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Table of Contents
Trade Marks Act, 1993 (Act No. 194 of 1993)
Notice No. 7 of 1994
Act
Part I : Introduction
1. Division of Act into parts
2. Definitions
3. Application of Act to trade marks registered under repealed Act
4. Act binds State
Part II : Administration
5. Continuation of trade marks office
6. Registrar of trade marks
7. Seal of trade marks office
8. Unauthorized persons not to act in trade mark matters
Part III : Registrable Trade Marks
9. Registrable trade marks
10. Unregistrable trade marks
11. Registration to be in respect of particular goods or services
12. Name or representation of person
13. [Repealed] Registration in case of use of mark only in respect of certain goods and services included in specification
14. Honest concurrent use
15. Registration subject to disclaimer
Part IV : Application for Registration
16. Application for registration
17. Advertisement of accepted application
18. Registration of parts of trade marks
19. Proposed use of trade mark by body corporate to be established
20. Non-completed applications
Part V : Opposition
21. Opposition to registration
Part VI : Register of Trade Marks
22. Register
23. Amendment of register
24. General power to rectify entries in register
25. Alteration of registered trade mark
26. Power to remove or vary registration for breach of condition
27. Removal from register on ground of non-use
28. Date of removal and partial removal
Part VII : Registration and its Effects
29. Registration
30. Certain trade marks to be associated so as to be assignable and transmissible as a whole only
31. Use of one associated or substantially identical trade mark equivalent to use of another
32. Limitation of trade mark as to particular colours
Part VIII : Infringement
33. Registration a condition precedent to an action for infringement
34. Infringement of registered trade mark
35. Protection of well-known marks under Paris Convention
36. Saving of vested rights
Part IX : Duration and Renewal of Registration
37. Duration and renewal of registration
Part X : Permitted Use and Registered Users
38. Permitted use and registered users
Part XI : Assignment and Hypothecation
39. Powers of, and restrictions on, assignment and transmission
40. Registration of assignments and transmissions
41. Hypothecation and attachment
Part XII : Certification Trade Marks and Collective Trade Marks
42. Certification trade marks
43. Collective trade marks
Part XIII : Powers and Duties of Registrar
44. Venue of proceedings
45. General powers of registrar
46. Power of registrar to allow amendment of document
47. Duty of registrar in exercising discretionary power
48. Taxation of costs awarded by registrar
48A. List of emblems of convention countries and international organizations
Part XIV : Evidence
49. Register to be prima facie evidence
50. Certificate of registrar to be prima facie evidence
51. Registration to be prima facie evidence of validity
52. Certification of validity
Part XV : Appeals to and Powers of Court
53. Recourse to court, and appeals
54. Power to order production of certificate of registration
55. Notice to registrar of application to court
56. Registrar's appearance in proceedings involving rectification of register
57. Court's power to review registrar's decision
58. Discretion of court in appeals
59. Procedure in cases of option to apply to court or registrar
Part XVI : Offences
60. Penalties for fraud in relation to registers
61. Penalty for making false statements
62. Penalty for falsely representing trade mark as registered
Part XVII : International Arrangements
63. International arrangements
Part XVIII : Miscellaneous
64. Use of trade mark for export trade
65. Payment of prescribed fee to be made
66. Address for service
67. Calculation of periods of time
68. Persons under disability
69. Fees, regulations, forms and classification of goods
70. Transitional provisions
71. Repeal of laws
72. Short title and commencement
Part X : Permitted Use and Registered Users
Purchase
38. Permitted use and registered users
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