Question: What is laid down in sub-section (2) of Section 16?

Answer: Where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and services which are associated with those goods or services, or goods or services of that description, sub -section ( 1) shall


Section 16: Registration of trade m arks as associated trade marks

Context:
(3) Where a trade mark and any part thereof are, in accordance with the provisio ns of sub-section (1) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.
(4) All trade marks registered in accordance with the provisions of sub-section
(3) of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.
(5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of th e goods or services or both in respect of which it is registered, and may amend the register accordingly.

Question: What is laid down in sub-section (3) of Section 16?

Answer: Where a trade mark and any part thereof are, in accordance with the provisio ns of sub-section (1) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.


Question: In Section 16, what does sub-section (3) say?

Answer: Where a trade mark and any part thereof are, in accordance with the provisio ns of sub-section (1) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.


Question: In Section 16, what does sub-section (4) say?

Answer: All trade marks registered in accordance with the provisions of sub-section


Question: What does sub-section (4) of Section 16 state?

Answer: All trade marks registered in accordance with the provisions of sub-section


Question: What does sub-section (3) of Section 16 state?

Answer: of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.


Question: Under Section 16 (Registration of trade m arks as associated trade marks), what is provided in sub-section (3)?

Answer: of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.


Question: Under Section 16 (Registration of trade m arks as associated trade marks), what is provided in sub-section (5)?

Answer: On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark


Question: What is laid down in sub-section (5) of Section 16?

Answer: On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark


Section 18: Application for registration

Context:
(1) Any person claiming to be the proprietor of a trade mark used or proposed to be use d by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
(3) Every application under sub -section
(1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of busine ss in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate: Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.
(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitation s, if any, as he may think fit.

Question: What does sub-section (1) of Section 18 state?

Answer: Any person claiming to be the proprietor of a trade mark used or proposed to be use d by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.


Question: Under Section 18 (Application for registration), what is provided in sub-section (1)?

Answer: Any person claiming to be the proprietor of a trade mark used or proposed to be use d by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.


Question: Under Section 18 (Application for registration), what is provided in sub-section (2)?

Answer: A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.


Question: What is laid down in sub-section (2) of Section 18?

Answer: A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.


Question: What is laid down in sub-section (3) of Section 18?

Answer: Every application under sub -section


Question: In Section 18, what does sub-section (3) say?

Answer: Every application under sub -section


Question: In Section 18, what does sub-section (1) say?

Answer: shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of busine ss in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business


Question: What does sub-section (1) of Section 18 state?

Answer: shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of busine ss in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business


Question: What does sub-section (4) of Section 18 state?

Answer: Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitation s, if any, as he may think fit.


Question: Under Section 18 (Application for registration), what is provided in sub-section (4)?

Answer: Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitation s, if any, as he may think fit.


Context: (5) In the case of a re fusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

Question: Under Section 18 (Application for registration), what is provided in sub-section (5)?

Answer: In the case of a re fusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.


Question: What is laid down in sub-section (5) of Section 18?

Answer: In the case of a re fusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.


Section 20: Advertisement of application

Context:
(1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Regis trar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner: Provided that the Registrar may cause t he application to be advertised before acceptance if it relates to a trade mark to which sub-section (1) of section 9 and sub-sections (1) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any excep tional circumstances so to do. (2) Where—
(a) an application has been advertised before acceptance under sub-section (1); or
(b) after advertisement of an application,—
(i) an error in the application has been corrected; or
(ii) the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause
(b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.

Question: What does clause (a) of Section 20 state?

Answer: an application has been advertised before acceptance under sub-section (1)


Question: Under Section 20 (Advertisement of application), what is provided in clause (a)?

Answer: an application has been advertised before acceptance under sub-section (1)


Question: Under Section 20 (Advertisement of application), what is provided in clause (b)?

Answer: after advertisement of an application,—


Question: What is laid down in clause (b) of Section 20?

Answer: after advertisement of an application,—


Question: What is laid down in clause (i) of Section 20?

Answer: an error in the application has been corrected


Question: In Section 20, what does clause (i) say?

Answer: an error in the application has been corrected


Question: In Section 20, what does clause (ii) say?

Answer: the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause


Question: What does clause (ii) of Section 20 state?

Answer: the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause


Question: What does clause (b) of Section 20 state?

Answer: may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.


Question: Under Section 20 (Advertisement of application), what is provided in clause (b)?

Answer: may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.


Section 21: Opposition to registration

Context:
(1) Any person may, within four months from the date of the advertisement or re -advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.
(2) The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counterstatement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application.
(3) If the applicant sends such counter -statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.
(4) Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire.
(5) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not.

Question: What does sub-section (1) of Section 21 state?

Answer: Any person may, within four months from the date of the advertisement or re -advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.


Section 21: Opposition to registration

Question: Under Section 21 (Opposition to registration), what is provided in sub-section (1)?

Answer: Any person may, within four months from the date of the advertisement or re -advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.


Section 21: Opposition to registration

Question: Under Section 21 (Opposition to registration), what is provided in sub-section (2)?

Answer: The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counterstatement of the grounds on which he relies for his


Section 21: Opposition to registration

Question: What is laid down in sub-section (2) of Section 21?

Answer: The Registrar shall serve a copy of the notice on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counterstatement of the grounds on which he relies for his


Section 21: Opposition to registration

Question: What is laid down in sub-section (3) of Section 21?

Answer: If the applicant sends such counter -statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.


Section 21: Opposition to registration

Question: In Section 21, what does sub-section (3) say?

Answer: If the applicant sends such counter -statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.


Section 21: Opposition to registration

Question: In Section 21, what does sub-section (4) say?

Answer: Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire.


Section 21: Opposition to registration

Question: What does sub-section (4) of Section 21 state?

Answer: Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire.


Section 21: Opposition to registration

Question: What does sub-section (5) of Section 21 state?

Answer: The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not.


Section 21: Opposition to registration

Question: Under Section 21 (Opposition to registration), what is provided in sub-section (5)?

Answer: The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted, and may take into account a ground of objection whether relied upon by the opponent or not.


Section 21: Opposition to registration

Context:
(6) Where a person giving notice of opposition or an applicant sending a counter -statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may treat the opposition or application, as the case may be, as abandoned.
(7) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just.

Question: Under Section 21 (Opposition to registration), what is provided in sub-section (6)?

Answer: Where a person giving notice of opposition or an applicant sending a counter -statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may


Section 21: Opposition to registration

Question: What is laid down in sub-section (6) of Section 21?

Answer: Where a person giving notice of opposition or an applicant sending a counter -statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the costs of proceedings before him, and in default of such security being duly given, may


Section 21: Opposition to registration

Question: What is laid down in sub-section (7) of Section 21?

Answer: The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just.


Section 21: Opposition to registration

Question: In Section 21, what does sub-section (7) say?

Answer: The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he thinks just.


Section 22: Correction and amendment

Context: The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit a n amendment of the application: Provided that if an amendment is made to a single application referred to in sub -section (2) of section 18 involving division of such application into two or more applications, the date of making of the initial application shall be deemed to be the date of making of the divided applications so divided.

Question: What does Section 22 state about correction and amendment?

Answer: The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit a n amendment of the application


Section 22: Correction and amendment

Question: Under Section 22, what is provided regarding correction and amendment?

Answer: The Registrar may, on such terms as he thinks just, at any time, whether before or after acceptance of an application for registration under section 18, permit the correction of any error in or in connection with the application or permit a n amendment of the application


Section 23: Registration

Context:
(1) Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and the opposition has been deci ded in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark within eighteen months of the filing of the application and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration.
(2) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.
(3) Where registration of a trade mark is not comple ted within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.

Question: What does sub-section (1) of Section 23 state?

Answer: Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired


Section 23: Registration

Question: Under Section 23 (Registration), what is provided in sub-section (1)?

Answer: Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either— (a) the application has not been opposed and the time for notice of opposition has expired


Section 23: Registration

Question: Under Section 23 (Registration), what is provided in sub-section (2)?

Answer: On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.


Section 23: Registration

Question: What is laid down in sub-section (2) of Section 23?

Answer: On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.


Section 23: Registration

Question: What is laid down in sub-section (3) of Section 23?

Answer: Where registration of a trade mark is not comple ted within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time


Section 23: Registration

Question: In Section 23, what does sub-section (3) say?

Answer: Where registration of a trade mark is not comple ted within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time


Section 23: Registration

Question: In Section 23, what does sub-section (4) say?

Answer: The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.


Section 23: Registration

Question: What does sub-section (4) of Section 23 state?

Answer: The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.


Section 24: Jointly owned trade marks

Context:
(1) Save as provided in sub -section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so as to use it, as joint proprietors thereof.
(2) Where the relations between two or more persons interested in a trade mar k are such that no one of them is entitled as between himself and the other or others of them to use it except— (a) on behalf of both or all of them; or\ (b) in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.

Question: What does sub-section (1) of Section 24 state?

Answer: Save as provided in sub -section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so as to use it, as joint proprietors thereof.


Section 24: Jointly owned trade marks

Question: Under Section 24 (Jointly owned trade marks), what is provided in sub-section (1)?

Answer: Save as provided in sub -section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so as to use it, as joint proprietors thereof.


Section 24: Jointly owned trade marks

Question: Under Section 24 (Jointly owned trade marks), what is provided in sub-section (2)?

Answer: Where the relations between two or more persons interested in a trade mar k are such that no one of them is entitled as between himself and the other or others of them to use it except— (a) on behalf of both or all of them


Section 24: Jointly owned trade marks

Question: What is laid down in sub-section (2) of Section 24?

Answer: Where the relations between two or more persons interested in a trade mar k are such that no one of them is entitled as between himself and the other or others of them to use it except— (a) on behalf of both or all of them


Section 28: Ri ghts conferred by registration

Context:
(1) Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in t he manner provided by this Act.
(2) The exclusive right to the use of a trade mark given under sub -section
(1) shall be subject to any conditions and limitations to which the registration is subject.
(3) Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to have been acquired by any one of those persons as against any other of those persons merely by registration of the trade marks but each of those persons has otherwise the same rights as against other persons (not being registered users using by way of permitted use) as he would have if he were the sole registered proprietor.

Question: What does sub-section (1) of Section 28 state?

Answer: Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of


Question: Under Section 28 (Ri ghts conferred by registration), what is provided in sub-section (1)?

Answer: Subject to the other provisions of this Act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of


Question: Under Section 28 (Ri ghts conferred by registration), what is provided in sub-section (2)?

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


Question: What is laid down in sub-section (2) of Section 28?

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


Question: What is laid down in sub-section (1) of Section 28?

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


Question: In Section 28, what does sub-section (1) say?

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


Question: In Section 28, what does sub-section (3) say?

Answer: Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to


Question: What does sub-section (3) of Section 28 state?

Answer: Where two or more persons are registered proprietors of trade marks, which are identical with or nearly resemble each other, the exclusive right to the use of any of those trade marks shall not (except so far as their respective rights are subject to any conditions or limitations entered on the register) be deemed to


Section 29: Infringement of registered trade marks

Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(a) its identity with the registere d trade mark and the similarity of the goods or services covered by such registered trade mark; or
(b) its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark; or

Question: What does clause (a) of Section 29 state?

Answer: its identity with the registere d trade mark and the similarity of the goods or services covered by such registered trade mark


Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (a)?

Answer: its identity with the registere d trade mark and the similarity of the goods or services covered by such registered trade mark


Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (b)?

Answer: its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark


Question: What is laid down in clause (b) of Section 29?

Answer: its similarity to the registered trade mark and the identity or similarity of the goods or services covered by such registered trade mark


Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(c) its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark. (3) In a ny case falling under clause ( c) of sub -section (2), the court shall presume that it is likely to cause confusion on the part of the public. (4) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which—
(a) is identical with or similar to the registered trade mark; and
(b) is used in relation to goods or services which are not similar to those for which the trade mark is registered; and

Question: What is laid down in clause (c) of Section 29?

Answer: its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.


Question: In Section 29, what does clause (c) say?

Answer: its identity with the registered trade mark and the identity of the goods or services covered by such registered trade mark, is likely to cause confusion on the part of the public, or which is likely to have an association with the registered trade mark.


Question: In Section 29, what does clause (a) say?

Answer: is identical with or similar to the registered trade mark


Question: What does clause (a) of Section 29 state?

Answer: is identical with or similar to the registered trade mark


Question: What does clause (b) of Section 29 state?

Answer: is used in relation to goods or services which are not similar to those for which the trade mark is registered


Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (b)?

Answer: is used in relation to goods or services which are not similar to those for which the trade mark is registered


Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(c) the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark. (5) A registered trade mark is infringed by a pers on if he uses such registered trade mark, as his trade name or part of his trade name, or name of his business concern or part of the name , of his business concern dealing in goods or services in respect of which the trade mark is registered. (6) For the purposes of this section, a person uses a registered mark, if, in particular, he—
(a) affixes it to goods or the packaging thereof;

Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (c)?

Answer: the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.


Question: What is laid down in clause (c) of Section 29?

Answer: the registered trade mark has a reputation in India and the use of the mark without due cause takes unfair advantage of or is detrimental to, the distinctive character or repute of the registered trade mark.


Question: What is laid down in clause (a) of Section 29?

Answer: affixes it to goods or the packaging thereof;


Question: In Section 29, what does clause (a) say?

Answer: affixes it to goods or the packaging thereof;


Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(b) offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;
(c) imports or exports goods under the mark; or

Question: In Section 29, what does clause (b) say?

Answer: offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;


Question: What does clause (b) of Section 29 state?

Answer: offers or exposes goods for sale, puts them on the market, or stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark;


Question: What does clause (c) of Section 29 state?

Answer: imports or exports goods under the mark


Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (c)?

Answer: imports or exports goods under the mark


Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(d) uses the registered trade mark on business papers or in advertising. (7) A registered trade mark is infringed by a person who applies s uch registered trade mark to a material intended to be used for labeling or packaging goods, as a business paper, or for advertising goods or services, provided such person, when he applied the mark, knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. (8) A registered trade mark is infringed by any advertising of that trade mark if such advertising—
(a) takes unfair advantage of and is contrary to honest practices in indus trial or commercia l matters; or
(b) is detrimental to its distinctive character; or

Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (d)?

Answer: uses the registered trade mark on business papers or in advertising.


Question: What is laid down in clause (d) of Section 29?

Answer: uses the registered trade mark on business papers or in advertising.


Question: What is laid down in clause (a) of Section 29?

Answer: takes unfair advantage of and is contrary to honest practices in indus trial or commercia l matters


Question: In Section 29, what does clause (a) say?

Answer: takes unfair advantage of and is contrary to honest practices in indus trial or commercia l matters


Question: In Section 29, what does clause (b) say?

Answer: is detrimental to its distinctive character


Question: What does clause (b) of Section 29 state?

Answer: is detrimental to its distinctive character


Context:
(1) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with, or deceptively similar to, the trade mark in relation to goods or services in respect of which the trade mark is registered and in such manner as to render the use of the mark likely to be taken as being used as a trade mark. (2) A registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which because of—
(c) is against the reputation of the trade mark. (9) Where the distinctive elements of a registered trade mark consist of or include words, the trade mark may be infringed by the spoken use of those words as well as by their visual representation and reference in this section to the use of a mark shall be construed accordingly.

Question: What does clause (c) of Section 29 state?

Answer: is against the reputation of the trade mark.


Question: Under Section 29 (Infringement of registered trade marks), what is provided in clause (c)?

Answer: is against the reputation of the trade mark.


Section 30: Limits on e ffect of registered trade mark

Context:
(1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use—
(a) is in accordance with honest practices in industrial or commercial matters, and
(b) is not such as to take unfair adva ntage of or be detrimental to the distinctive charact er or repute of the trade mark. (2) A registered trade mark is not infringed where—
(a) the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographic al origin, the time of production of goods or of rendering of services or other characteristics of goods or services;
(b) a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, 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 or country outside India or in any other circumstances, to which, having regard to those conditions or limitations, the registration does not extend;
(c) the use by a person of a trade mark—

Question: What does clause (a) of Section 30 state?

Answer: is in accordance with honest practices in industrial or commercial matters, and


Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (a)?

Answer: is in accordance with honest practices in industrial or commercial matters, and


Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (b)?

Answer: is not such as to take unfair adva ntage of or be detrimental to the distinctive charact er or repute of the trade mark.


Question: What is laid down in clause (b) of Section 30?

Answer: is not such as to take unfair adva ntage of or be detrimental to the distinctive charact er or repute of the trade mark.


Question: What is laid down in clause (a) of Section 30?

Answer: the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographic al origin, the time of production of goods or of rendering of services or other characteristics of goods or services;


Question: In Section 30, what does clause (a) say?

Answer: the use in relation to goods or services indicates the kind, quality, quantity, intended purpose, value, geographic al origin, the time of production of goods or of rendering of services or other characteristics of goods or services;


Question: In Section 30, what does clause (b) say?

Answer: a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, 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 or country


Question: What does clause (b) of Section 30 state?

Answer: a trade mark is registered subject to any conditions or limitations, the use of the trade mark in any manner in relation to goods to be sold or otherwise traded in, 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 or country


Question: What does clause (c) of Section 30 state?

Answer: the use by a person of a trade mark—


Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (c)?

Answer: the use by a person of a trade mark—


Context:
(1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use—
(i) in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bul k of which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or obliterated it, or has at any time expressly or impliedly consented t o the use of the trade mark; or
(ii) in relation to services to which the proprietor of such mark or of a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of the mark;

Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (i)?

Answer: in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bul k of which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or


Question: What is laid down in clause (i) of Section 30?

Answer: in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark if, as to those goods or a bul k of which they form part, the registered proprietor or the registered user conforming to the permitted use has applied the trade mark and has not subsequently removed or


Question: What is laid down in clause (ii) of Section 30?

Answer: in relation to services to which the proprietor of such mark or of a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of


Question: In Section 30, what does clause (ii) say?

Answer: in relation to services to which the proprietor of such mark or of a registered user conforming to the permitted use has applied the mark, where the purpose and effect of the use of the mark is to indicate, in accordance with the fact, that those services have been performed by the proprietor or a registered user of


Context:
(1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use—
(d) the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark is reasonably necessary in order to indicate that the goods or services are so adapted, and neit her the purpose nor the effect of the use of the trade mark is to indicate, otherwise than in accordance with the fact, a connection in the course of trade between any person and the goods or services, as the case may be;
(e) the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act. (3) Where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under or through him is not infringement of a trade mark by reason only of—

Question: In Section 30, what does clause (d) say?

Answer: the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark


Question: What does clause (d) of Section 30 state?

Answer: the use of a trade mark by a person in relation to goods adapted to form part of, or to be accessory to, other goods or services in relation to which the trade mark has been used without infringement of the right given by registration under this Act or might for the time being be so used, if the use of the trade mark


Question: What does clause (e) of Section 30 state?

Answer: the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act.


Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (e)?

Answer: the use of a registered trade mark, being one of two or more trade marks registered under this Act which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration under this Act.


Context:
(1) Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use—
(a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods; or
(b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent. (4) Sub-section (3) shall not apply where there exists legitimate reasons for the proprietor to oppose further dealings in the goods in particular, where the condition of the goods , has been changed or impaired after they have been put on the market.

Question: Under Section 30 (Limits on e ffect of registered trade mark), what is provided in clause (a)?

Answer: the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods


Question: What is laid down in clause (a) of Section 30?

Answer: the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods


Question: What is laid down in clause (b) of Section 30?

Answer: the goods having been put on the market under the registered trade mark by the proprietor or with his consent.


Question: In Section 30, what does clause (b) say?

Answer: the goods having been put on the market under the registered trade mark by the proprietor or with his consent.


Section 31: Registration to be prima facie evidence of validity

Context:
(1) In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.
(2) In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence o f distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.

Question: What does sub-section (1) of Section 31 state?

Answer: In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.


Question: Under Section 31 (Registration to be prima facie evidence of validity), what is provided in sub-section (1)?

Answer: In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.


Question: Under Section 31 (Registration to be prima facie evidence of validity), what is provided in sub-section (2)?

Answer: In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence o f distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade


Question: What is laid down in sub-section (2) of Section 31?

Answer: In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence o f distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade


Section 32: Protection of registration on ground of di stinctiveness in certain cases

Context: Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive character in relation to the goods or services for which it is registered.

Question: What does Section 32 state about protection of registration on ground of di stinctiveness in certain cases?

Answer: Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive


Question: Under Section 32, what is provided regarding protection of registration on ground of di stinctiveness in certain cases?

Answer: Where a trade mark is registered in breach of sub-section (1) of section 9, it shall not be declared invalid if, in consequence of the use which has been made of it, it has after registration and before commencement of any legal proceedings challenging the validity of such registration, acquired a distinctive


Section 34: Saving for vested rights

Context: Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously used that trade mark from a date prior— (a) to the use of the first -mentioned trade mark in relation to those g oods or services by the proprietor or a predecessor in title of his; or (b) to the da te of registration of the first -mentioned trade mark in respect of those goods or services in the name of the proprietor of a predecessor in title of his; whichever is the earlier, and the Registrar shall not refuse (on such use being proved) to register the second mentioned trade mark by reason only of the registration of the first-mentioned trade mark.

Question: What does Section 34 state about saving for vested rights?

Answer: Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously


Section 34: Saving for vested rights

Question: Under Section 34, what is provided regarding saving for vested rights?

Answer: Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title of his has continuously


Section 35: Saving for use of name, address or de scription of goods or service s

Context: Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, o f any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.

Question: What does Section 35 state about saving for use of name, address or de scription of goods or service s?

Answer: Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, o f any of his predecessors in business, or the use by any person


Question: Under Section 35, what is provided regarding saving for use of name, address or de scription of goods or service s?

Answer: Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, o f any of his predecessors in business, or the use by any person


Section 36: Saving for words used as name or description of an a rticle or substance or service

Context:
(1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which it consists as the name or description of an article or substance or service: Provided that, if it is proved either—
(a) that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) in relation to goods or services certified by the proprietor; or
(b) that the article or substance was formerly manufact ured under a patent that a period of two years or more after the c esser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply. (2) Where the facts mentioned in clause ( a) or clause
(b) of the proviso to sub -section (1) are proved with respect to any words, then,—

Question: What does clause (a) of Section 36 state?

Answer: that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark


Question: Under Section 36 (Saving for words used as name or description of an a rticle or substance or service), what is provided in clause (a)?

Answer: that there is a well known and established use of the said word as the name or description of the article or substance or service by a person or persons carrying on trade therein, not being use in relation to goods or services connected in the course of trade with the proprietor or a registered user of the trade mark


Question: Under Section 36 (Saving for words used as name or description of an a rticle or substance or service), what is provided in clause (b)?

Answer: that the article or substance was formerly manufact ured under a patent that a period of two years or more after the c esser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply.


Question: What is laid down in clause (b) of Section 36?

Answer: that the article or substance was formerly manufact ured under a patent that a period of two years or more after the c esser of the patent has elapsed and that the said word is the only practicable name or description of the article or substance, the provisions of sub-section (2) shall apply.


Question: What is laid down in clause (b) of Section 36?

Answer: of the proviso to sub -section (1) are proved with respect to any words, then,—


Question: In Section 36, what does clause (b) say?

Answer: of the proviso to sub -section (1) are proved with respect to any words, then,—


Context:
(1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which it consists as the name or description of an article or substance or service: Provided that, if it is proved either—
(a) for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the re gistration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same description, as the case requires, shall be deemed to be an entry wro ngly remaining on the register;
(b) for the purposes of any other legal proceedings relating to the trade mark,—
(i) if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark; or

Question: In Section 36, what does clause (a) say?

Answer: for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the re gistration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same


Question: What does clause (a) of Section 36 state?

Answer: for the purposes of any proceedings under section 57 if the trade mark consists solely of such words, the re gistration of the trade mark, so far as regards registration in respect of the article or substance in question or of any goods of the same description, or of the services or of any services of the same


Question: What does clause (b) of Section 36 state?

Answer: for the purposes of any other legal proceedings relating to the trade mark,—


Question: Under Section 36 (Saving for words used as name or description of an a rticle or substance or service), what is provided in clause (b)?

Answer: for the purposes of any other legal proceedings relating to the trade mark,—


Question: Under Section 36 (Saving for words used as name or description of an a rticle or substance or service), what is provided in clause (i)?

Answer: if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark


Question: What is laid down in clause (i) of Section 36?

Answer: if the trade mark consists solely of such words, all rights of the proprietor under this Act or any other law to the use of the trade mark


Context:
(1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which it consists as the name or description of an article or substance or service: Provided that, if it is proved either—
(ii) if the t rade mark contains such words and other matter, all such right of the propr ietor to the use of such words, in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the date on which the use mentioned in clause ( a) of the proviso to sub -section ( 1) first became well known and established or at the expiration of the period of two years mentioned in clause
(b) of the said proviso.

Question: What is laid down in clause (ii) of Section 36?

Answer: if the t rade mark contains such words and other matter, all such right of the propr ietor to the use of such words, in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the


Question: In Section 36, what does clause (ii) say?

Answer: if the t rade mark contains such words and other matter, all such right of the propr ietor to the use of such words, in relation to the article or substance or to any goods of the same description, or to the service or to any services of the same description, as the case requires, shall be deemed to have ceased on the


Question: In Section 36, what does clause (b) say?

Answer: of the said proviso.


Question: What does clause (b) of Section 36 state?

Answer: of the said proviso.


Section 36B: Definitions

Context:
In this Chapter, unless the context otherwise requires,—
(a) “application”, in relation to a Contract ing State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation, as the case may be. Explanation.—For the purposes of this clause, “real and effective industrial or commercial establishment” means and includes any establishment where some bona fide industrial or commercial activity takes place and need not necessarily be the principal place of business;
(b) “basic application” means an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;
(c) “basic registration” means the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;
(d) “Common Regulations” means the Regulations concerning the implementation of the Madrid Protocol;
(e) “Contractin g Organisation” means a Contracting Party that is an intergovernmental organisation;
(f) “Contracting Party” means a Contracting State or Contracting Organisation party to the Madrid Protocol;
(g) “Contracting State” means a country party to the Madrid Protocol;

Question: What does clause (a) of Section 36B state?

Answer: “application”, in relation to a Contract ing State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation,


Section 36B: Definitions

Question: Under Section 36B (Definitions), what is provided in clause (a)?

Answer: “application”, in relation to a Contract ing State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State which is a member of that Contracting Organisation,


Section 36B: Definitions

Question: What does "basic application" mean under Section 36B?

Answer: an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;


Section 36B: Definitions

Question: How is "basic application" defined in Section 36B?

Answer: an application for the registration of a trade mark filed under section 18 and which is used as a basis for applying for an international registration;


Section 36B: Definitions

Question: What does "basic registration" mean under Section 36B?

Answer: the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;


Section 36B: Definitions

Question: How is "basic registration" defined in Section 36B?

Answer: the registration of a trade mark under section 23 and which is used as a basis for applying for an international registration;


Section 36B: Definitions

Question: What does "Common Regulations" mean under Section 36B?

Answer: the Regulations concerning the implementation of the Madrid Protocol;


Section 36B: Definitions

Question: How is "Common Regulations" defined in Section 36B?

Answer: the Regulations concerning the implementation of the Madrid Protocol;


Section 36B: Definitions

Question: What does "Contractin g Organisation" mean under Section 36B?

Answer: a Contracting Party that is an intergovernmental organisation;


Section 36B: Definitions

Question: How is "Contractin g Organisation" defined in Section 36B?

Answer: a Contracting Party that is an intergovernmental organisation;


Section 36B: Definitions

Question: What does "Contracting Party" mean under Section 36B?

Answer: a Contracting State or Contracting Organisation party to the Madrid Protocol;


Section 36B: Definitions

Question: How is "Contracting Party" defined in Section 36B?

Answer: a Contracting State or Contracting Organisation party to the Madrid Protocol;


Section 36B: Definitions

Question: What does "Contracting State" mean under Section 36B?

Answer: a country party to the Madrid Protocol;


Section 36B: Definitions

Question: How is "Contracting State" defined in Section 36B?

Answer: a country party to the Madrid Protocol;


Section 36B: Definitions

Context:
In this Chapter, unless the context otherwise requires,—
(h) “international application” means an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;
(i) “International Bureau” m eans the International Bureau of the World Intellectual Property Organisation;
(j) “international registration” means the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;
(k) “Madrid Agreement” means the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;
(l) “Madrid Protocol” means the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.

Question: What does "international application" mean under Section 36B?

Answer: an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;


Section 36B: Definitions

Question: How is "international application" defined in Section 36B?

Answer: an application for international registration or for extension of the protection resulting from an international registration to any Contracting Party made under the Madrid Protocol;


Section 36B: Definitions

Question: What does clause (i) of Section 36B state?

Answer: “International Bureau” m eans the International Bureau of the World Intellectual Property Organisation;


Section 36B: Definitions

Question: Under Section 36B (Definitions), what is provided in clause (i)?

Answer: “International Bureau” m eans the International Bureau of the World Intellectual Property Organisation;


Section 36B: Definitions

Question: What does "international registration" mean under Section 36B?

Answer: the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;


Section 36B: Definitions

Question: How is "international registration" defined in Section 36B?

Answer: the registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol;


Section 36B: Definitions

Question: What does "Madrid Agreement" mean under Section 36B?

Answer: the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;


Section 36B: Definitions

Question: How is "Madrid Agreement" defined in Section 36B?

Answer: the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 14th day of April, 1891, as subsequently revised and amended;


Section 36B: Definitions

Question: What does "Madrid Protocol" mean under Section 36B?

Answer: the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.


Section 36B: Definitions

Question: How is "Madrid Protocol" defined in Section 36B?

Answer: the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time.


Section 36C: Trade Marks Registry to deal with international applications

Context: Notwithstanding anything contained in sub-section (3) of section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify.

Question: What does Section 36C state about trade Marks Registry to deal with international applications?

Answer: Notwithstanding anything contained in sub-section (3) of section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify.


Question: Under Section 36C, what is provided regarding trade Marks Registry to deal with international applications?

Answer: Notwithstanding anything contained in sub-section (3) of section 5, an international application shall be dealt with by the head office of the Trade Marks Registry or such branch office of the Registry, as the Central Government may, by notification in the Official Gazette, specify.


Section 36D: International application originating from In dia

Context:
(1) Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of that trade mark.
(2) A person holding an international registration may make an international application on the form prescribed by the Common Regulations for extension of the protection resulting from such registration to any other Contracting Party.
(3) An international application under sub -section ( 1) or sub -section ( 2) shall designate the Contracting Parties where the protection resulting from the international registration is required.

Question: What does sub-section (1) of Section 36D state?

Answer: Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of that trade


Question: Under Section 36D (International application originating from In dia), what is provided in sub-section (1)?

Answer: Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of that trade


Question: Under Section 36D (International application originating from In dia), what is provided in sub-section (2)?

Answer: A person holding an international registration may make an international application on the form prescribed by the Common Regulations for extension of the protection resulting from such registration to any other Contracting Party.


Question: What is laid down in sub-section (2) of Section 36D?

Answer: A person holding an international registration may make an international application on the form prescribed by the Common Regulations for extension of the protection resulting from such registration to any other Contracting Party.


Question: What is laid down in sub-section (3) of Section 36D?

Answer: An international application under sub -section ( 1) or sub -section ( 2) shall designate the Contracting Parties where the protection resulting from the international registration is required.


Question: In Section 36D, what does sub-section (3) say?

Answer: An international application under sub -section ( 1) or sub -section ( 2) shall designate the Contracting Parties where the protection resulting from the international registration is required.


Context: (4) Th e Registrar shall certify in the prescribed manner that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the application under section 18 or the registration under section 23, and shall indicate the date and number of that application or the date and number of that registration as well as the date and number of the application from which that registration resulted, as the case may be, and shall within the prescribed period, forward the international application to the International Bureau for registration, also indicating the date of the international application.

Question: In Section 36D, what does sub-section (4) say?

Answer: Th e Registrar shall certify in the prescribed manner that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the application under section 18 or the registration under section 23, and shall indicate the date and number of that


Question: What does sub-section (4) of Section 36D state?

Answer: Th e Registrar shall certify in the prescribed manner that the particulars appearing in the international application correspond to the particulars appearing, at the time of the certification, in the application under section 18 or the registration under section 23, and shall indicate the date and number of that


Context:
(5) Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the application under section 18 or the registration under section 23, as the case may be, has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration shall cease to have effect: Provided that where an appeal is made against the decision of registration and an action requesting for withdrawal of application or an opposition to the application has been initiated before the expiry of the period of five years of an international registration, any final decision resulting into withdrawal, cancellation, expiration or refusal shall be deemed to have taken place before the expiry of five years of the international registration.
(6) The Registrar shall, during the period of five years beginning with the date of international registration, transmit to the International Bureau every information referred to in sub-section (5).
(7) The Registrar shall notify the International Bureau the cancellation to be effected to an international registration keeping in view the current status of the basic application or the basic registration, as the case may be.

Question: What does sub-section (5) of Section 36D state?

Answer: Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the application under section 18 or the registration under section 23, as the case may be, has been withdrawn or cancelled or has expired or has been


Question: Under Section 36D (International application originating from In dia), what is provided in sub-section (5)?

Answer: Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the application under section 18 or the registration under section 23, as the case may be, has been withdrawn or cancelled or has expired or has been


Question: Under Section 36D (International application originating from In dia), what is provided in sub-section (6)?

Answer: The Registrar shall, during the period of five years beginning with the date of international registration, transmit to the International Bureau every information referred to in sub-section (5).


Question: What is laid down in sub-section (6) of Section 36D?

Answer: The Registrar shall, during the period of five years beginning with the date of international registration, transmit to the International Bureau every information referred to in sub-section (5).


Question: What is laid down in sub-section (7) of Section 36D?

Answer: The Registrar shall notify the International Bureau the cancellation to be effected to an international registration keeping in view the current status of the basic application or the basic registration, as the case may be.


Question: In Section 36D, what does sub-section (7) say?

Answer: The Registrar shall notify the International Bureau the cancellation to be effected to an international registration keeping in view the current status of the basic application or the basic registration, as the case may be.


Section 36E: International registrations where India has been designated

Context:
(1) The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner.
(2) Where, after recording the particulars of any international registration referred to in sub-section (1), the Registrar is satisfied that in the circumstances of the case the protection of trade mark in India should not be granted or such protection should be granted subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the international registration has been accepted, he may, after hearing the applicant if he so desires, refuse grant of protection and inform the International Bureau in the prescribed manner within eighteen months from the date on which the advice referred to in sub-section
(1) was received.
(3) Where the Registrar finds nothing in the particulars of an international registration to refuse grant of protection under sub -section ( 2), he shall within the prescribed period cause such international registration to be advertised in the prescribed manner.

Question: What does sub-section (1) of Section 36E state?

Answer: The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner.


Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (1)?

Answer: The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner.


Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (2)?

Answer: Where, after recording the particulars of any international registration referred to in sub-section (1), the Registrar is satisfied that in the circumstances of the case the protection of trade mark in India should not be granted or such protection should be granted subject to conditions or limitations or to


Question: What is laid down in sub-section (2) of Section 36E?

Answer: Where, after recording the particulars of any international registration referred to in sub-section (1), the Registrar is satisfied that in the circumstances of the case the protection of trade mark in India should not be granted or such protection should be granted subject to conditions or limitations or to


Question: What is laid down in sub-section (1) of Section 36E?

Answer: was received.


Question: In Section 36E, what does sub-section (1) say?

Answer: was received.


Question: In Section 36E, what does sub-section (3) say?

Answer: Where the Registrar finds nothing in the particulars of an international registration to refuse grant of protection under sub -section ( 2), he shall within the prescribed period cause such international registration to be advertised in the prescribed manner.


Question: What does sub-section (3) of Section 36E state?

Answer: Where the Registrar finds nothing in the particulars of an international registration to refuse grant of protection under sub -section ( 2), he shall within the prescribed period cause such international registration to be advertised in the prescribed manner.


Context:
(4) The provisions of sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under section 18.
(5) When the protection of an international registration has not been opposed and the time for notice of opposition has expired, the Registrar shall within a period of eighteen months of the receipt of advice under sub-section
(1) notify the International Bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the Registrar fails to notify the International Bureau, it shall be deemed that the protection has been extended to the trade mark.
(6) Where a registered proprietor of a trade mark makes an international registration of that trade mark and designates India, the international registration from the date of the registration shall be deemed to replace the registration held in India without prejudice to any right acquired under such previously held registration and the Registrar shall, upon request by the applicant, make necessary entry in the register referred to in sub-section
(1) of section 6.

Question: What does sub-section (4) of Section 36E state?

Answer: The provisions of sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under section 18.


Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (4)?

Answer: The provisions of sections 9 to 21 (both inclusive), 63 and 74 shall apply mutatis mutandis in relation to an international registration as if such international registration was an application for registration of a trade mark under section 18.


Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (5)?

Answer: When the protection of an international registration has not been opposed and the time for notice of opposition has expired, the Registrar shall within a period of eighteen months of the receipt of advice under sub-section


Question: What is laid down in sub-section (5) of Section 36E?

Answer: When the protection of an international registration has not been opposed and the time for notice of opposition has expired, the Registrar shall within a period of eighteen months of the receipt of advice under sub-section


Question: What is laid down in sub-section (1) of Section 36E?

Answer: notify the International Bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the Registrar fails to notify the International Bureau, it shall be deemed that the protection has been extended to the trade mark.


Question: In Section 36E, what does sub-section (1) say?

Answer: notify the International Bureau its acceptance of extension of protection of the trade mark under such international registration and, in case the Registrar fails to notify the International Bureau, it shall be deemed that the protection has been extended to the trade mark.


Question: In Section 36E, what does sub-section (6) say?

Answer: Where a registered proprietor of a trade mark makes an international registration of that trade mark and designates India, the international registration from the date of the registration shall be deemed to replace the registration held in India without prejudice to any right acquired under such previously held


Question: What does sub-section (6) of Section 36E state?

Answer: Where a registered proprietor of a trade mark makes an international registration of that trade mark and designates India, the international registration from the date of the registration shall be deemed to replace the registration held in India without prejudice to any right acquired under such previously held


Question: What does sub-section (1) of Section 36E state?

Answer: of section 6.


Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (1)?

Answer: of section 6.


Context:
(7) A holder of international registra tion of a trade mark who designates India and who has not been extended protection in India shall have the same remedy which is available to any person making an application for the registration of a trade mark under section 18 and which has not resulted i n registration under section 23.
(8) Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the related basic application or, as the case may be, the basic registration in a Contracting Party other than India has been withdrawn or cancelled or has expired or has been finally refused in respect of all or some of the goods or services listed in the international registration, the protection resulting from such international registration in India shall cease to have effect.

Question: Under Section 36E (International registrations where India has been designated), what is provided in sub-section (7)?

Answer: A holder of international registra tion of a trade mark who designates India and who has not been extended protection in India shall have the same remedy which is available to any person making an application for the registration of a trade mark under section 18 and which has not resulted i n registration under


Question: What is laid down in sub-section (7) of Section 36E?

Answer: A holder of international registra tion of a trade mark who designates India and who has not been extended protection in India shall have the same remedy which is available to any person making an application for the registration of a trade mark under section 18 and which has not resulted i n registration under


Question: What is laid down in sub-section (8) of Section 36E?

Answer: Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the related basic application or, as the case may be, the basic registration in a Contracting Party other than India has been withdrawn or cancelled


Question: In Section 36E, what does sub-section (8) say?

Answer: Where at any time before the expiry of a period of five years of an international registration, whether such registration has been transferred to another person or not, the related basic application or, as the case may be, the basic registration in a Contracting Party other than India has been withdrawn or cancelled


Section 36F: Effects of international registration

Context:
(1) From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the trade mark in India shall be the same as if the trade mark had been registered in India.
(2) The indication of classes of goods and services given by the applicant shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark.

Question: What does sub-section (1) of Section 36F state?

Answer: From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the trade mark in India


Question: Under Section 36F (Effects of international registration), what is provided in sub-section (1)?

Answer: From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the trade mark in India


Question: Under Section 36F (Effects of international registration), what is provided in sub-section (2)?

Answer: The indication of classes of goods and services given by the applicant shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark.


Question: What is laid down in sub-section (2) of Section 36F?

Answer: The indication of classes of goods and services given by the applicant shall not bind the Registrar with regard to the determination of the scope of the protection of the trade mark.


Section 36G: Duration and renewal of international registration

Context:
(1) The i nternational registration of a trade mark at the International Bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period.
(2) Subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal of the international registration.

Question: What does sub-section (1) of Section 36G state?

Answer: The i nternational registration of a trade mark at the International Bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period.


Question: Under Section 36G (Duration and renewal of international registration), what is provided in sub-section (1)?

Answer: The i nternational registration of a trade mark at the International Bureau shall be for a period of ten years and may be renewed for a period of ten years from the expiry of the preceding period.


Question: Under Section 36G (Duration and renewal of international registration), what is provided in sub-section (2)?

Answer: Subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal of the international registration.


Question: What is laid down in sub-section (2) of Section 36G?

Answer: Subject to payment of a surcharge prescribed by the rules, a grace period of six months shall be allowed for renewal of the international registration.


Section 37: Power of registered propriet or to assign and give receipts

Context: The person for the time being entered in the register as propr ietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.

Question: What does Section 37 state about power of registered propriet or to assign and give receipts?

Answer: The person for the time being entered in the register as propr ietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.


Question: Under Section 37, what is provided regarding power of registered propriet or to assign and give receipts?

Answer: The person for the time being entered in the register as propr ietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give effectual receipts for any consideration for such assignment.


Section 38: Assignability and transmissibi lity of registered trade marks

Context: 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 registered or of some o nly of those goods or services.

Question: What does Section 38 state about 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