Print View

[Section Index]

The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter II

THE REGISTER AND CONDITIONS FOR REGISTRATION

The register of trade marks
4. 1[(1) For the purposes of this Act, there shall be established a Trade Marks Registry which shall be the Trade Marks Registry Wing referred to in sub-section (3) of section 55 of the Patents And Designs Act, 1911 (II of 1911); and a record called the Register of Trade Marks, in this Act referred to as the register, shall be kept thereat wherein shall be entered all registered trade marks with the names, addresses anddescriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of registered users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as may be prescribed, but there shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar.]
 
 
 
 
2[(2) There shall be a Registrar of Trade Marks to be called the Registrar for the purposes of this Act, and the Registrar of Patents, Designs and Trade Marks appointed under sub-section (1) of section 55 of the Patents And Designs Act, 1911 (II of 1911) shall be the Registrar; and subject to the superintendence and direction of the Government, the register shall be kept under the control and management of him.]
 
 
 
 
(2A) and (2B) [Omitted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003).]
 
 
 
 
(3) The register shall at all convenient times be open to the inspection of the public, subject to such conditions and restrictions as may be prescribed.
 
 
 
 
(4) [Omitted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003).]

  • 1
    Sub-section (1) was substituted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003)
  • 2
    Sub-section (2) was substituted by section 2 of the Trade Marks (Amendment) Act, 2003 (Act No. XIV of 2003)
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs