Trade Marks Act, 1999

Registration of parts of trade marks and of trade marks as a series (1) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks. (2) Each such separate trade mark shall […]

Use of names and representations of living persons or persons recently dead Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark,

Prohibition of registration of names of chemical elements or international non- proprietary names. No word— (a)   which is the commonly used and accepted name of any single chemical element or any single chemical compound (as distinguished from a mixture) in respect of a chemical substance or preparation, or (b)   which is declared by

[Qualifications, terms and conditions of service of Chairperson, and Member Notwithstanding anything contained in this Act, the qualifications, appointment, term of office, salaries and allowances, resignation, removal and the other terms and conditions of service of the Chairperson and other members of the Appellate Tribunal appointed after the commencement of Part XIV of Chapter VI

Registration in the case of honest concurrent use, etc In the case of honest concurrent use or of other special circumstances which in the opinion of the Registrar, make it proper so to do, he may permit the registration by more than one proprietor of the trade marks which are identical or similar (whether any

Relative grounds for refusal of registration (1)Save as provided in section 12, a trade mark shall not be registered if, because of— (a)   its identity with an earlier trade mark and similarity of goods or services covered by the trade mark; or (b)   its similarity to an earlier trade mark and the identity

Limitation as to colour (1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the [Registrar or the High Court, as the case may be,] having to decide on the distinctive character of the trade mark. (2) So far as a

Absolute grounds for refusal of registration (1) The trade marks— (a)   which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person; (b)   which consist exclusively of marks or indications which may serve in trade to designate

Publication of alphabetical index (1) The Registrar may publish in the prescribed manner an alphabetical index of classification of goods and services referred to in section 7. (2) Where any goods or services are not specified in the alphabetical index of goods and services published under sub-section (1), the classification of goods or services shall

Classification of goods and services (1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks. (2) Any question arising as to the class within which any goods or services falls shall be determined by