Section 91: Appeals to High Court

Question: Under Section 91 (Appeals to High Court), what is provided in sub-section (2)?

Answer: No appeal shall be admitted if it is preferred aft er the expiry of the period specified under sub-section (1)


Section 91: Appeals to High Court

Context:
(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made t hereunder may prefer an appeal to the High Court within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred aft er the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the High Court that he had sufficient cause for not preferring th e appeal within the specified period.
(3) An appeal to the High Court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.

Question: What is laid down in sub-section (2) of Section 91?

Answer: No appeal shall be admitted if it is preferred aft er the expiry of the period specified under sub-section (1)


Section 91: Appeals to High Court

Question: What is laid down in sub-section (3) of Section 91?

Answer: An appeal to the High Court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.


Section 91: Appeals to High Court

Question: In Section 91, what does sub-section (3) say?

Answer: An appeal to the High Court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.


Section 94: Bar to appear before Registrar

Context: On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.

Question: What does Section 94 state about bar to appear before Registrar?

Answer: On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.


Question: Under Section 94, what is provided regarding bar to appear before Registrar?

Answer: On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.


Section 97: Procedure for application for rectification, etc

Context: , before High Court.—(1) An application for rectification of the r egister made to the High Court under section 57 shall be in such form as may be prescribed. (2) A certified copy of every order or judgment of the High Court relating to a registered trade mark under this Act shall be communicated to the Registrar b y the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

Question: What does Section 97 state about procedure for application for rectification, etc?

Answer: , before High Court.—(1) An application for rectification of the r egister made to the High Court under section 57 shall be in such form as may be prescribed.


Question: Under Section 97, what is provided regarding procedure for application for rectification, etc?

Answer: , before High Court.—(1) An application for rectification of the r egister made to the High Court under section 57 shall be in such form as may be prescribed.


Section 98: Appearance of Registrar in legal proceedings

Context:
(1) The Registrar shall have the right to appear and be heard—
(a) in any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;
(b) in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the High Court. (2) Unless t he High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any dec ision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

Question: What does in any legal proceedings before the High Court in which the relief sought mean in Section 98?

Answer: alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;


Question: How does Section 98 define in any legal proceedings before the High Court in which the relief sought?

Answer: alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;


Question: Under Section 98 (Appearance of Registrar in legal proceedings), what is provided in clause (b)?

Answer: in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark—


Question: What is laid down in clause (b) of Section 98?

Answer: in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark—


Question: What is laid down in clause (i) of Section 98?

Answer: which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or


Question: In Section 98, what does clause (i) say?

Answer: which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or


Question: In Section 98, what does clause (ii) say?

Answer: which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the High Court.


Question: What does clause (ii) of Section 98 state?

Answer: which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the High Court.


Section 101: Meaning of applying trade marks and trade descriptions

Context:
(1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who—
(a) applies it to the goods themselves or uses it in relation to services; or
(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or
(c) places, encloses or annexes any goods which are sold, or exposed for sale , or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in any manner reasonabl y likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or

Question: What does clause (a) of Section 101 state?

Answer: applies it to the goods themselves or uses it in relation to services


Question: Under Section 101 (Meaning of applying trade marks and trade descriptions), what is provided in clause (a)?

Answer: applies it to the goods themselves or uses it in relation to services


Question: Under Section 101 (Meaning of applying trade marks and trade descriptions), what is provided in clause (b)?

Answer: applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture


Question: What is laid down in clause (b) of Section 101?

Answer: applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture


Question: What is laid down in clause (c) of Section 101?

Answer: places, encloses or annexes any goods which are sold, or exposed for sale , or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied


Question: In Section 101, what does clause (c) say?

Answer: places, encloses or annexes any goods which are sold, or exposed for sale , or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied


Question: In Section 101, what does clause (d) say?

Answer: uses a trade mark or mark or trade description in any manner reasonabl y likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description


Question: What does clause (d) of Section 101 state?

Answer: uses a trade mark or mark or trade description in any manner reasonabl y likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description


Context:
(1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who—
(e) in relation to the goods or services uses a trade mark or trade description i n any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used. (2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.

Question: What does clause (e) of Section 101 state?

Answer: in relation to the goods or services uses a trade mark or trade description i n any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the


Question: Under Section 101 (Meaning of applying trade marks and trade descriptions), what is provided in clause (e)?

Answer: in relation to the goods or services uses a trade mark or trade description i n any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the


Section 102: Falsifying and falsely applying trade marks

Context:
(1) A person shall be deemed to falsify a trade mark who, either,—
(a) without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark; or
(b) falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise. (2) A person shall be deemed to falsely apply to goods or services a trade mark who, without the assent of the proprietor of the trade mark,—
(a) applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;
(b) uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods o ther than the genuine goods of the proprietor of the trade mark. (3) Any trade mark falsified as mentioned in sub -section ( 1) or falsely applied as mentioned in sub-section (2), is in this Act referred to as a false trade mark. (4) In any prosecutio n for falsifying a trade mark or falsely applying a trade mark to goods or services, the burden of proving the assent of the proprietor shall lie on the accused.

Question: What does clause (a) of Section 102 state?

Answer: without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark


Question: Under Section 102 (Falsifying and falsely applying trade marks), what is provided in clause (a)?

Answer: without the assent of the proprietor of the trade mark makes that trade mark or a deceptively similar mark


Question: Under Section 102 (Falsifying and falsely applying trade marks), what is provided in clause (b)?

Answer: falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.


Question: What is laid down in clause (b) of Section 102?

Answer: falsifies any genuine trade mark, whether by alteration, addition, effacement or otherwise.


Question: What is laid down in clause (a) of Section 102?

Answer: applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;


Question: In Section 102, what does clause (a) say?

Answer: applies such trade mark or a deceptively similar mark to goods or services or any package containing goods;


Question: In Section 102, what does clause (b) say?

Answer: uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods o ther than the genuine goods of the proprietor of the trade mark.


Question: What does clause (b) of Section 102 state?

Answer: uses any package bearing a mark which is identical with or deceptively similar to the trade mark of such proprietor, for the purpose of packing, filling or wrapping therein any goods o ther than the genuine goods of the proprietor of the trade mark.


Section 103: Penalty for applying false trade marks, trade descriptions, etc

Context:
Any person who—
(a) falsifies any trade mark; or
(b) falsely applies to goods or services any trade mark; or
(c) makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark; or
(d) applies any false trade description to goods or services; or
(e) applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the g oods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address; or
(f) tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139; or

Question: What does clause (a) of Section 103 state?

Answer: falsifies any trade mark


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (a)?

Answer: falsifies any trade mark


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (b)?

Answer: falsely applies to goods or services any trade mark


Question: What is laid down in clause (b) of Section 103?

Answer: falsely applies to goods or services any trade mark


Question: What is laid down in clause (c) of Section 103?

Answer: makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark


Question: In Section 103, what does clause (c) say?

Answer: makes, disposes of, or has in his possession, any die, block, machine, plate or other instrument for the purpose of falsifying or of being used for falsifying, a trade mark


Question: In Section 103, what does clause (d) say?

Answer: applies any false trade description to goods or services


Question: What does clause (d) of Section 103 state?

Answer: applies any false trade description to goods or services


Question: What does clause (e) of Section 103 state?

Answer: applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the g oods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (e)?

Answer: applies to any goods to which an indication of the country or place in which they were made or produced or the name and address of the manufacturer or person for whom the g oods are manufactured is required to be applied under section 139, a false indication of such country, place, name or address


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (f)?

Answer: tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139


Question: What is laid down in clause (f) of Section 103?

Answer: tampers with, alters or effaces an indication of origin which has been applied to any goods to which it is required to be applied under section 139


Context:
Any person who—
(g) causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months b ut which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reas ons to be mentioned in the judg ment, impose a sentence of imprisonment for a term of less than six months or a fine of le ss than fifty thousand rupees. 104. Penalty for selling goods or providing services to which false trade mark or false trade description is applied .—Any person who sells, lets for hire or exposes for sale, or hires or has in his possession for sale, goods or things, or provides or hires services, to which any false trade mark or false trade description is applied or which, being required under section 139 to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer, or person for whom the goods are manufactured or services provided, as the case may be, are without the indications so required, shall, unless he proves,—

Question: What is laid down in clause (g) of Section 103?

Answer: causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months b ut which may extend to three years and with fine which shall not be less than fifty thousand rupees


Question: In Section 103, what does clause (g) say?

Answer: causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months b ut which may extend to three years and with fine which shall not be less than fifty thousand rupees


Context:
Any person who—
(a) that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offenc e had been committed in respect of the goods or services; or
(b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or
(c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees: Provided that the court may, for adequate and special reasons to be mentioned in th e judg ment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

Question: In Section 103, what does clause (a) say?

Answer: that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offenc e had been committed in respect of the goods or services


Question: What does clause (a) of Section 103 state?

Answer: that, having taken all reasonable precautions against committing an offence against this section, he had at the time of commission of the alleged offence no reason to suspect the genuineness of the trade mark or trade description or that any offenc e had been committed in respect of the goods or services


Question: What does clause (b) of Section 103 state?

Answer: that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (b)?

Answer: that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services


Question: Under Section 103 (Penalty for applying false trade marks, trade descriptions, etc), what is provided in clause (c)?

Answer: that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees


Question: What is laid down in clause (c) of Section 103?

Answer: that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees


Section 107: Penalty for falsely representing a trade mark as registered

Context:
(1) No person shall make any representation—
(a) with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark; or
(b) with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark; or
(c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered; or
(d) to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right. (2) If any person contravenes any of the provisions of sub-section (1), he shall be liable to penalty of a sum equal to one half per cent. of the total sales or turnover, as the case may be, in business or of the gross receipts in profession, as computed in the audited accounts of such person, or a sum equ al to five lakh rupees, whichever is less. (3) For the purposes of this section, the use in India in relation to a trade mark of the word “registered”, or of any other expression, symbol or sign referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except—

Question: What does clause (a) of Section 107 state?

Answer: with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark


Question: Under Section 107 (Penalty for falsely representing a trade mark as registered), what is provided in clause (a)?

Answer: with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark


Question: Under Section 107 (Penalty for falsely representing a trade mark as registered), what is provided in clause (b)?

Answer: with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark


Question: What is laid down in clause (b) of Section 107?

Answer: with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is separately registered as a trade mark


Question: What is laid down in clause (c) of Section 107?

Answer: to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered


Question: In Section 107, what does clause (c) say?

Answer: to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not in fact registered


Question: In Section 107, what does clause (d) say?

Answer: to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right.


Question: What does clause (d) of Section 107 state?

Answer: to the effect that registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitation entered on the register, the registration does not in fact give that right.


Context:
(1) No person shall make any representation—
(a) where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside India being a country under the law of which the registration r eferred to is in fact in force; or
(b) where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a); or
(c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside India and in relation solely to goods to be exported to that country or in relation to services for use in that country. 108. [Penalty for improperly describing a place of business as connected with the Trade Marks Office.—Omitted by The Jan Vis hwas (Amendment of Provisions) Act , 2023 (18 of 2023), s. 2 and Schedule (w.e.f. 1-8-2024).

Question: What does clause (a) of Section 107 state?

Answer: where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country


Question: Under Section 107 (Penalty for falsely representing a trade mark as registered), what is provided in clause (a)?

Answer: where that word or other expression, symbol or sign is used in direct association with other words delineated in characters at least as large as those in which that word or other expression, symbol or sign is delineated and indicating that the reference is to registration as a trade mark under the law of a country


Question: Under Section 107 (Penalty for falsely representing a trade mark as registered), what is provided in clause (b)?

Answer: where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a)


Question: What is laid down in clause (b) of Section 107?

Answer: where that other expression, symbol or sign is of itself such as to indicate that the reference is to such registration as is mentioned in clause (a)


Question: What is laid down in clause (c) of Section 107?

Answer: where that word is used in relation to a mark registered as a trade mark under the law of a country outside India and in relation solely to goods to be exported to that country or in relation to services for use in that country.


Question: In Section 107, what does clause (c) say?

Answer: where that word is used in relation to a mark registered as a trade mark under the law of a country outside India and in relation solely to goods to be exported to that country or in relation to services for use in that country.


Section 112: Exemption of certain persons employed in ordinary course of business

Context:
Where a person accused of an offence under section 103 proves—
(a) that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks; and
(b) that in the case which is the subject of the charge he was so employ ed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be; and
(c) that, having taken all reasonable precautions against committing the offence ch arged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description; and
(d) that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.

Question: What does clause (a) of Section 112 state?

Answer: that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks


Question: Under Section 112 (Exemption of certain persons employed in ordinary course of business), what is provided in clause (a)?

Answer: that in the ordinary course of his business he is employed on behalf of other persons to apply trade marks or trade descriptions, or as the case may be, to make dies, blocks, machines, plates, or other instruments for making, or being used in making, trade marks


Question: Under Section 112 (Exemption of certain persons employed in ordinary course of business), what is provided in clause (b)?

Answer: that in the case which is the subject of the charge he was so employ ed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be


Question: What is laid down in clause (b) of Section 112?

Answer: that in the case which is the subject of the charge he was so employ ed, and was not interested in the goods or other thing by way of profit or commission dependent on the sale of such goods or providing of services, as the case may be


Question: What is laid down in clause (c) of Section 112?

Answer: that, having taken all reasonable precautions against committing the offence ch arged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description


Question: In Section 112, what does clause (c) say?

Answer: that, having taken all reasonable precautions against committing the offence ch arged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the trade mark or trade description


Question: In Section 112, what does clause (d) say?

Answer: that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.


Question: What does clause (d) of Section 112 state?

Answer: that, on demand made by or on behalf of the prosecutor, he gave all the information in his power with respect to the persons on whose behalf the trade mark or trade description was applied, he shall be acquitted.


Section 112A: Adjudication of penalties

Context: The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating office r for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.

Question: What does Section 112A state about adjudication of penalties?

Answer: The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating office r for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.


Section 112A: Adjudication of penalties

Question: Under Section 112A, what is provided regarding adjudication of penalties?

Answer: The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating office r for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.


Section 112B: Appeal

Context:
(1) Whoever aggrieved by an order of the adjudicating officer under sect ion 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(5) The appellate authority referred to in sub -section
(1) shall dispose of th e appeal within sixty days from the date of filing.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 112A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.

Question: What does sub-section (1) of Section 112B state?

Answer: Whoever aggrieved by an order of the adjudicating officer under sect ion 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification


Section 112B: Appeal

Question: Under Section 112B (Appeal), what is provided in sub-section (1)?

Answer: Whoever aggrieved by an order of the adjudicating officer under sect ion 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification


Section 112B: Appeal

Question: Under Section 112B (Appeal), what is provided in sub-section (2)?

Answer: Every appeal under this section shall be preferred in such form and manner as may be prescribed.


Section 112B: Appeal

Question: What is laid down in sub-section (2) of Section 112B?

Answer: Every appeal under this section shall be preferred in such form and manner as may be prescribed.


Section 112B: Appeal

Question: What is laid down in sub-section (3) of Section 112B?

Answer: An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.


Section 112B: Appeal

Question: In Section 112B, what does sub-section (3) say?

Answer: An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.


Section 112B: Appeal

Question: In Section 112B, what does sub-section (4) say?

Answer: No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.


Section 112B: Appeal

Question: What does sub-section (4) of Section 112B state?

Answer: No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.


Section 112B: Appeal

Question: What does sub-section (5) of Section 112B state?

Answer: The appellate authority referred to in sub -section


Section 112B: Appeal

Question: Under Section 112B (Appeal), what is provided in sub-section (5)?

Answer: The appellate authority referred to in sub -section


Section 112B: Appeal

Question: Under Section 112B (Appeal), what is provided in sub-section (1)?

Answer: shall dispose of th e appeal within sixty days from the date of filing.


Section 112B: Appeal

Question: What is laid down in sub-section (1) of Section 112B?

Answer: shall dispose of th e appeal within sixty days from the date of filing.


Section 112B: Appeal

Question: What is laid down in sub-section (6) of Section 112B?

Answer: Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 112A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of


Section 112B: Appeal

Question: In Section 112B, what does sub-section (6) say?

Answer: Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 112A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of


Section 113: Procedure where invalidity of registration i s pleaded by the accused

Context:
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:—
(a) If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification of the register on the ground that the registration is invalid.
(b) If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.

Question: What does clause (a) of Section 113 state?

Answer: If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification


Question: Under Section 113 (Procedure where invalidity of registration i s pleaded by the accused), what is provided in clause (a)?

Answer: If the court is satisfied that such defence is prima facie tenable, it shall not proceed with the charge but shall adjourn the proceeding for three months from the date on which the plea of the accused is recorded to enable the accused to file an application before the High Court under this Act, for the rectification


Question: Under Section 113 (Procedure where invalidity of registration i s pleaded by the accused), what is provided in clause (b)?

Answer: If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.


Question: What is laid down in clause (b) of Section 113?

Answer: If the accused proves to the court that he has made such application within the time so limited or within such further time as the court may for sufficient cause allow, the further proceedings in the prosecution shall stand stayed till the disposal of such application for rectification.


Context:
(1) Where the offence charged under section 103 or section 104 or section 105 is in relation to a registered trade mark and the accused pleads that the registration of the trade mark is invalid, the following procedure shall be followed:—
(c) If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the High Court for rectification of the register, the court shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to i n sub -section ( 1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the Registrar or the High Court , as the case may be, , the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark.

Question: What is laid down in clause (c) of Section 113?

Answer: If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the High Court for rectification of the register, the court shall proceed with the case as if the registration were valid.


Question: In Section 113, what does clause (c) say?

Answer: If within a period of three months or within such extended time as may be allowed by the court the accused fails to apply to the High Court for rectification of the register, the court shall proceed with the case as if the registration were valid.


Section 114: Offences by companies

Context:
(1) If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for t he conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub -section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub -section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secreta ry or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.—For the purposes of this section— (a) “company” means any body corporate and includes a firm or other association of individuals; and (b) “director”, in relation to a firm, means a partner in the firm.

Question: What does sub-section (1) of Section 114 state?

Answer: If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for t he conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and


Section 114: Offences by companies

Question: Under Section 114 (Offences by companies), what is provided in sub-section (1)?

Answer: If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for t he conduct of its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and


Section 114: Offences by companies

Question: Under Section 114 (Offences by companies), what is provided in sub-section (2)?

Answer: Notwithstanding anything contained in sub -section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager,


Section 114: Offences by companies

Question: What is laid down in sub-section (2) of Section 114?

Answer: Notwithstanding anything contained in sub -section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager,


Section 115: Cognizance of certain offences and the powers of police officer for search and seizure

Context:
(1) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause ( c) of sub-section
(1) of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered.
(2) No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.
(3) The offences under section 103 or section 104 or section 105 shall be cognizable.

Question: What does sub-section (1) of Section 115 state?

Answer: of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered.


Question: Under Section 115 (Cognizance of certain offences and the powers of police officer for search and seizure), what is provided in sub-section (1)?

Answer: of section 107, a court shall take cognizance of an offence on the basis of a certificate issued by the Registrar to the effect that a registered trade mark has been represented as registered in respect of any goods or services in respect of which it is not in fact registered.


Question: Under Section 115 (Cognizance of certain offences and the powers of police officer for search and seizure), what is provided in sub-section (2)?

Answer: No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.


Question: What is laid down in sub-section (2) of Section 115?

Answer: No court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try an offence under this Act.


Question: What is laid down in sub-section (3) of Section 115?

Answer: The offences under section 103 or section 104 or section 105 shall be cognizable.


Question: In Section 115, what does sub-section (3) say?

Answer: The offences under section 103 or section 104 or section 105 shall be cognizable.


Context:
(1) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause ( c) of sub-section
(4) Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub -section ( 3) has been, is being, or is likely to be, committed, search and seize without warrant th e goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be produced before a Judicial Magistrate of the first class or Metropolitan M agistrate, as the case may be: Provided that the police officer, before making any search and seizure, shall obtain the opinion of the Registrar on facts involved in the offence relating to trade mark and shall abide by the opinion so obtained.

Question: In Section 115, what does sub-section (4) say?

Answer: Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub -section ( 3) has been, is being, or is likely to be, committed, search and seize without warrant th e goods, die, block, machine, plate, other instruments or


Question: What does sub-section (4) of Section 115 state?

Answer: Any police officer not below the rank of deputy superintendent of police or equivalent, may, if he is satisfied that any of the offences referred to in sub -section ( 3) has been, is being, or is likely to be, committed, search and seize without warrant th e goods, die, block, machine, plate, other instruments or


Context:
(1) No court shall take cognizance of an offence under section 107 or section 108 or section 109 except on complaint in writing made by the Registrar or any officer authorised by him in writing: Provided that in relation to clause ( c) of sub-section
(5) Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant and the prosecution, shall make such order on the application as he may deem fit.

Question: What does sub-section (5) of Section 115 state?

Answer: Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant


Question: Under Section 115 (Cognizance of certain offences and the powers of police officer for search and seizure), what is provided in sub-section (5)?

Answer: Any person having an interest in any article seized under sub-section (4), may, within fifteen days of such seizure, make an application to the Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be, for such article being restored to him and the Magistrate, after hearing the applicant


Section 116: Evidence of origin of goods imported by sea

Context: In the case of goods brought into India by sea, evidence of the po rt of shipment shall, in a prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under cla use (n) of sub -section (2) of section 11 of the said Act for the protection of trade marks relating to import of goods, be prima facie evidence of the place or country in which the goods were made or produced.

Question: What does Section 116 state about evidence of origin of goods imported by sea?

Answer: In the case of goods brought into India by sea, evidence of the po rt of shipment shall, in a prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government


Question: Under Section 116, what is provided regarding evidence of origin of goods imported by sea?

Answer: In the case of goods brought into India by sea, evidence of the po rt of shipment shall, in a prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government


Section 117: Costs of defence or prosecution

Context: In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties a nd the costs so awarded shall be recoverable as if they were a fine.

Question: What does Section 117 state about costs of defence or prosecution?

Answer: In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties a nd the costs so awarded shall be recoverable as if they


Question: Under Section 117, what is provided regarding costs of defence or prosecution?

Answer: In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties a nd the costs so awarded shall be recoverable as if they


Section 118: Limitation of prosecution

Context: No prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act,1962 (52 of 1962), relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause ( n) of sub -section (2) of section 11 of the said Act for the protection of trade marks, relating to import of goods shall be commenced after expiration of three years next af ter the commission of the offence charged, or two years after the discovery thereof by the prosecutor, whichever expiration first-happens.

Question: What does Section 118 state about limitation of prosecution?

Answer: No prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act,1962 (52 of 1962), relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause ( n) of sub -section (2) of section 11 of the said Act for the protection of trade


Section 118: Limitation of prosecution

Question: Under Section 118, what is provided regarding limitation of prosecution?

Answer: No prosecution for an offence under this Act or under clause ( b) of section 112 of the Customs Act,1962 (52 of 1962), relating to confiscation of goods under clause (d) of section 111 and notified by the Central Government under clause ( n) of sub -section (2) of section 11 of the said Act for the protection of trade


Section 119: Information as to commission of offence

Context: An officer of the Government whose duty it is to take part in the enfo rcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.

Question: What does Section 119 state about information as to commission of offence?

Answer: An officer of the Government whose duty it is to take part in the enfo rcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.


Question: Under Section 119, what is provided regarding information as to commission of offence?

Answer: An officer of the Government whose duty it is to take part in the enfo rcement of the provisions of this Chapter shall not be compelled in any court to say whence he got any information as to the commission of any offence against this Act.


Section 120: Punishment of abetment in India of acts done out of India

Context: If any person, being w ithin India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had himself committed in that place the act which he abetted. 121. Instructions of Central Government as to permissible variation to be observed by criminal courts.—The Central Government may, by notification in the Offic ial Gazette, issue instructions for the limits of variation, as regards number, quantity, measure, gauge or weight which are to be recognised by criminal courts as permissible in the case of any goods.

Question: What does Section 120 state about punishment of abetment in India of acts done out of India?

Answer: If any person, being w ithin India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had


Question: Under Section 120, what is provided regarding punishment of abetment in India of acts done out of India?

Answer: If any person, being w ithin India, abets the commission, without India, of any act which, if committed in India, would, under this Act, be an offence, he may be tried for such abetment in any place in India in which he may be found, and be punished therefor with the punishment to which he would be liable if he had


Section 122: Protection of action taken in good faith

Context: No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.

Question: What does Section 122 state about protection of action taken in good faith?

Answer: No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.


Question: Under Section 122, what is provided regarding protection of action taken in good faith?

Answer: No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.


Section 125: Application for rectification of register to be made to High Court in certain cases

Context:
(1) Where in a suit for infringement of a registered trade mark the validity of the registration of the plaintiff’s trade mark is questioned by the defendant or where in any such suit the defendant raises a defence under clause (e) of sub-section
(2) of section 30 and the plaintiff questions the validity of the registration of the defendant’s trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47 or section 57, such application shall be made to the High Court and not the Registrar.
(2) Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the High Court.

Question: What does sub-section (2) of Section 125 state?

Answer: of section 30 and the plaintiff questions the validity of the registration of the defendant’s trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47


Question: Under Section 125 (Application for rectification of register to be made to High Court in certain cases), what is provided in sub-section (2)?

Answer: of section 30 and the plaintiff questions the validity of the registration of the defendant’s trade mark, the issue as to the validity of the registration of the trade mark concerned shall be determined only on an application for the rectification of the register and, notwithstanding anything contained in section 47


Question: Under Section 125 (Application for rectification of register to be made to High Court in certain cases), what is provided in sub-section (2)?

Answer: Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the High Court.


Question: What is laid down in sub-section (2) of Section 125?

Answer: Subject to the provisions of sub-section (1), where an application for rectification of the register is made to the Registrar under section 47 or section 57, the Registrar may, if he thinks fit, refer the application at any stage of the proceedings to the High Court.


Section 127: Powers of Registrar

Context:
In all proceedings under this Act before the Registrar,—
(a) the Registrar shall have all the powers of a c ivil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court: Provided that the Registrar shall have no power to award costs to or against an y party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or provision of services or to authorise the use of the mark;
(c) the Registrar may, on an application made in the prescribed manner, review his own decision.

Question: What does clause (a) of Section 127 state?

Answer: the Registrar shall have all the powers of a c ivil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;


Section 127: Powers of Registrar

Question: Under Section 127 (Powers of Registrar), what is provided in clause (a)?

Answer: the Registrar shall have all the powers of a c ivil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;


Section 127: Powers of Registrar

Question: Under Section 127 (Powers of Registrar), what is provided in clause (b)?

Answer: the Registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court


Section 127: Powers of Registrar

Question: What is laid down in clause (b) of Section 127?

Answer: the Registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court


Section 127: Powers of Registrar

Question: What is laid down in clause (c) of Section 127?

Answer: the Registrar may, on an application made in the prescribed manner, review his own decision.


Section 127: Powers of Registrar

Question: In Section 127, what does clause (c) say?

Answer: the Registrar may, on an application made in the prescribed manner, review his own decision.


Section 128: Exercise of discretionary power by Registrar

Context: Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person appl ying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard.

Question: What does Section 128 state about exercise of discretionary power by Registrar?

Answer: Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person appl ying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an


Question: Under Section 128, what is provided regarding exercise of discretionary power by Registrar?

Answer: Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person appl ying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an


Section 129: Evidence before Registrar

Context: In any proceeding under this Act before the Registrar, evidence shall be given by affidavit: Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.

Question: What does Section 129 state about evidence before Registrar?

Answer: In any proceeding under this Act before the Registrar, evidence shall be given by affidavit


Section 129: Evidence before Registrar

Question: Under Section 129, what is provided regarding evidence before Registrar?

Answer: In any proceeding under this Act before the Registrar, evidence shall be given by affidavit


Section 130: Death of party to a proceeding

Context: If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in h is place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.

Question: What does Section 130 state about death of party to a proceeding?

Answer: If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in h is


Question: Under Section 130, what is provided regarding death of party to a proceeding?

Answer: If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in h is


Section 133: Preliminary advice by the Registrar as to distinctiveness

Context:
(1) The Registrar may, on application made to him in the prescribed manner b y any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive.
(2) If, on an application for the registration of a trade mark as to which the Registrar has gi ven advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice , to the applicant of objection on the ground that the trade mark is not distinctive, t he applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.

Question: What does sub-section (1) of Section 133 state?

Answer: The Registrar may, on application made to him in the prescribed manner b y any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive.


Question: Under Section 133 (Preliminary advice by the Registrar as to distinctiveness), what is provided in sub-section (1)?

Answer: The Registrar may, on application made to him in the prescribed manner b y any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive.


Question: Under Section 133 (Preliminary advice by the Registrar as to distinctiveness), what is provided in sub-section (2)?

Answer: If, on an application for the registration of a trade mark as to which the Registrar has gi ven advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice , to the applicant of objection on the ground that the


Question: What is laid down in sub-section (2) of Section 133?

Answer: If, on an application for the registration of a trade mark as to which the Registrar has gi ven advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice , to the applicant of objection on the ground that the


Section 134: Suit for infringement, etc

Context:
, to be instituted before District Court.—(1) No suit—
(a) for the infringement of a registered trade mark; or
(b) relating to any right in a registered trade mark; or
(c) for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit. (2) For the purpose of clauses ( a) and ( b) of sub -section (1), a “District Court having jur isdiction” shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force, include a District Court within the local limits of whose jurisdiction, at the time of the institution of th e suit or other proceeding, the person instituting the suit or proceeding, or, where there are more than one such persons any of them, actually and voluntarily resides or carries on business or personally works for gain. Explanation.—For the purposes of s ub-section ( 2), “person” includes the registered proprietor and the registered user.

Question: What does clause (a) of Section 134 state?

Answer: for the infringement of a registered trade mark


Section 134: Suit for infringement, etc

Question: Under Section 134 (Suit for infringement, etc), what is provided in clause (a)?

Answer: for the infringement of a registered trade mark


Section 134: Suit for infringement, etc

Question: Under Section 134 (Suit for infringement, etc), what is provided in clause (b)?

Answer: relating to any right in a registered trade mark


Section 134: Suit for infringement, etc

Question: What is laid down in clause (b) of Section 134?

Answer: relating to any right in a registered trade mark


Section 134: Suit for infringement, etc

Question: What is laid down in clause (c) of Section 134?

Answer: for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.


Section 134: Suit for infringement, etc

Question: In Section 134, what does clause (c) say?

Answer: for passing off arising out of the use by the defendant of any trade mark which is identical with or deceptively similar to the plaintiff’s trade mark, whether registered or unregistered, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.


Section 135: Relief in suits for infringement or for passing off

Context:
(1) The relief which a court may grant in any suit for infringement or for passing off referred to in section 13 4 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or wit hout any order for the delivery -up of the infringing labels and marks for destruction or erasure. (2) The order of injunction under sub -section ( 1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:—
(a) for discovery of documents;
(b) preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;
(c) restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff’s ability to recover damages, costs or other pecunia ry remedies which may be finally awarded to the plaintiff. (3) Notwithstanding anything contained in sub -section (1), the court shall not grant relief by way of damages (other than nominal damages) or on account of profits in any case—
(a) where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark; or
(b) where in a suit for infringement the defendant satisfies the court—

Question: What does clause (a) of Section 135 state?

Answer: for discovery of documents;


Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (a)?

Answer: for discovery of documents;


Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (b)?

Answer: preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;


Question: What is laid down in clause (b) of Section 135?

Answer: preserving of infringing goods, documents or other evidence which are related to the subject-matter of the suit;


Question: What is laid down in clause (c) of Section 135?

Answer: restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff’s ability to recover damages, costs or other pecunia ry remedies which may be finally awarded to the plaintiff.


Question: In Section 135, what does clause (c) say?

Answer: restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff’s ability to recover damages, costs or other pecunia ry remedies which may be finally awarded to the plaintiff.


Question: In Section 135, what does clause (a) say?

Answer: where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark


Question: What does clause (a) of Section 135 state?

Answer: where in a suit for infringement of a trade mark, the infringement complained of is in relation to a certification trade mark or collective mark


Question: What does clause (b) of Section 135 state?

Answer: where in a suit for infringement the defendant satisfies the court—


Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (b)?

Answer: where in a suit for infringement the defendant satisfies the court—


Context:
(1) The relief which a court may grant in any suit for infringement or for passing off referred to in section 13 4 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or wit hout any order for the delivery -up of the infringing labels and marks for destruction or erasure. (2) The order of injunction under sub -section ( 1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:—
(i) that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use; and
(ii) that when he became aware of the existence and nature of the plaintiff’s right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered; or
(c) where in a suit for passing off, the defendant satisfies the court—
(i) that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark fo r the plaintiff was in use; and

Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (i)?

Answer: that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use


Question: What is laid down in clause (i) of Section 135?

Answer: that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark of the plaintiff was on the register or that the plaintiff was a registered user using by way of permitted use


Question: What is laid down in clause (ii) of Section 135?

Answer: that when he became aware of the existence and nature of the plaintiff’s right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered


Question: In Section 135, what does clause (ii) say?

Answer: that when he became aware of the existence and nature of the plaintiff’s right in the trade mark, he forthwith ceased to use the trade mark in relation to goods or services in respect of which it was registered


Question: In Section 135, what does clause (c) say?

Answer: where in a suit for passing off, the defendant satisfies the court—


Question: What does clause (c) of Section 135 state?

Answer: where in a suit for passing off, the defendant satisfies the court—


Question: What does clause (i) of Section 135 state?

Answer: that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark fo r the plaintiff was in use


Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (i)?

Answer: that at the time he commenced to use the trade mark complained of in the suit , he was unaware and had no reasonable ground for believing that the trade mark fo r the plaintiff was in use


Context:
(1) The relief which a court may grant in any suit for infringement or for passing off referred to in section 13 4 includes injunction (subject to such terms, if any, as the court thinks fit) and at the option of the plaintiff, either damages or an account of profits, together with or wit hout any order for the delivery -up of the infringing labels and marks for destruction or erasure. (2) The order of injunction under sub -section ( 1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:—
(ii) that when he became aware of the existence and na ture of the plaintiff’s trade mark he forthwith ceased to use the trade mark complained of.

Question: Under Section 135 (Relief in suits for infringement or for passing off), what is provided in clause (ii)?

Answer: that when he became aware of the existence and na ture of the plaintiff’s trade mark he forthwith ceased to use the trade mark complained of.


Question: What is laid down in clause (ii) of Section 135?

Answer: that when he became aware of the existence and na ture of the plaintiff’s trade mark he forthwith ceased to use the trade mark complained of.


Section 136: Registered user to be impleaded in certain proceedings

Context:
(1) In every proceeding under chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respec t of any proceeding under that C hapter or section, shall be made a party to the proceeding.
(2) Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and t akes part in the proceeding.

Question: What does sub-section (1) of Section 136 state?

Answer: In every proceeding under chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respec t of any proceeding under that C hapter or section, shall be made a party to the proceeding.


Question: Under Section 136 (Registered user to be impleaded in certain proceedings), what is provided in sub-section (1)?

Answer: In every proceeding under chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respec t of any proceeding under that C hapter or section, shall be made a party to the proceeding.


Question: Under Section 136 (Registered user to be impleaded in certain proceedings), what is provided in sub-section (2)?

Answer: Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and t akes part in the proceeding.


Question: What is laid down in sub-section (2) of Section 136?

Answer: Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and t akes part in the proceeding.


Section 137: Evidence of entries in register, etc

Context: , and things done by the Registrar .—(1) A copy of any entry in the register or of any document refer red to in sub -section ( 1) of section 148 purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original. (2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.

Question: What does Section 137 state about evidence of entries in register, etc?

Answer: , and things done by the Registrar .—(1) A copy of any entry in the register or of any document refer red to in sub -section ( 1) of section 148 purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry shall be admitted in evidence in all courts and in all proceedings without


Question: Under Section 137, what is provided regarding evidence of entries in register, etc?

Answer: , and things done by the Registrar .—(1) A copy of any entry in the register or of any document refer red to in sub -section ( 1) of section 148 purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry shall be admitted in evidence in all courts and in all proceedings without


Section 138: Registrar and other officers not compellable to produce register, etc

Context: The Registrar or any officer of the Trade Marks Registry 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 cause.

Question: What does Section 138 state about registrar and other officers not compellable to produce register, etc?

Answer: The Registrar or any officer of the Trade Marks Registry 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


Question: Under Section 138, what is provided regarding registrar and other officers not compellable to produce register, etc?

Answer: The Registrar or any officer of the Trade Marks Registry 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


Section 139: Power to require goods to show indication of origin

Context:
(1) The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or prod uced beyond the limits of India and imported into India, or , which are made or produced within the limits of India, shall, from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured.
(2) The notification may specify the manner in which s uch indication shall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both.
(3) No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Ce ntral Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the Central Government may consider necessary.

Question: What does sub-section (1) of Section 139 state?

Answer: The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or prod uced beyond the limits of India and imported into India, or , which are made or produced within the limits of India, shall, from such date as may be appointed by the


Question: Under Section 139 (Power to require goods to show indication of origin), what is provided in sub-section (1)?

Answer: The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or prod uced beyond the limits of India and imported into India, or , which are made or produced within the limits of India, shall, from such date as may be appointed by the


Question: Under Section 139 (Power to require goods to show indication of origin), what is provided in sub-section (2)?

Answer: The notification may specify the manner in which s uch indication shall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether


Question: What is laid down in sub-section (2) of Section 139?

Answer: The notification may specify the manner in which s uch indication shall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether


Question: What is laid down in sub-section (3) of Section 139?

Answer: No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Ce ntral Government is otherwise convinced that it is necessary in


Question: In Section 139, what does sub-section (3) say?

Answer: No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Ce ntral Government is otherwise convinced that it is necessary in


Context:
(4) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye -law the making of which is subject to the condition of previous publication.
(5) A notification under this section shall not apply to g oods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or tran sit through India or otherwise.

Question: In Section 139, what does sub-section (4) say?

Answer: The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye -law the making of which is subject to the condition of previous publication.


Question: What does sub-section (4) of Section 139 state?

Answer: The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye -law the making of which is subject to the condition of previous publication.


Question: What does sub-section (5) of Section 139 state?

Answer: A notification under this section shall not apply to g oods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or tran sit through


Question: Under Section 139 (Power to require goods to show indication of origin), what is provided in sub-section (5)?

Answer: A notification under this section shall not apply to g oods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or tran sit through


Section 141: Certificate of validity

Context: If in any legal proceeding for rectification of the register before the High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judg ment in his favour affirming validity of the registration of the trade mark shall, unle ss the said final order or judg ment for sufficient reason directs otherwise , be entitled to his full cost charges and expenses as between legal practitioner and client.

Question: What does Section 141 state about certificate of validity?

Answer: If in any legal proceeding for rectification of the register before the High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a


Section 141: Certificate of validity

Question: Under Section 141, what is provided regarding certificate of validity?

Answer: If in any legal proceeding for rectification of the register before the High Court a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration of the trade mark, the High Court may grant a certificate to that effect, and if such a


Section 142: Groundless threats of legal proceedings

Context:
(1) Where a person, by means of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is regi stered, or alleged by the first -mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not the registered proprietor or the registered user of the trade mark, bring a suit against the first-mentioned person and may obtain a declaration to the effect that th e threats are unjustifiable, and an injunction against the continuance of the threats and may recover such damages (if any) as he has sustained, unless the first-mentioned person satisfies the court that the trade mark is registered and tha t the acts in respect of which the proceedings were threatened, constitute, or, if done, would constitute, an infringement of the trade mark.
(2) The last preceding sub -section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub -section
(1) of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.

Question: What does Where a person, by mean in Section 142?

Answer: of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is regi stered, or alleged by the first -mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not


Question: How does Section 142 define Where a person, by?

Answer: of circulars, advertisements or otherwise, threatens a person with an action or proceeding for infringement of a trade mark which is regi stered, or alleged by the first -mentioned person to be registered, or with some other like proceeding, a person aggrieved may, whether the person making the threats is or is not


Question: Under Section 142 (Groundless threats of legal proceedings), what is provided in sub-section (2)?

Answer: The last preceding sub -section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub -section


Question: What is laid down in sub-section (2) of Section 142?

Answer: The last preceding sub -section does not apply if the registered proprietor of the trade mark, or a registered user acting in pursuance of sub -section


Question: What is laid down in sub-section (1) of Section 142?

Answer: of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.


Question: In Section 142, what does sub-section (1) say?

Answer: of section 52 with due diligence commences and prosecutes an action against the person threatened for infringement of the trade mark.


Context:
(3) Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional c apacity on behalf of a client.
(4) A suit under sub-section
(1) shall not be instituted in any court inferior to a District Court.

Question: In Section 142, what does sub-section (3) say?

Answer: Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional c apacity on behalf of a client.


Question: What does sub-section (3) of Section 142 state?

Answer: Nothing in this section shall render a legal practitioner or a registered trade marks agent liable to an action under this section in respect of an act done by him in his professional c apacity on behalf of a client.


Question: What does sub-section (4) of Section 142 state?

Answer: A suit under sub-section


Question: Under Section 142 (Groundless threats of legal proceedings), what is provided in sub-section (4)?

Answer: A suit under sub-section


Question: Under Section 142 (Groundless threats of legal proceedings), what is provided in sub-section (1)?

Answer: shall not be instituted in any court inferior to a District Court.


Question: What is laid down in sub-section (1) of Section 142?

Answer: shall not be instituted in any court inferior to a District Court.


Section 145: Agents

Context:
Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is—
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a trade marks agent, or
(c) a person in the sole and regular employment of the principal.

Question: What does clause (a) of Section 145 state?

Answer: a legal practitioner, or


Section 145: Agents

Question: Under Section 145 (Agents), what is provided in clause (a)?

Answer: a legal practitioner, or


Section 145: Agents

Question: Under Section 145 (Agents), what is provided in clause (b)?

Answer: a person registered in the prescribed manner as a trade marks agent, or


Section 145: Agents

Question: What is laid down in clause (b) of Section 145?

Answer: a person registered in the prescribed manner as a trade marks agent, or