Question: What does subsection (2) of Section 146 provide?

Answer: Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India


Section 146: Power of Controller to call for information from patentees

Context:
(1) The Controller may, at any time during the continuance of the patent, by notice in writing, require a patentee or a licensee, exclusive or otherwise, to furnish to him within two months from the date of such notice or within such further time as the Controller may allow, such information or such periodical statements as to the extent to which the patented invention has been commercially worked in India as may be specified in the notice.
(2) Without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as may be prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India.
(3) The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed.

Question: In Section 146, what is without prejudice to the provisions of sub-section (1), every patentee and every licensee (whether exclusive or otherwise) shall furnish in such manner and form and at such intervals (not being less than six months) as to be?

Answer: prescribed statements as to the extent to which the patented invention has been worked on a commercial scale in India


Question: According to subsection (3) of Section 146, what is provided?

Answer: The Controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as may be prescribed


Question: Under Section 146, what shall the controller may publish the information received by him under sub-section (1) or sub-section (2) in such manner as be?

Answer: prescribed


Section 147: Evidence of entries, documents, etc

Context:
(1) A certificate purporting to be signed by the Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done.
(2) A copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the Controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original.
(3) The Controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes.

Question: What is stated in subsection (1) of Section 147?

Answer: A certificate purporting to be signed by the Controller as to any entry, matter or thing which he is authorised by this Act or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done


Question: According to Section 147, what shall a certificate purporting to be signed by the controller as to any entry, matter or thing which he is authorised by this act or any rules made thereunder to make or do be?

Answer: prima facie evidence of the entry having been made and of the contents thereof and of the matter or thing having been done or omitted to be done


Question: What does subsection (2) of Section 147 provide?

Answer: A copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the Controller and sealed with the seal of the patent office shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the original


Question: In Section 147, what is a copy of any entry in any register or of any document kept in the patent office or of any patent, or an extract from any such register or document, purporting to be certified by the controller and sealed with the seal of the patent office to be?

Answer: admitted in evidence in all courts, and in all proceedings, without further proof or production of the original


Question: According to subsection (3) of Section 147, what is provided?

Answer: The Controller or any other officer of the patent office shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special causes


Section 148: Declaration by infant, lunatic, etc

Context:
(1) If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability.
(2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

Question: What does subsection (1) of Section 148 provide?

Answer: If any person is, by reason of minority, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such things in the name and on behalf of the person subject to the disability


Question: What is stated in subsection (2) of Section 148?

Answer: An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing


Question: According to Section 148, by whom may an appointment be made?

Answer: the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing


Section 149: Service of notices, etc. by post

Context: Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post.

Question: What does Section 149 provide?

Answer: Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post


Question: What does subsection (1) of Section 149 provide?

Answer: Any notice required or authorised to be given by or under this Act, and any application or other document so authorised or required to be made or filed, may be given, made or filed by post


Question: In Section 149, what is any notice required or authorised to be given by or under this act, and any application or other document so authorised or required to be made or filed to be?

Answer: given, made or filed by post


Section 150: Security for costs

Context: If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned.

Question: What does Section 150 provide?

Answer: If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned


Section 150: Security for costs

Question: According to subsection (1) of Section 150, what is provided?

Answer: If any party by whom notice of any opposition is given under this Act or by whom application is made to the Controller for the grant of a licence under a patent neither resides nor carries on business in India, the Controller may require him to give security for the costs of the proceedings, and in default of such security being given may treat the opposition or application as abandoned


Section 151: Transmission of orders of courts to Controller

Context:
(1) Every order of 1the High Court on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by 1the High Court to the Controller who shall cause an entry thereof and reference thereto to be made in the register.
(2) Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record.
(3) The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of 3the courts referred to in those sub-sections.

Question: What does subsection (1) of Section 151 provide?

Answer: Every order of 1the High Court on a petition for revocation, including orders granting certificates of validity of any claim, shall be transmitted by 1the High Court to the Controller who shall cause an entry thereof and reference thereto to be made in the register


Question: In Section 151, what is every order of 1the high court on a petition for revocation, including orders granting certificates of validity of any claim to be?

Answer: transmitted by 1the High Court to the Controller who shall cause an entry thereof and reference thereto to be made in the register


Question: According to subsection (2) of Section 151, what is provided?

Answer: Where in any suit for infringement of a patent or in any suit under section 106 the validity of any claim or a specification is contested and that claim is found by the court to be valid or not valid, as the case may be, the court shall transmit a copy of its judgment and decree to the Controller who shall on receipt thereof cause an entry in relation to such proceeding to be made in the prescribed manner in a supplemental record


Question: What does subsection (3) of Section 151 provide?

Answer: The provisions of sub-sections (1) and (2) shall also apply to the court to which appeals are preferred against decisions of 3the courts referred to in those sub-sections


Section 153: Information relating to Patents

Context: A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly.

Question: What does Section 153 provide?

Answer: A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly


Question: What is stated in subsection (1) of Section 153?

Answer: A person making a request to the Controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified shall be entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly


Question: According to Section 153, what shall a person making a request to the controller in the prescribed manner for information relating to any such matters as may be prescribed as respects any patent specified in the request or as respects any application for a patent so specified be?

Answer: entitled, subject to the payment of the prescribed fee, to have information supplied to him accordingly


Section 155: Reports of Controller to be placed before Parliament

Context: The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller.

Question: What does Section 155 provide?

Answer: The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller


Question: What is stated in subsection (1) of Section 155?

Answer: The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller


Section 156: Patent to bind Government

Context: Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person.

Question: What does Section 156 provide?

Answer: Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person


Section 156: Patent to bind Government

Question: According to subsection (1) of Section 156, what is provided?

Answer: Subject to the other provisions contained in this Act, a patent shall have to all intents the like effect as against Government as it has against any person


Section 157: Right of Government to sell or use forfeited articles

Context: Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force.

Question: What does Section 157 provide?

Answer: Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force


Question: What does subsection (1) of Section 157 provide?

Answer: Nothing in this Act shall affect the power of the Government or of any person deriving title directly or indirectly from the Government to sell or use any articles forfeited under any law for the time being in force


Section 158: Power of High Courts to make rules

Context: The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act.

Question: What does Section 158 provide?

Answer: The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act


Question: What does subsection (1) of Section 158 provide?

Answer: The High Court may make rules consistent with this Act as to the conduct and procedure in respect of all proceedings before it under this Act


Section 1: Short title, extent and commencement

Context:
(1) This Act may be called the Trade Marks Act, 1999.
(2) It extends to the whole of India.
(3) It shall co me into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint: Provided that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the comin g into force of that provision.

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

Answer: This Act may be called the Trade Marks Act, 1999.


Question: Under Section 1 (Short title, extent and commencement), what is provided in sub-section (1)?

Answer: This Act may be called the Trade Marks Act, 1999.


Question: Under Section 1 (Short title, extent and commencement), what is provided in sub-section (2)?

Answer: It extends to the whole of India.


Question: What is laid down in sub-section (2) of Section 1?

Answer: It extends to the whole of India.


Question: What is laid down in sub-section (3) of Section 1?

Answer: It shall co me into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint


Question: In Section 1, what does sub-section (3) say?

Answer: It shall co me into force on such date 1 as the Central Government may, by notification in the Official Gazette, appoint


Section 2: Definitions and interpretation

Context:
(1) In this Act, unless the context otherwise requires,—
(b) “assignment” means an assignment in writing by act of the parties concerned;
(c) “associated trade marks” means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
(e) “certification trade mark” means a mark capable of distinguishing the goods or s ervices in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certificat ion trade mark, of that person;
(g) “collective mark” means a trade mark distingui shing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;
(h) “deceptively similar”.—A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;

Question: What does "assignment" mean under Section 2?

Answer: an assignment in writing by act of the parties concerned;


Question: How is "assignment" defined in Section 2?

Answer: an assignment in writing by act of the parties concerned;


Question: What does "associated trade marks" mean under Section 2?

Answer: trade marks deemed to be, or required to be, registered as associated trade marks under this Act;


Question: How is "associated trade marks" defined in Section 2?

Answer: trade marks deemed to be, or required to be, registered as associated trade marks under this Act;


Question: What does "certification trade mark" mean under Section 2?

Answer: a mark capable of distinguishing the goods or s ervices in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services


Question: How is "certification trade mark" defined in Section 2?

Answer: a mark capable of distinguishing the goods or s ervices in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services


Question: What does "collective mark" mean under Section 2?

Answer: a trade mark distingui shing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;


Question: How is "collective mark" defined in Section 2?

Answer: a trade mark distingui shing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;


Question: What does clause (h) of Section 2 state?

Answer: A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (h)?

Answer: A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;


Context:
(1) In this Act, unless the context otherwise requires,—
(i) “false trade description” means— (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or (II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the de scription untrue or misleading in a material respect; or Part II, sec. 3(ii). (III) any trade description which denotes or implies that there are contained, as regards the goods to which it is applied, more yards or metres than there are contained therein standa rd yards or standard metres; or (IV) any marks or arrangement or combination thereof when applied—
(a) to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose mercha ndise or manufacture they really are;
(b) in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by so me person other than the person whose services they really are; or (V) any false n ame or initials of a person applied to goods or services in such manner as if such name or initials were a trade description in any case where the name or initials—

Question: Under Section 2 (Definitions and interpretation), what is provided in clause (i)?

Answer: “false trade description” means— (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied


Question: What is laid down in clause (i) of Section 2?

Answer: “false trade description” means— (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied


Question: What is laid down in clause (a) of Section 2?

Answer: to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose mercha ndise or manufacture they really are;


Question: In Section 2, what does clause (a) say?

Answer: to goods in such a manner as to be likely to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose mercha ndise or manufacture they really are;


Question: In Section 2, what does clause (b) say?

Answer: in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by so me person other than the person whose services they really are


Question: What does clause (b) of Section 2 state?

Answer: in relation to services in such a manner as to be likely to lead persons to believe that the services are provided or rendered by so me person other than the person whose services they really are


Context:
(1) In this Act, unless the context otherwise requires,—
(a) is or are not a trade mark or part of a trade mark; and
(b) is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials; and
(c) is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the meaning of this Act;
(j) “goods” means anything which is the subject of trade or manufacture;
(l) “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark give n by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;
(m) “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;
(o) “name” includes any abbreviation of a name;
(p) “notify” means to notify in the Trade Mark Journal published by the Registrar;

Question: What does clause (a) of Section 2 state?

Answer: is or are not a trade mark or part of a trade mark


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (a)?

Answer: is or are not a trade mark or part of a trade mark


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (b)?

Answer: is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials


Question: What is laid down in clause (b) of Section 2?

Answer: is or are identical with or deceptively similar to the name or initials of a person carrying on business in connection with goods or services of the same description or both and who has not authorised the use of such name or initials


Question: What is laid down in clause (c) of Section 2?

Answer: is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the


Question: In Section 2, what does clause (c) say?

Answer: is or are either the name or initials of a fictitious person or some person not bona fide carrying on business in connection with such goods or services, and the fact that a trade description is a trade mark or part of a trade mark shall not prevent such trade description being a false trade description within the


Question: What does "goods" mean under Section 2?

Answer: anything which is the subject of trade or manufacture;


Question: How is "goods" defined in Section 2?

Answer: anything which is the subject of trade or manufacture;


Question: What does clause (l) of Section 2 state?

Answer: “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark give n by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (l)?

Answer: “limitations” (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark give n by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India;


Question: What does "mark" mean under Section 2?

Answer: a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;


Question: How is "mark" defined in Section 2?

Answer: a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof;


Question: What does "name" mean under Section 2?

Answer: any abbreviation of a name;


Question: How is "name" defined in Section 2?

Answer: any abbreviation of a name;


Question: What does "notify" mean under Section 2?

Answer: to notify in the Trade Mark Journal published by the Registrar;


Question: How is "notify" defined in Section 2?

Answer: to notify in the Trade Mark Journal published by the Registrar;


Context:
(1) In this Act, unless the context otherwise requires,—
(q) “package” includes any case, bo x, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;
(r) “permitted use”, in relation to a registered trade mark, means the use of trade mark—
(i) by a registered user of the trade mark in relation to goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) for which he is registered as registered user; and
(d) which complies with any conditions or limitations to which the registration of registered user is subject; or
(ii) by a person other than the registered proprietor and registered user in relation t o goods or services—
(a) with which he is connected in the course of trade; and
(b) in respect of which the trade mark remains registered for the time being; and
(c) by consent of such registered proprietor in a written agreement; and
(d) which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;
(s) “prescribed” means,—
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, prescribed by rules made under this Act;

Question: What does "package" mean under Section 2?

Answer: any case, bo x, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;


Question: How is "package" defined in Section 2?

Answer: any case, bo x, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (r)?

Answer: “permitted use”, in relation to a registered trade mark, means the use of trade mark—


Question: What is laid down in clause (r) of Section 2?

Answer: “permitted use”, in relation to a registered trade mark, means the use of trade mark—


Question: What is laid down in clause (i) of Section 2?

Answer: by a registered user of the trade mark in relation to goods or services—


Question: In Section 2, what does clause (i) say?

Answer: by a registered user of the trade mark in relation to goods or services—


Question: In Section 2, what does clause (a) say?

Answer: with which he is connected in the course of trade


Question: What does clause (a) of Section 2 state?

Answer: with which he is connected in the course of trade


Question: What does clause (b) of Section 2 state?

Answer: in respect of which the trade mark remains registered for the time being


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (b)?

Answer: in respect of which the trade mark remains registered for the time being


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (c)?

Answer: for which he is registered as registered user


Question: What is laid down in clause (c) of Section 2?

Answer: for which he is registered as registered user


Question: What is laid down in clause (d) of Section 2?

Answer: which complies with any conditions or limitations to which the registration of registered user is subject


Question: In Section 2, what does clause (d) say?

Answer: which complies with any conditions or limitations to which the registration of registered user is subject


Question: In Section 2, what does clause (ii) say?

Answer: by a person other than the registered proprietor and registered user in relation t o goods or services—


Question: What does clause (ii) of Section 2 state?

Answer: by a person other than the registered proprietor and registered user in relation t o goods or services—


Question: What does clause (a) of Section 2 state?

Answer: with which he is connected in the course of trade


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (a)?

Answer: with which he is connected in the course of trade


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (b)?

Answer: in respect of which the trade mark remains registered for the time being


Question: What is laid down in clause (b) of Section 2?

Answer: in respect of which the trade mark remains registered for the time being


Question: What is laid down in clause (c) of Section 2?

Answer: by consent of such registered proprietor in a written agreement


Question: In Section 2, what does clause (c) say?

Answer: by consent of such registered proprietor in a written agreement


Question: In Section 2, what does clause (d) say?

Answer: which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;


Question: What does clause (d) of Section 2 state?

Answer: which complies with any conditions or limitations to which such user is subject and to which the registration of the trade mark is subject;


Question: What does clause (s) of Section 2 state?

Answer: “prescribed” means,—


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (s)?

Answer: “prescribed” means,—


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (i)?

Answer: in relation to proceedings before a High Court, prescribed by rules made by the High Court


Question: What is laid down in clause (i) of Section 2?

Answer: in relation to proceedings before a High Court, prescribed by rules made by the High Court


Question: What is laid down in clause (ii) of Section 2?

Answer: in other cases, prescribed by rules made under this Act;


Question: In Section 2, what does clause (ii) say?

Answer: in other cases, prescribed by rules made under this Act;


Context:
(1) In this Act, unless the context otherwise requires,—
(t) “register” means the Register of Trade Marks referred to in sub-section (1) of section 6;
(u) “registered” (with its grammatical variations) means registered under this Act;
(v) “registered proprietor”, in relation to a trade mark, means the person fo r the time being entered in the register as proprietor of the trade mark;
(w) “registered trade mark” means a trade mark which is actually on the register and remaining in force;
(x) “registered user” means a person who is for the time being regis tered as such under section 49;
(y) “Registrar” means the Registrar of Trade Marks referred to in section 3;
(z) “Service” means service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising;
(za) “trade description” means any description, statement or other indication, direct or indirect,—
(i) as to the number, quantity, measure, gauge or weight of any goods; or

Question: What does "register" mean under Section 2?

Answer: the Register of Trade Marks referred to in sub-section (1) of section 6;


Question: How is "register" defined in Section 2?

Answer: the Register of Trade Marks referred to in sub-section (1) of section 6;


Question: What does clause (u) of Section 2 state?

Answer: “registered” (with its grammatical variations) means registered under this Act;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (u)?

Answer: “registered” (with its grammatical variations) means registered under this Act;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (v)?

Answer: “registered proprietor”, in relation to a trade mark, means the person fo r the time being entered in the register as proprietor of the trade mark;


Question: What is laid down in clause (v) of Section 2?

Answer: “registered proprietor”, in relation to a trade mark, means the person fo r the time being entered in the register as proprietor of the trade mark;


Question: What does "registered trade mark" mean under Section 2?

Answer: a trade mark which is actually on the register and remaining in force;


Question: How is "registered trade mark" defined in Section 2?

Answer: a trade mark which is actually on the register and remaining in force;


Question: What does "registered user" mean under Section 2?

Answer: a person who is for the time being regis tered as such under section 49;


Question: How is "registered user" defined in Section 2?

Answer: a person who is for the time being regis tered as such under section 49;


Question: What does "Registrar" mean under Section 2?

Answer: the Registrar of Trade Marks referred to in section 3;


Question: How is "Registrar" defined in Section 2?

Answer: the Registrar of Trade Marks referred to in section 3;


Question: What does "Service" mean under Section 2?

Answer: service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing,


Question: How is "Service" defined in Section 2?

Answer: service of any description which is made available to potential users and includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing,


Question: What does "trade description" mean under Section 2?

Answer: any description, statement or other indication, direct or indirect,—


Question: How is "trade description" defined in Section 2?

Answer: any description, statement or other indication, direct or indirect,—


Question: In Section 2, what does clause (i) say?

Answer: as to the number, quantity, measure, gauge or weight of any goods


Question: What does clause (i) of Section 2 state?

Answer: as to the number, quantity, measure, gauge or weight of any goods


Context:
(1) In this Act, unless the context otherwise requires,—
(ii) as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade; or
(iii) as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954); or
(iv) as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be; or
(v) as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactur ed or services are provided; or
(vi) as to the mode of manufacture or producing any goods or providing services; or
(vii) as to the material of which any goods are composed; or (viii) as to any goods being the subject of an existing patent, privilege or copyright, and includes—
(a) any description as to the use of a ny mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;
(b) the description as to any imported goods contained in any bill of entry or shipping bill;
(c) any other description which is likely to be misunderstood or mistaken for all or any of the said matters;

Question: What does clause (ii) of Section 2 state?

Answer: as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (ii)?

Answer: as to the standard of quality of any goods or services according to a classification commonly used or recognised in the trade


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (iii)?

Answer: as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954)


Question: What is laid down in clause (iii) of Section 2?

Answer: as to fitness for the purpose, strength, performance or behaviour of any goods, being “drug” as defined in the Drugs and Cosmetics Act, 1940 (23 of 1940), or “food” as defined in the Prevention of Food Adulteration Act, 1954 (37 of 1954)


Question: What is laid down in clause (iv) of Section 2?

Answer: as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be


Question: In Section 2, what does clause (iv) say?

Answer: as to the place or country in which or the time at which any goods or services were made, produced or provided, as the case may be


Question: In Section 2, what does clause (v) say?

Answer: as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactur ed or services are provided


Question: What does clause (v) of Section 2 state?

Answer: as to the name and address or other indication of the identity of the manufacturer or of the person providing the services or of the person for whom the goods are manufactur ed or services are provided


Question: What does clause (vi) of Section 2 state?

Answer: as to the mode of manufacture or producing any goods or providing services


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (vi)?

Answer: as to the mode of manufacture or producing any goods or providing services


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (vii)?

Answer: as to the material of which any goods are composed


Question: What is laid down in clause (vii) of Section 2?

Answer: as to the material of which any goods are composed


Question: What is laid down in clause (a) of Section 2?

Answer: any description as to the use of a ny mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;


Question: In Section 2, what does clause (a) say?

Answer: any description as to the use of a ny mark which according to the custom of the trade is commonly taken to be an indication of any of the above matters;


Question: In Section 2, what does clause (b) say?

Answer: the description as to any imported goods contained in any bill of entry or shipping bill;


Question: What does clause (b) of Section 2 state?

Answer: the description as to any imported goods contained in any bill of entry or shipping bill;


Question: What does clause (c) of Section 2 state?

Answer: any other description which is likely to be misunderstood or mistaken for all or any of the said matters;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (c)?

Answer: any other description which is likely to be misunderstood or mistaken for all or any of the said matters;


Context:
(1) In this Act, unless the context otherwise requires,—
(zb) “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours; and—
(i) in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use the mark; and
(ii) in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or wi thout any indication of the identity of that person, and includes a certification trade mark or collective mark;
(zc) “transmission” means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;
(zd) “Technical Member” means a Member who is not a Judicial Member;

Question: What does "trade mark" mean under Section 2?

Answer: a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours


Question: How is "trade mark" defined in Section 2?

Answer: a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours


Question: What is laid down in clause (i) of Section 2?

Answer: in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use


Question: In Section 2, what does clause (i) say?

Answer: in relation to Chapter XII (other than section 107), a registered trade mark or a mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right as proprietor to use


Question: In Section 2, what does clause (ii) say?

Answer: in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of


Question: What does clause (ii) of Section 2 state?

Answer: in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and some person having the right, either as proprietor or by way of


Question: What does "transmission" mean under Section 2?

Answer: transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;


Question: How is "transmission" defined in Section 2?

Answer: transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment;


Question: What does "Technical Member" mean under Section 2?

Answer: a Member who is not a Judicial Member;


Question: How is "Technical Member" defined in Section 2?

Answer: a Member who is not a Judicial Member;


Context:
(1) In this Act, unless the context otherwise requires,—
(zg) “well known trade mark”, in relation to any goods or services, means a mark which has become so to the substantial segment of the p ublic which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services. (2) In this Act, unless the context otherwise requires, any reference—
(a) to “trade mark” shall include reference to “collective mark” or “certification trade mark”;
(b) to th e use of a mark shall be construed as a reference to the use of printed or other vis ual representation of the mark;
(c) to the use of a mark,—
(i) in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;
(ii) in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;
(d) to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;

Question: What is laid down in clause (zg) of Section 2?

Answer: “well known trade mark”, in relation to any goods or services, means a mark which has become so to the substantial segment of the p ublic which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course


Question: In Section 2, what does clause (zg) say?

Answer: “well known trade mark”, in relation to any goods or services, means a mark which has become so to the substantial segment of the p ublic which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course


Question: In Section 2, what does clause (a) say?

Answer: to “trade mark” shall include reference to “collective mark” or “certification trade mark”;


Question: What does clause (a) of Section 2 state?

Answer: to “trade mark” shall include reference to “collective mark” or “certification trade mark”;


Question: What does clause (b) of Section 2 state?

Answer: to th e use of a mark shall be construed as a reference to the use of printed or other vis ual representation of the mark;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (b)?

Answer: to th e use of a mark shall be construed as a reference to the use of printed or other vis ual representation of the mark;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (c)?

Answer: to the use of a mark,—


Question: What is laid down in clause (c) of Section 2?

Answer: to the use of a mark,—


Question: What is laid down in clause (i) of Section 2?

Answer: in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;


Question: In Section 2, what does clause (i) say?

Answer: in relation to goods, shall be construed as a reference to the use of the mark upon, or in any physical or in any other relation whatsoever, to such goods;


Question: In Section 2, what does clause (ii) say?

Answer: in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;


Question: What does clause (ii) of Section 2 state?

Answer: in relation to services, shall be construed as a reference to the use of the mark as or as part of any statement about the availability, provision or performance of such services;


Question: What does clause (d) of Section 2 state?

Answer: to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;


Question: Under Section 2 (Definitions and interpretation), what is provided in clause (d)?

Answer: to the Registrar shall be construed as including a reference to any officer when discharging the functions of the Registrar in pursuance of sub-section (2) of section 3;


Context:
(1) In this Act, unless the context otherwise requires,—
(e) to the Trade Marks Registry shall be construed as including a reference to any offi ce of the Trade Marks Registry. (3) For the purposes of this Act, goods and services are associated with each other if it is likely that those goods might be sold or otherwise traded in and those services might be provided by the same business and so with descriptions of goods and descriptions of services. (4) For the purposes of this Act, “existing registered trade mark” means a trade mark registered under the Trade and Merchandise Marks Act, 1958 (43 of 1958) immediately before the commencement of this Act.

Question: Under Section 2 (Definitions and interpretation), what is provided in clause (e)?

Answer: to the Trade Marks Registry shall be construed as including a reference to any offi ce of the Trade Marks Registry.


Question: What is laid down in clause (e) of Section 2?

Answer: to the Trade Marks Registry shall be construed as including a reference to any offi ce of the Trade Marks Registry.


Section 3: Appointment o f Registrar and other officers

Context:
(1) The Central Government may, by notification in the Official Gazette, appoint a perso n to be known as the Controller -General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act.
(2) The Central Government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.

Question: What does sub-section (1) of Section 3 state?

Answer: The Central Government may, by notification in the Official Gazette, appoint a perso n to be known as the Controller -General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act.


Question: Under Section 3 (Appointment o f Registrar and other officers), what is provided in sub-section (1)?

Answer: The Central Government may, by notification in the Official Gazette, appoint a perso n to be known as the Controller -General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act.


Question: Under Section 3 (Appointment o f Registrar and other officers), what is provided in sub-section (2)?

Answer: The Central Government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.


Question: What is laid down in sub-section (2) of Section 3?

Answer: The Central Government may appoint such other officers with such designations as it thinks fit for the purpose of discharging, under the superintendence and direction of the Registrar, such functions of the Registrar under this Act as he may from time to time authorise them to discharge.


Section 4: Power of Registrar to w ithdraw or transfer cases, etc

Context: Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or tra nsfer the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

Question: What does Section 4 state about power of Registrar to w ithdraw or transfer cases, etc?

Answer: Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2) and deal with such matter himself either de novo or from the


Question: Under Section 4, what is provided regarding power of Registrar to w ithdraw or transfer cases, etc?

Answer: Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub -section (2) and deal with such matter himself either de novo or from the


Section 5: Trade Marks Registry and offices t hereof

Context:
(1) For the purpose s of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act.
(2) The head office of the Trade Marks Registry sha ll be at such place as the Central Government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the Central Government may think fit branch offices of the Trade Marks Registry.
(3) The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Trade Marks Registry may exercise its functions.
(4) There shall be a seal of the Trade Marks Registry.

Question: What does sub-section (1) of Section 5 state?

Answer: For the purpose s of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act.


Question: Under Section 5 (Trade Marks Registry and offices t hereof), what is provided in sub-section (1)?

Answer: For the purpose s of this Act, there shall be a trade marks registry and the Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Trade Marks Registry under this Act.


Question: Under Section 5 (Trade Marks Registry and offices t hereof), what is provided in sub-section (2)?

Answer: The head office of the Trade Marks Registry sha ll be at such place as the Central Government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the Central Government may think fit branch offices of the Trade Marks Registry.


Question: What is laid down in sub-section (2) of Section 5?

Answer: The head office of the Trade Marks Registry sha ll be at such place as the Central Government may specify, and for the purpose of facilitating the registration of trade marks, there may be established at such places as the Central Government may think fit branch offices of the Trade Marks Registry.


Question: What is laid down in sub-section (3) of Section 5?

Answer: The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Trade Marks Registry may exercise its functions.


Question: In Section 5, what does sub-section (3) say?

Answer: The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Trade Marks Registry may exercise its functions.


Question: In Section 5, what does sub-section (4) say?

Answer: There shall be a seal of the Trade Marks Registry.


Question: What does sub-section (4) of Section 5 state?

Answer: There shall be a seal of the Trade Marks Registry.


Section 6: The Register of Trad e Marks

Context:
(1) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the propri etors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed.
(3) Where such register is maintained wholly or par tly on computer under sub -section ( 2) any reference in this Act to entry in the Register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.
(4) No notice of any trust, express or implied or construct ive, shall be entered in the register and no such notice shall be receivable by the Registrar.
(5) The register shall be kept under the control and management of the Registrar.

Question: What does sub-section (1) of Section 6 state?

Answer: For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the propri etors, notifications of assignment and transmissions, the names, addresses


Section 6: The Register of Trad e Marks

Question: Under Section 6 (The Register of Trad e Marks), what is provided in sub-section (1)?

Answer: For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the propri etors, notifications of assignment and transmissions, the names, addresses


Section 6: The Register of Trad e Marks

Question: Under Section 6 (The Register of Trad e Marks), what is provided in sub-section (2)?

Answer: Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed.


Section 6: The Register of Trad e Marks

Question: What is laid down in sub-section (2) of Section 6?

Answer: Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed.


Section 6: The Register of Trad e Marks

Question: What is laid down in sub-section (3) of Section 6?

Answer: Where such register is maintained wholly or par tly on computer under sub -section ( 2) any reference in this Act to entry in the Register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.


Section 6: The Register of Trad e Marks

Question: In Section 6, what does sub-section (3) say?

Answer: Where such register is maintained wholly or par tly on computer under sub -section ( 2) any reference in this Act to entry in the Register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.


Section 6: The Register of Trad e Marks

Question: In Section 6, what does sub-section (4) say?

Answer: No notice of any trust, express or implied or construct ive, shall be entered in the register and no such notice shall be receivable by the Registrar.


Section 6: The Register of Trad e Marks

Question: What does sub-section (4) of Section 6 state?

Answer: No notice of any trust, express or implied or construct ive, shall be entered in the register and no such notice shall be receivable by the Registrar.


Section 6: The Register of Trad e Marks

Question: What does sub-section (5) of Section 6 state?

Answer: The register shall be kept under the control and management of the Registrar.


Section 6: The Register of Trad e Marks

Question: Under Section 6 (The Register of Trad e Marks), what is provided in sub-section (5)?

Answer: The register shall be kept under the control and management of the Registrar.


Section 6: The Register of Trad e Marks

Context:
(6) There shall be kept at each branch office of the Trade Marks Registry a cop y of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification i n the Official Gazette, direct.
(7) The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.

Question: Under Section 6 (The Register of Trad e Marks), what is provided in sub-section (6)?

Answer: There shall be kept at each branch office of the Trade Marks Registry a cop y of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification i n the Official Gazette, direct.


Section 6: The Register of Trad e Marks

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

Answer: There shall be kept at each branch office of the Trade Marks Registry a cop y of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification i n the Official Gazette, direct.


Section 6: The Register of Trad e Marks

Question: What is laid down in sub-section (7) of Section 6?

Answer: The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.


Section 6: The Register of Trad e Marks

Question: In Section 6, what does sub-section (7) say?

Answer: The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.


Section 7: Classification of goods and services

Context:
(1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services f or the purposes of registration of trade marks.
(2) Any question arising as to the class within which any goods or services fall s shall be determined by the Registrar whose decision shall be final.

Question: What does sub-section (1) of Section 7 state?

Answer: The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services f or the purposes of registration of trade marks.


Question: Under Section 7 (Classification of goods and services), what is provided in sub-section (1)?

Answer: The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services f or the purposes of registration of trade marks.


Question: Under Section 7 (Classification of goods and services), what is provided in sub-section (2)?

Answer: Any question arising as to the class within which any goods or services fall s shall be determined by the Registrar whose decision shall be final.


Question: What is laid down in sub-section (2) of Section 7?

Answer: Any question arising as to the class within which any goods or services fall s shall be determined by the Registrar whose decision shall be final.


Section 8: Publication of alphabetical index

Context:
(1) The Registrar ma y publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7.
(2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub -section ( 1), th e classification of goods or services shall be determined by the Registrar in accordance with sub-section
(2) of section 7.

Question: What does sub-section (1) of Section 8 state?

Answer: The Registrar ma y publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7.


Question: Under Section 8 (Publication of alphabetical index), what is provided in sub-section (1)?

Answer: The Registrar ma y publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7.


Question: Under Section 8 (Publication of alphabetical index), what is provided in sub-section (2)?

Answer: Where any goods or services are not specified in the alphabetical index of goods and services published under sub -section ( 1), th e classification of goods or services shall be determined by the Registrar in accordance with sub-section


Question: What is laid down in sub-section (2) of Section 8?

Answer: Where any goods or services are not specified in the alphabetical index of goods and services published under sub -section ( 1), th e classification of goods or services shall be determined by the Registrar in accordance with sub-section


Question: What is laid down in sub-section (2) of Section 8?

Answer: of section 7.


Question: In Section 8, what does sub-section (2) say?

Answer: of section 7.


Section 9: Absolute grounds for refusal of registration

Context:
(1) The trade marks—
(a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;
(b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geograph ical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;
(c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark. (2) A mark shall not be registered as a trade mark if—
(a) it is of such nature as to deceive the public or cause confusion;
(b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;
(c) it comprises or contains scandalous or obscene matter;
(d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950). (3) A mark shall not be registered as a trade mark if it consists exclusively of—

Question: What does clause (a) of Section 9 state?

Answer: which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (a)?

Answer: which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (b)?

Answer: which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geograph ical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;


Question: What is laid down in clause (b) of Section 9?

Answer: which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geograph ical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;


Question: What is laid down in clause (c) of Section 9?

Answer: which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered


Question: In Section 9, what does clause (c) say?

Answer: which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered


Question: In Section 9, what does clause (a) say?

Answer: it is of such nature as to deceive the public or cause confusion;


Question: What does clause (a) of Section 9 state?

Answer: it is of such nature as to deceive the public or cause confusion;


Question: What does clause (b) of Section 9 state?

Answer: it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (b)?

Answer: it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (c)?

Answer: it comprises or contains scandalous or obscene matter;


Question: What is laid down in clause (c) of Section 9?

Answer: it comprises or contains scandalous or obscene matter;


Question: What is laid down in clause (d) of Section 9?

Answer: its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).


Question: In Section 9, what does clause (d) say?

Answer: its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).


Context:
(1) The trade marks—
(a) the shape of goods which results from the nature of the goods themselves; or
(b) the shape of goods which is necessary to obtain a technical result; or
(c) the shape which gives substantial value to the goods. Explanation.—For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.

Question: In Section 9, what does clause (a) say?

Answer: the shape of goods which results from the nature of the goods themselves


Question: What does clause (a) of Section 9 state?

Answer: the shape of goods which results from the nature of the goods themselves


Question: What does clause (b) of Section 9 state?

Answer: the shape of goods which is necessary to obtain a technical result


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (b)?

Answer: the shape of goods which is necessary to obtain a technical result


Question: Under Section 9 (Absolute grounds for refusal of registration), what is provided in clause (c)?

Answer: the shape which gives substantial value to the goods.


Question: What is laid down in clause (c) of Section 9?

Answer: the shape which gives substantial value to the goods.


Section 11: Relative grounds for refusal of registration

Context:
(1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(a) its identity with an earlier tr ade mark and similarity of goods or services cove red by the trade mark; or
(b) its similarity to an earlier trade mark and the identity or similarity of the goods or serv ices covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark. (2) A trade mark which—
(a) is identical with or similar to an earlier trade mark; and
(b) is to be registered for goods or services which are not similar to those for wh ich the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark. (3) A trade mark shall not be registered if, or to the extent that, its use in In dia is liable to be prevented—
(a) by virtue of any law in particular the law of pass ing off protecting an unregistered trade mark used in the course of trade; or

Question: What does clause (a) of Section 11 state?

Answer: its identity with an earlier tr ade mark and similarity of goods or services cove red by the trade mark


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (a)?

Answer: its identity with an earlier tr ade mark and similarity of goods or services cove red by the trade mark


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (b)?

Answer: its similarity to an earlier trade mark and the identity or similarity of the goods or serv ices covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.


Question: What is laid down in clause (b) of Section 11?

Answer: its similarity to an earlier trade mark and the identity or similarity of the goods or serv ices covered by the trade mark, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.


Question: What is laid down in clause (a) of Section 11?

Answer: is identical with or similar to an earlier trade mark


Question: In Section 11, what does clause (a) say?

Answer: is identical with or similar to an earlier trade mark


Question: In Section 11, what does clause (b) say?

Answer: is to be registered for goods or services which are not similar to those for wh ich the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would


Question: What does clause (b) of Section 11 state?

Answer: is to be registered for goods or services which are not similar to those for wh ich the earlier trade mark is registered in the name of a different proprietor, shall not be registered if or to the extent the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would


Question: What does clause (a) of Section 11 state?

Answer: by virtue of any law in particular the law of pass ing off protecting an unregistered trade mark used in the course of trade


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (a)?

Answer: by virtue of any law in particular the law of pass ing off protecting an unregistered trade mark used in the course of trade


Context:
(1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(b) by virtue of law of copyright. (4) Nothing in this section shall prevent the registration of a trade mark where the proprietor of the earlier trade mark or other earlier righ t consents to the registration, and in such case the Registrar may register the mark under special circumstances under section 12. Explanation.—For the purposes of this section, earlier trade mark means—
(a) a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks;

Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (b)?

Answer: by virtue of law of copyright.


Question: What is laid down in clause (b) of Section 11?

Answer: by virtue of law of copyright.


Question: What is laid down in clause (a) of Section 11?

Answer: a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where


Question: In Section 11, what does clause (a) say?

Answer: a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where


Context:
(1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(b) a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the applicati on, was entitled to protection as a well-known trade mark. (5) A trade mark shall not be refused registration on the grounds specified in sub -sections (2) and (3), unless objection on any one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark. (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including—
(i) the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;
(ii) the duration, extent and geographical area of any use of that trade mark;
(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services t o which the trade mark applies;

Question: In Section 11, what does clause (b) say?

Answer: a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the applicati on, was entitled to protection as a well-known trade mark.


Question: What does clause (b) of Section 11 state?

Answer: a trade mark which, on the date of the application for registration of the trade mark in question, or where appropriate, of the priority claimed in respect of the applicati on, was entitled to protection as a well-known trade mark.


Question: What does clause (i) of Section 11 state?

Answer: the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (i)?

Answer: the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (ii)?

Answer: the duration, extent and geographical area of any use of that trade mark;


Question: What is laid down in clause (ii) of Section 11?

Answer: the duration, extent and geographical area of any use of that trade mark;


Question: What is laid down in clause (iii) of Section 11?

Answer: the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services t o which the trade mark applies;


Question: In Section 11, what does clause (iii) say?

Answer: the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services t o which the trade mark applies;


Context:
(1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;
(v) the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record. (7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—
(i) the number of actual or potential consumers of the goods or services;
(ii) the number of persons involved in the channels of distribution of the goods or services;
(iii) the business circles dealing with the goods or services, to which that trade mark applies. (8) Where a trade mark has been determined to be well known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act. (9) The Registrar shall not require as a condition, for determining whe ther a trade mark is a well-known trade mark, any of the following, namely:—

Question: In Section 11, what does clause (iv) say?

Answer: the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;


Question: What does clause (iv) of Section 11 state?

Answer: the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark;


Question: What does clause (v) of Section 11 state?

Answer: the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (v)?

Answer: the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (i)?

Answer: the number of actual or potential consumers of the goods or services;


Question: What is laid down in clause (i) of Section 11?

Answer: the number of actual or potential consumers of the goods or services;


Question: What is laid down in clause (ii) of Section 11?

Answer: the number of persons involved in the channels of distribution of the goods or services;


Question: In Section 11, what does clause (ii) say?

Answer: the number of persons involved in the channels of distribution of the goods or services;


Question: In Section 11, what does clause (iii) say?

Answer: the business circles dealing with the goods or services, to which that trade mark applies.


Question: What does clause (iii) of Section 11 state?

Answer: the business circles dealing with the goods or services, to which that trade mark applies.


Context:
(1) Save as provided in section 12, a trade mark shall not be registered if, because of—
(i) that the trade mark has been used in India;
(ii) that the trade mark has been registered;
(iii) that the application for registration of the trade mark has been filed in India;
(iv) that the trade mark—
(a) is well-known in; or
(b) has been registered in; or
(c) in respect of which an application for registration has been filed in, any jurisdiction other than India, or
(v) that the trade mark is well-known to the public at large in India. (10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—
(i) protect a well-known trade mark against the identical or similar trade marks;
(ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark. (11) Where a trade mark has been registered in good faith disclosing the material information s to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.

Question: What does clause (i) of Section 11 state?

Answer: that the trade mark has been used in India;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (i)?

Answer: that the trade mark has been used in India;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (ii)?

Answer: that the trade mark has been registered;


Question: What is laid down in clause (ii) of Section 11?

Answer: that the trade mark has been registered;


Question: What is laid down in clause (iii) of Section 11?

Answer: that the application for registration of the trade mark has been filed in India;


Question: In Section 11, what does clause (iii) say?

Answer: that the application for registration of the trade mark has been filed in India;


Question: In Section 11, what does clause (iv) say?

Answer: that the trade mark—


Question: What does clause (iv) of Section 11 state?

Answer: that the trade mark—


Question: What does clause (a) of Section 11 state?

Answer: is well-known in


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (a)?

Answer: is well-known in


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (b)?

Answer: has been registered in


Question: What is laid down in clause (b) of Section 11?

Answer: has been registered in


Question: What is laid down in clause (c) of Section 11?

Answer: in respect of which an application for registration has been filed in, any jurisdiction other than India, or


Question: In Section 11, what does clause (c) say?

Answer: in respect of which an application for registration has been filed in, any jurisdiction other than India, or


Question: In Section 11, what does clause (v) say?

Answer: that the trade mark is well-known to the public at large in India.


Question: What does clause (v) of Section 11 state?

Answer: that the trade mark is well-known to the public at large in India.


Question: What does clause (i) of Section 11 state?

Answer: protect a well-known trade mark against the identical or similar trade marks;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (i)?

Answer: protect a well-known trade mark against the identical or similar trade marks;


Question: Under Section 11 (Relative grounds for refusal of registration), what is provided in clause (ii)?

Answer: take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.


Question: What is laid down in clause (ii) of Section 11?

Answer: take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.


Section 12: Registration in the case of honest concurrent use, etc

Context: In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of the same or similar goods or services, subject to such conditions and limitations, if any, as the Registrar may think fit to impose. 13. Prohibition of registration of names of chemical elements or international non -proprietary names.—No word— (a) which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical sub stance or preparation, or (b) which is declared by the World Health Organisation and notified in the prescribed manner by the Registrar from time to time, as an international non -proprietary name or which is de ceptively similar to such name, shall be registered as a trade mark and any such registration shall be deemed for the purpose of section 57 to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.

Question: What does Section 12 state about registration in the case of honest concurrent use, etc?

Answer: In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of


Question: Under Section 12, what is provided regarding registration in the case of honest concurrent use, etc?

Answer: In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any such trade mark is already registered or not) in respect of


Section 14: Use of names and representations of living pe rsons or persons recentl y dead

Context: Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark , the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the Registrar with such consent.

Question: What does Section 14 state about use of names and representations of living pe rsons or persons recentl y dead?

Answer: Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark , the Registrar may, before he proceeds with the application, require


Question: Under Section 14, what is provided regarding use of names and representations of living pe rsons or persons recentl y dead?

Answer: Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark , the Registrar may, before he proceeds with the application, require


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

Context:
(1) Where a trade mar k which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprie tor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may, at any time, requ ire that the trade marks shall be entered on the register as associated trade marks.
(2) 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 apply as it applies as 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 the same goods or description of goods or same services or description of services.

Question: What does sub-section (1) of Section 16 state?

Answer: Where a trade mar k which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprie tor in respect of the same goods or


Question: Under Section 16 (Registration of trade m arks as associated trade marks), what is provided in sub-section (1)?

Answer: Where a trade mar k which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprie tor in respect of the same goods or


Question: Under Section 16 (Registration of trade m arks as associated trade marks), what is provided in sub-section (2)?

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