to be observed on his part;


Question: What is laid down in clause (c) of Section 77?

Answer: that it is no longer to the public advantage that the mark should remain registered;


Question: In Section 77, what does clause (c) say?

Answer: that it is no longer to the public advantage that the mark should remain registered;


Question: In Section 77, what does clause (d) say?

Answer: that it is requisite for the public advantage that if the mark remains registered, th e regulations should be varied.


Question: What does clause (d) of Section 77 state?

Answer: that it is requisite for the public advantage that if the mark remains registered, th e regulations should be varied.


Section 78: Rights conferred by registratio n of certification trade marks

Context:
(1) Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in r espect of any goods or servi ces shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services.
(2) The exclusive right to the use of a certification trade mark given under sub -section
(1) shall be subject to any conditions and limitations to which the registration is subject. [CHAPTER X .—SPECIAL PROVISIONS FOR TEXTILE GOODS .—Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010), s. 7 (w.e.f. 8-7-2013). 2013).

Question: What does sub-section (1) of Section 78 state?

Answer: Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in r espect of any goods or servi ces shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services.


Question: Under Section 78 (Rights conferred by registratio n of certification trade marks), what is provided in sub-section (1)?

Answer: Subject to the provisions of sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in r espect of any goods or servi ces shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services.


Question: Under Section 78 (Rights conferred by registratio n of certification trade marks), what is provided in sub-section (2)?

Answer: The exclusive right to the use of a certification trade mark given under sub -section


Question: What is laid down in sub-section (2) of Section 78?

Answer: The exclusive right to the use of a certification trade mark given under sub -section


Question: What is laid down in sub-section (1) of Section 78?

Answer: shall be subject to any conditions and limitations to which the registration is subject.


Question: In Section 78, what does sub-section (1) say?

Answer: shall be subject to any conditions and limitations to which the registration is subject.


Section 91: Appeals to High Court

Context:
(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made t hereunder may prefer an appeal to the High Court 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.
(2) No appeal shall be admitted if it is preferred aft er the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the High Court that he had sufficient cause for not preferring th e appeal within the specified period.
(3) An appeal to the High Court 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.

Question: What does sub-section (1) of Section 91 state?

Answer: Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made t hereunder may prefer an appeal to the High Court 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.


Section 91: Appeals to High Court

Question: Under Section 91 (Appeals to High Court), what is provided in sub-section (1)?

Answer: Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made t hereunder may prefer an appeal to the High Court 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.