এই আইনটি ট্রেডমার্ক আইন, ২০০৯ (২০০৯ সনের ১৯ নং আইন) দ্বারা রহিত করা হইয়াছে।
CONTENTS
SECTIONS
1. Short title, extent and commencement
3. Application of other laws not barred
4. The register of trade marks
5. Registration to be in respect of particular goods
6. Distinctiveness requisite for registration
8. Prohibition of registration of certain matter
9. Use of names of chemical elements barred
10. Prohibition of registration of identical or similar trade mark
11. Registration of parts of trade marks and of trade marks as a series
13. Registration subject to disclaimer
14. Application for registration
15. Opposition to registration
18. Duration and renewal of registration
19. Effect of removal from register for failure to pay fee for renewal
20. No action for infringement of unregistered trade mark
21. Right conferred by registration
22. No infringement in certain circumstances
23. Registration to be prima facie evidence of validity
24. Registration to be conclusive as to validity after seven years
26. Saving for use of name, address, or description of goods
27. Words used as name or description of an article or substance
28. Power of registered proprietor to assign and give receipts
29. Assignability of registered trade marks
30. Assignability of unregistered trade marks
31. Restrictions on assignment or transmission where multiple exclusive rights would be created
33. Conditions for assignment otherwise than in connection with the goodwill of a business
35. Registration of assignments and transmissions
36. Proposed use of trade mark by company to be formed
37. Removal from register and imposition of limitations on ground of non use
38. Defensive registration of well known trade marks
40. Power of registered user to take proceedings against infringement
41. Application for registration as registered user
42. Power to Registrar to vary or cancel registration as registered user
43. Registered user not to have right of assignment or transmission
44. Use of one of associated or substantially identical trade marks equivalent to use of another
45. Use of trade mark for export trade, and use when form of trade connection changes
46. Power to cancel or vary registration and to rectify the register
48. Alteration of registered trade mark
49. Adaptation of entries in register to amended or substituted classification of goods
50. Provisions of this Act applicable to certification trade marks
52. Determination whether a mark is a certification trade mark
53. Application for registration
54. Consideration of application for registration by Government
55. Opposition to registration
56. Deposit of regulations governing the use of a certification trade mark
57. Right conferred by registration
58. No infringement in certain circumstances
59. Cancellation or varying of registration
60. Costs not to be awarded in certain cases
61. Decisions of Government to be final
64. Restrictions on registration of textile goods
65. Refused Textile Marks List
67. Penalty for falsification of entries in register
68. Penalty for falsely representing a trade mark as registered
69. Restraint of use of Royal Arms and State Emblems
70. Procedure before the Registrar
71. Procedure before Government
72. Procedure in certain cases of option to apply to the High Court Division or the Registrar
73. Suits for infringement to be instituted before District Court
74A. Costs of Registrar in proceedings before High Court Division
74. Appearance of Registrar in proceedings involving recti¬fication of register
75. Evidence of entries in register and things done by Registrar
77. Power to Supreme Court to make rules
79. Trade usage, etc., to be taken into consideration
83. Power to make reciprocal arrangements with other Governments