The Trade Marks Act, 1999

The Trade Marks Act, 1999, is an Indian law enacted to consolidate and amend the law relating to trade marks. The Act provides for registration and protection of trade marks, as well as provisions for opposition, cancellation, and assignment of registered trade marks.

The Act defines various terms used in the context of trade marks, including "trade mark," "registered proprietor," "assigned user," and "collective mark." It also prescribes conditions for registration, such as the requirement that a trade mark be distinctive and not likely to cause confusion with other marks.

The Act provides for the establishment of a Trade Marks Registry, which is responsible for maintaining the Register of Trade Marks. The registry is headed by a Registrar, who is appointed by the Central Government. The registrar has the power to withdraw or transfer cases, etc., and to deal with matters pending before an officer under his superintendence.

The Act also provides provisions for opposition, cancellation, and assignment of registered trade marks. It prescribes penalties for applying false trade marks or descriptions, as well as for selling goods or providing services with false trade marks or descriptions.

Key sections of the Act include:

• Section 3: Appointment of Registrar and other officers


• Section 4: Power of Registrar to withdraw or transfer cases, etc.


• Section 5: Trade Marks Registry and offices thereof


• Section 6: The Register of Trade Marks


• Section 7: Classification of goods and services


• Section 8: Publication of alphabetical index


• Section 9: Absolute grounds for refusal of registration


• Section 10: Limitation as to colour

The Act also provides special provisions for collective marks, certification trade marks, and textile goods.

Overall, the Trade Marks Act, 1999, aims to provide a comprehensive framework for the protection and management of trade marks in India.