Trade Marks Act, 1999

Section 38 – Trade Marks Act, 1999

Assignability and transmissibility of registered trade marks Notwithstanding anything in any other law to the contrary, a registered trade mark shall, subject to the provisions of this Chapter, be assignable and transmissible, whether with or without the goodwill of the business concerned and in respect either of all the goods or services in respect of […]

Section 37 – Trade Marks Act, 1999

Power of registered proprietor to assign and give receipts The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power to assign the trade mark,

Section 36G – Trade Marks Act, 1999

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

Section 36F – Trade Marks Act, 1999

Effects of international registration (1) From the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection resulting from an international registration of a trade mark to India, the protection of the

Section 36E – Trade Marks Act, 1999

International registrations where India has been designated (1) The Registrar shall, after receipt of an advice from the International Bureau about any international registration where India has been designated, keep a record of the particulars of that international registration in the prescribed manner. (2) Where, after recording the particulars of any international registration referred to

Section 36D – Trade Marks Act, 1999

International application originating from India  (1) Where an application for the registration of a trade mark has been made under section 18 or a trade mark has been registered under section 23, the applicant or the registered proprietor may make an international application on the form prescribed by the Common Regulations for international registration of

Section 36C – Trade Marks Act, 1999

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

Section 36B – Trade Marks Act, 1999

Definitions In this Chapter, unless the context otherwise requires,— (a)   “application”, in relation to a Contracting State or a Contracting Organisation, means an application made by a person who is a citizen of, or is domiciled in, or has a real and effective industrial or commercial establishment in, that Contracting State or a State

Section 36A – Trade Marks Act, 1999

Application of Act in case of international registration under Madrid Protocol The provisions of this Chapter shall apply to international applications and international registrations under the Madrid Protocol.

Section 36 – Trade Marks Act, 1999

Saving for words used as name or description of an article or substance or service (1) The registration of a trade mark shall not be deemed to have become invalid by reason only of any use after the date of the registration of any word or words which the trade mark contains or of which