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Trade Mark Act One Liner Notes

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THE TRADE MARKS ACT, 1999

PREAMBLE
What is the subject matter of the Trade Marks Act, 1999?	To amend and consolidate the law relating to trade marks, provide for registration and better protection of trade marks for goods and services, and prevent the use of fraudulent marks.
What is the Act number of the Trade Marks Act, 1999?	Act No. 47 of 1999.
When did the Trade Marks Act, 1999 receive the assent of the President?	30th December, 1999.
In which year of the Republic of India was the Trade Marks Act, 1999 enacted?	The Fiftieth Year of the Republic of India.

CHAPTER-I
PRELIMINARY
What is the subject matter of Section 1?	Short title, extent and commencement.
What is the short title of the Act?	The Trade Marks Act, 1999.
To what extent does the Trade Marks Act, 1999 extend?	It extends to the whole of India.
Who may appoint the date of commencement of the Trade Marks Act, 1999?	The Central Government, by notification in the Official Gazette.
How is the date of commencement of the Trade Marks Act, 1999 appointed?	By notification in the Official Gazette.
Can different dates be appointed for different provisions of the Trade Marks Act, 1999?	Yes, different dates may be appointed for different provisions.
How shall a reference to the commencement of the Trade Marks Act, 1999 be construed where different dates are appointed for different provisions?	As a reference to the coming into force of that provision.
What is the subject matter of Section 2?	Definitions and interpretation.
What is the subject matter of Section 2(1)(a)?	Definition of "Appellate Board".
What is meant by "Appellate Board" under Section 2(1)(a)?	The Appellate Board established under Section 83.
What is the subject matter of Section 2(1)(b)?	Definition of "assignment".
What does "assignment" mean under Section 2(1)(b)?	An assignment in writing by act of the parties concerned.
What is the subject matter of Section 2(1)(c)?	Definition of "associated trade marks".
What are "associated trade marks" under Section 2(1)(c)?	Trade marks deemed to be, or required to be, registered as associated trade marks under the Act.
What is the subject matter of Section 2(1)(d)?	Definition of "Bench".
What does "Bench" mean under Section 2(1)(d)?	A Bench of the Appellate Board.
What is the subject matter of Section 2(1)(e)?	Definition of "certification trade mark".
What is a "certification trade mark" under Section 2(1)(e)?	A mark distinguishing certified goods or services from uncertified goods or services in respect of origin, material, mode of manufacture, performance, quality, accuracy or other characteristics and registrable under Chapter IX.
What is the subject matter of Section 2(1)(f)?	Definition of "Chairperson".
What does "Chairperson" mean under Section 2(1)(f)?	The Chairperson of the Appellate Board.
What is the subject matter of Section 2(1)(g)?	Definition of "collective mark".
What is a "collective mark" under Section 2(1)(g)?	A trade mark distinguishing the goods or services of members of an association of persons (not being a partnership under the Indian Partnership Act, 1932) from those of others.
What is the subject matter of Section 2(1)(h)?	Definition of "deceptively similar".
When is a mark deemed to be deceptively similar under Section 2(1)(h)?	When it so nearly resembles another mark as to be likely to deceive or cause confusion.
What is the subject matter of Section 2(1)(i)?	Definition of "false trade description".
What is a false trade description under Section 2(1)(i)(I)?	A trade description that is untrue or misleading in a material respect regarding the goods or services to which it is applied.
When does alteration of a trade description amount to a false trade description under Section 2(1)(i)(II)?	When the alteration, by addition, effacement or otherwise, makes the description untrue or misleading in a material respect.
When is a trade description false under Section 2(1)(i)(III)?	When it denotes or implies that goods contain more standard yards or standard metres than they actually contain.
When do marks or arrangements constitute a false trade description under Section 2(1)(i)(IV)(a)?	When applied to goods so as to make persons believe that the goods are the manufacture or merchandise of another person.
When do marks or arrangements constitute a false trade description under Section 2(1)(i)(IV)(b)?	When used in relation to services so as to make persons believe that the services are provided or rendered by another person.
When does the use of a false name or initials amount to a false trade description under Section 2(1)(i)(V)?	When all the conditions in clauses (a), (b) and (c) are satisfied.
What is the first condition under Section 2(1)(i)(V)(a)?	The name or initials are not a trade mark or part of a trade mark.
What is the second condition under Section 2(1)(i)(V)(b)?	The name or initials are identical with or deceptively similar to those of a person carrying on business in relation to goods or services of the same description without that person's authority.
What is the third condition under Section 2(1)(i)(V)(c)?	The name or initials belong to a fictitious person or to a person not bona fide carrying on such business.
Does the fact that a trade description is a trade mark or part of a trade mark prevent it from being a false trade description?	No.
What is the subject matter of Section 2(1)(j)?	Definition of "goods".
What are "goods" under Section 2(1)(j)?	Anything which is the subject of trade or manufacture.
What is the subject matter of Section 2(1)(k)?	Definition of "Judicial Member".
Who is a "Judicial Member" under Section 2(1)(k)?	A Judicial Member of the Appellate Board, including the Chairperson and the Vice-Chairperson.
What is the subject matter of Section 2(1)(l)?	Definition of "limitations".
What are "limitations" under Section 2(1)(l)?	Limitations on the exclusive right to use a trade mark, including limitations as to mode or area of use within or outside India.
What is the subject matter of Section 2(1)(m)?	Definition of "mark".
What does "mark" include under Section 2(1)(m)?	A device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours or any combination thereof.
What is the subject matter of Section 2(1)(n)?	Definition of "Member".
Who is a "Member" under Section 2(1)(n)?	A Judicial Member or Technical Member of the Appellate Board, including the Chairperson and the Vice-Chairperson.
What is the subject matter of Section 2(1)(o)?	Definition of "name".
What does "name" include under Section 2(1)(o)?	Any abbreviation of a name.
What is the subject matter of Section 2(1)(p)?	Definition of "notify".
What does "notify" mean under Section 2(1)(p)?	To notify in the Trade Marks Journal published by the Registrar.
What is the subject matter of Section 2(1)(q)?	Definition of "package".
What does "package" include under Section 2(1)(q)?	Any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork.
What is the subject matter of Section 2(1)(r)?	Definition of "permitted use".
When is use by a registered user regarded as permitted use under Section 2(1)(r)(i)?	When it satisfies clauses (a) to (d): connection in trade, registration of the trade mark, registration as a registered user, and compliance with conditions and limitations.
When is use by a person other than the registered proprietor or registered user regarded as permitted use under Section 2(1)(r)(ii)?	When it satisfies clauses (a) to (d): connection in trade, subsisting registration, written consent of the registered proprietor, and compliance with applicable conditions and limitations.
What is the subject matter of Section 2(1)(s)?	Definition of "prescribed".
What does "prescribed" mean under Section 2(1)(s)?	Prescribed by rules made under the Trade Marks Act.
What is the subject matter of Section 2(1)(t)?	Definition of "register".
What is the "register" under Section 2(1)(t)?	The Register of Trade Marks referred to in Section 6(1).
What is the subject matter of Section 2(1)(u)?	Definition of "registered".
What does "registered" mean under Section 2(1)(u)?	Registered under the Trade Marks Act.
What is the subject matter of Section 2(1)(v)?	Definition of "registered proprietor".
Who is a "registered proprietor" under Section 2(1)(v)?	The person for the time being entered in the register as the proprietor of the trade mark.
What is the subject matter of Section 2(1)(w)?	Definition of "registered trade mark".
What is a "registered trade mark" under Section 2(1)(w)?	A trade mark actually entered in the register and remaining in force.
What is the subject matter of Section 2(1)(x)?	Definition of "registered user".
Who is a "registered user" under Section 2(1)(x)?	A person for the time being registered as such under Section 49.
What is the subject matter of Section 2(1)(y)?	Definition of "Registrar".
Who is the "Registrar" under Section 2(1)(y)?	The Registrar of Trade Marks referred to in Section 3.
What is the subject matter of Section 2(1)(z)?	Definition of "service".
What does "service" mean under Section 2(1)(z)?	Any description of service made available to potential users, including services connected with business or industrial/commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of energy, boarding, lodging, entertainment, amusement, construction, repair, conveying news or information, and advertising.
What is the subject matter of Section 2(1)(za)?	Definition of "trade description".
What may a trade description indicate under Section 2(1)(za)(i)?	The number, quantity, measure, gauge or weight of goods.
What may a trade description indicate under Section 2(1)(za)(ii)?	The standard of quality of goods or services according to a recognised trade classification.
What may a trade description indicate under Section 2(1)(za)(iii)?	The fitness, strength, performance or behaviour of drugs or food.
What may a trade description indicate under Section 2(1)(za)(iv)?	The place, country or time in which goods or services were made, produced or provided.
What may a trade description indicate under Section 2(1)(za)(v)?	The name, address or identity of the manufacturer, service provider or the person for whom goods or services are produced or provided.
What may a trade description indicate under Section 2(1)(za)(vi)?	The mode of manufacture of goods or provision of services.
What may a trade description indicate under Section 2(1)(za)(vii)?	The material of which goods are composed.
What may a trade description indicate under Section 2(1)(za)(viii)?	That goods are the subject of an existing patent, privilege or copyright.
What descriptions are included in "trade description" under Section 2(1)(za)(a)?	Descriptions regarding the use of any mark commonly understood in trade to indicate any of the specified matters.
What descriptions are included in "trade description" under Section 2(1)(za)(b)?	Descriptions of imported goods contained in any bill of entry or shipping bill.
What descriptions are included in "trade description" under Section 2(1)(za)(c)?	Any other description likely to be misunderstood or mistaken for any of the specified matters.
What is the subject matter of Section 2(1)(zb)?	Definition of "trade mark".
What is a "trade mark" under Section 2(1)(zb)?	A mark capable of graphical representation and capable of distinguishing the goods or services of one person from those of others, including the shape of goods, packaging and combination of colours.
What does "trade mark" mean for the purposes of Chapter XII (other than Section 107) under Section 2(1)(zb)(i)?	A registered trade mark or a mark used to indicate a trade connection between goods or services and the proprietor.
What does "trade mark" mean for the purposes of the other provisions of the Act under Section 2(1)(zb)(ii)?	A mark used or proposed to be used to indicate a trade connection between goods or services and a person entitled to use it as proprietor or permitted user, including certification and collective marks.
What is the subject matter of Section 2(1)(zc)?	Definition of "transmission".
What is "transmission" under Section 2(1)(zc)?	Transfer by operation of law, devolution on the personal representative of a deceased person or any other mode of transfer other than assignment.
What is the subject matter of Section 2(1)(zd)?	Definition of "Technical Member".
Who is a "Technical Member" under Section 2(1)(zd)?	A Member who is not a Judicial Member.
What is the subject matter of Section 2(1)(ze)?	Definition of "tribunal".
What does "tribunal" mean under Section 2(1)(ze)?	The Registrar or, as the case may be, the Appellate Board before which the proceeding is pending.
What is the subject matter of Section 2(1)(zf)?	Definition of "Vice-Chairperson".
Who is the "Vice-Chairperson" under Section 2(1)(zf)?	A Vice-Chairperson of the Appellate Board.
What is the subject matter of Section 2(1)(zg)?	Definition of "well known trade mark".
What is a "well known trade mark" under Section 2(1)(zg)?	A mark so well known to a substantial segment of the relevant public that its use for other goods or services would likely indicate a trade connection with the original proprietor.
What is the subject matter of Section 2(2)?	Interpretation of references used in the Act.
What does a reference to "trade mark" include under Section 2(2)(a)?	A collective mark and a certification trade mark.
How is the use of a mark construed under Section 2(2)(b)?	As the use of the printed or other visual representation of the mark.
How is the use of a mark in relation to goods construed under Section 2(2)(c)(i)?	As use of the mark upon, or in any physical or any other relation whatsoever, to the goods.
How is the use of a mark in relation to services construed under Section 2(2)(c)(ii)?	As use of the mark as or as part of any statement about the availability, provision or performance of the services.
What does a reference to the Registrar include under Section 2(2)(d)?	Any officer discharging the functions of the Registrar under Section 3(2).
What does a reference to the Trade Marks Registry include under Section 2(2)(e)?	Any office of the Trade Marks Registry.
When are goods and services associated under Section 2(3)?	When it is likely that the goods and services may be traded or provided by the same business.
What is an "existing registered trade mark" under Section 2(4)?	A trade mark registered under the Trade and Merchandise Marks Act, 1958 immediately before the commencement of the Trade Marks Act.

CHAPTER-II
THE REGISTER AND CONDITIONS FOR REGISTRATION
What is the subject matter of Section 3?	Appointment of Registrar and other officers.
Who may appoint the Controller-General of Patents, Designs and Trade Marks?	The Central Government, by notification in the Official Gazette.
Who shall be the Registrar of Trade Marks for the purposes of this Act?	The Controller-General of Patents, Designs and Trade Marks.
Who may appoint other officers for the purposes of this Act?	The Central Government.
For what purpose may other officers be appointed under Section 3?	To discharge such functions of the Registrar under the Act as the Registrar may from time to time authorise.
Under whose superintendence and direction shall the other officers discharge their functions?	The superintendence and direction of the Registrar.
Who determines the designations of the other officers appointed under Section 3?	The Central Government.
What is the subject matter of Section 4?	Power of Registrar to withdraw or transfer cases, etc.
Does Section 4 affect the generality of Section 3(2)?	No, it is without prejudice to the generality of Section 3(2).
What are the prerequisites for the Registrar to withdraw or transfer a pending matter under Section 4?	An order in writing and reasons recorded therein.
From whom may the Registrar withdraw a pending matter under Section 4?	From an officer appointed under Section 3(2).
How may the Registrar deal with a matter withdrawn under Section 4?	He may deal with it himself either de novo or from the stage at which it was withdrawn.
To whom may the Registrar transfer a pending matter under Section 4?	To another officer appointed under Section 3(2).
How shall the transferee officer proceed with a transferred matter under Section 4?	Subject to the special directions in the order of transfer, either de novo or from the stage at which it was transferred.
What is the subject matter of Section 5?	Trade Marks Registry and offices thereof.
Which Registry shall be the Trade Marks Registry under the Trade Marks Act, 1999?	The Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958.
For what purpose is there a Trade Marks Registry under the Act?	For the purposes of the Trade Marks Act, 1999.
Who specifies the place of the head office of the Trade Marks Registry?	The Central Government.
Where shall the head office of the Trade Marks Registry be situated?	At such place as the Central Government may specify.
Why may branch offices of the Trade Marks Registry be established?	For facilitating the registration of trade marks.
Who may establish branch offices of the Trade Marks Registry?	The Central Government.
Who may define the territorial limits within which an office of the Trade Marks Registry may exercise its functions?	The Central Government, by notification in the Official Gazette.
What shall the Trade Marks Registry have?	A seal.
What is the subject matter of Section 6?	The Register of Trade Marks.
What record shall be kept for the purposes of the Trade Marks Act, 1999?	The Register of Trade Marks.
Where shall the Register of Trade Marks be kept?	At the head office of the Trade Marks Registry.
What particulars shall be entered in the Register of Trade Marks?	All registered trade marks with the names, addresses and descriptions of proprietors, notifications of assignments and transmissions, names, addresses and descriptions of registered users, conditions, limitations and such other prescribed matters relating to registered trade marks.
Can the Registrar maintain the Register of Trade Marks in electronic form?	Yes, wholly or partly in computer floppies, diskettes or any other electronic form, subject to prescribed safeguards.
How shall a reference to an entry in the register be construed where the register is maintained electronically?	As a reference to an entry maintained on computer or in any other electronic form.
Can notice of an express, implied or constructive trust be entered in the Register of Trade Marks?	No.
Can the Registrar receive notice of an express, implied or constructive trust?	No.
Under whose control and management shall the Register of Trade Marks be kept?	The Registrar.
What shall be kept at each branch office of the Trade Marks Registry?	A copy of the register and such other documents mentioned in section 148 as the Central Government may, by notification in the Official Gazette, direct.
What is the status of Part A and Part B of the Register of Trade Marks existing at the commencement of the Act?	They shall be incorporated in and form part of the Register under this Act.
What is the subject matter of Section 7?	Classification of goods and services.
How shall the Registrar classify goods and services under Section 7(1)?	As far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks.
Who shall determine the class within which any goods or services fall under Section 7(2)?	The Registrar.
Is the Registrar's decision under Section 7(2) on the classification of goods or services final?	Yes.
What is the subject matter of Section 8?	Publication of alphabetical index.
Can the Registrar publish an alphabetical index under Section 8(1)?	Yes, in the prescribed manner.
What shall the alphabetical index published under Section 8(1) relate to?	The classification of goods and services referred to in Section 7.
How shall goods or services not specified in the alphabetical index be classified under Section 8(2)?	By the Registrar in accordance with Section 7(2).
What is the subject matter of Section 9?	Absolute grounds for refusal of registration.
Can a trade mark devoid of any distinctive character be registered under Section 9(1)(a)?	A trade mark devoid of any distinctive character, i.e., not capable of distinguishing the goods or services of one person from those of another, shall not be registered.
Can a trade mark consisting exclusively of indications designating the kind, quality, quantity, intended purpose, value, geographical origin, time of production or other characteristics of goods or services be registered under Section 9(1)(b)?	Such trade mark shall not be registered.
Can a trade mark consisting exclusively of marks or indications customary in the current language or bona fide and established practices of the trade be registered under Section 9(1)(c)?	Such trade mark shall not be registered.
Can a trade mark otherwise hit by Section 9(1) be registered under the Proviso to Section 9(1)?	It shall not be refused registration if, before the date of application, it has acquired a distinctive character by use or is a well-known trade mark.
Can a mark likely to deceive the public or cause confusion be registered under Section 9(2)(a)?	Such mark shall not be registered as a trade mark.
Can a mark containing matter likely to hurt the religious susceptibilities of any class or section of the citizens of India be registered under Section 9(2)(b)?	Such mark shall not be registered as a trade mark.
Can a mark comprising or containing scandalous or obscene matter be registered under Section 9(2)(c)?	Such mark shall not be registered as a trade mark.
Can a mark whose use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 be registered under Section 9(2)(d)?	Such mark shall not be registered as a trade mark.
Can a mark consisting exclusively of the shape of goods resulting from the nature of the goods themselves be registered under Section 9(3)(a)?	Such mark shall not be registered as a trade mark.
Can a mark consisting exclusively of the shape of goods necessary to obtain a technical result be registered under Section 9(3)(b)?	Such mark shall not be registered as a trade mark.
Can a mark consisting exclusively of the shape giving substantial value to the goods be registered under Section 9(3)(c)?	Such mark shall not be registered as a trade mark.
Can the nature of the goods or services be a ground for refusal of registration under the Explanation to Section 9?	The nature of the goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.
What is the subject matter of Section 10?	Limitation as to colour.
Can a trade mark be limited wholly or in part to any combination of colours under Section 10(1)?	A trade mark may be limited wholly or in part to any combination of colours.
Who shall take into consideration the limitation as to colour while deciding the distinctive character of a trade mark under Section 10(1)?	The Registrar or the High Court, as the case may be.
Can a trade mark registered without limitation of colour be deemed to be registered for all colours under Section 10(2)?	It shall be deemed to be registered for all colours.
What is the subject matter of Section 11?	Relative grounds for refusal of registration.
Subject to which provision does Section 11(1) operate?	Section 12.
Can a trade mark be registered under Section 11(1)(a) if it is identical with an earlier trade mark, the goods or services are similar, and there exists a likelihood of confusion?	Such trade mark shall not be registered.
What does the likelihood of confusion under Section 11(1) include?	The likelihood of association with the earlier trade mark.
Can a trade mark be registered under Section 11(1)(b) if it is similar to an earlier trade mark, the goods or services are identical or similar, and there exists a likelihood of confusion?	Such trade mark shall not be registered.
Can a trade mark be registered under Section 11(2) if it is identical with or similar to an earlier trade mark but is sought to be registered for dissimilar goods or services?	Such trade mark shall not be registered if the earlier trade mark is a well-known trade mark in India and the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or repute of the earlier trade mark.
Can a trade mark be registered under Section 11(3)(a) if its use in India is liable to be prevented by the law of passing off protecting an unregistered trade mark used in the course of trade?	Such trade mark shall not be registered.
Can a trade mark be registered under Section 11(3)(b) if its use in India is liable to be prevented by the law of copyright?	Such trade mark shall not be registered.
Can a trade mark be registered with the consent of the proprietor of the earlier trade mark or other earlier right under Section 11(4)?	The Registrar may register the trade mark under special circumstances under Section 12 where the proprietor of the earlier trade mark or other earlier right consents to the registration.
What does "earlier trade mark" mean under Explanation (a) to Section 11?	A registered trade mark, an application under Section 18 bearing an earlier filing date, an international registration under Section 36E, or a convention application under Section 154 having an earlier application date than the trade mark in question, taking into account the priorities claimed, where appropriate.
What does "earlier trade mark" mean under Explanation (b) to Section 11?	A trade mark which, on the date of the application for registration of the trade mark in question or the priority claimed, was entitled to protection as a well-known trade mark.
Can a trade mark be refused registration under Section 11(5) on the grounds specified in Sections 11(2) and 11(3) without an objection in opposition proceedings by the proprietor of the earlier trade mark?	A trade mark shall not be refused registration unless an objection on one or more of those grounds is raised in opposition proceedings by the proprietor of the earlier trade mark.
What shall the Registrar take into account while determining whether a trade mark is a well-known trade mark under Section 11(6)?	Any fact considered relevant for determining a trade mark as a well-known trade mark.
Shall the Registrar take into account the knowledge or recognition of the trade mark in the relevant section of the public under Section 11(6)(i)?	The knowledge or recognition of the trade mark in the relevant section of the public, including knowledge in India obtained as a result of promotion of the trade mark.
Shall the Registrar take into account the duration, extent and geographical area of use of the trade mark under Section 11(6)(ii)?	The duration, extent and geographical area of any use of the trade mark.
Shall the Registrar take into account the duration, extent and geographical area of promotion of the trade mark under Section 11(6)(iii)?	The duration, extent and geographical area of promotion of the trade mark, including advertising, publicity and presentation at fairs or exhibitions of the goods or services to which the trade mark applies.
Shall the Registrar take into account the duration and geographical area of registration or application for registration of the trade mark under Section 11(6)(iv)?	The duration and geographical area of any registration or application for registration under this Act to the extent that they reflect the use or recognition of the trade mark.
Shall the Registrar take into account the record of successful enforcement of rights in the trade mark under Section 11(6)(v)?	The record of successful enforcement of the rights in the trade mark, particularly the extent to which it has been recognised as a well-known trade mark by any court or the Registrar.
Shall the Registrar take into account the number of actual or potential consumers while determining whether a trade mark is known or recognised in a relevant section of the public under Section 11(7)(i)?	The number of actual or potential consumers of the goods or services.
Shall the Registrar take into account the number of persons involved in the channels of distribution while determining whether a trade mark is known or recognised in a relevant section of the public under Section 11(7)(ii)?	The number of persons involved in the channels of distribution of the goods or services.
Shall the Registrar take into account the business circles while determining whether a trade mark is known or recognised in a relevant section of the public under Section 11(7)(iii)?	The business circles dealing with the goods or services to which the trade mark applies.
How shall the Registrar treat a trade mark determined to be well-known by any court or the Registrar under Section 11(8)?	The Registrar shall consider it a well-known trade mark for registration under this Act.
Can the Registrar require that the trade mark has been used in India for determining whether it is a well-known trade mark under Section 11(9)(i)?	The Registrar shall not require that the trade mark has been used in India.
Can the Registrar require that the trade mark has been registered for determining whether it is a well-known trade mark under Section 11(9)(ii)?	The Registrar shall not require that the trade mark has been registered.
Can the Registrar require that an application for registration of the trade mark has been filed in India for determining whether it is a well-known trade mark under Section 11(9)(iii)?	The Registrar shall not require that an application for registration of the trade mark has been filed in India.
Can the Registrar require that the trade mark is well-known in, registered in, or has an application for registration filed in any jurisdiction other than India under Section 11(9)(iv)?	The Registrar shall not require that the trade mark is well-known in, registered in, or has an application for registration filed in any jurisdiction other than India.
Can the Registrar require that the trade mark is well-known to the public at large in India for determining whether it is a well-known trade mark under Section 11(9)(v)?	The Registrar shall not require that the trade mark is well-known to the public at large in India.
What shall the Registrar protect while considering an application for registration and opposition under Section 11(10)(i)?	A well-known trade mark against identical or similar trade marks.
What shall the Registrar take into consideration while considering an application for registration and opposition under Section 11(10)(ii)?	The bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.
What is the effect of good faith registration or acquisition of rights before the commencement of the Act under Section 11(11)?	Nothing in this Act shall prejudice the validity of the registration or the right to use the trade mark on the ground that it is identical with or similar to a well-known trade mark.
What is the subject matter of Section 12?	Registration in the case of honest concurrent use, etc.
When may the Registrar permit registration by more than one proprietor under Section 12?	In the case of honest concurrent use or other special circumstances which, in the opinion of the Registrar, make it proper to do so.
Can the Registrar permit registration by more than one proprietor of identical or similar trade marks under Section 12?	The Registrar may permit registration by more than one proprietor of identical or similar trade marks.
Can registration under Section 12 be permitted even if an identical or similar trade mark is already registered?	Registration may be permitted whether any such trade mark is already registered or not.
In respect of what goods or services may registration under Section 12 be permitted?	The same or similar goods or services.
Can the Registrar impose conditions and limitations while permitting registration under Section 12?	The Registrar may permit registration subject to such conditions and limitations as he thinks fit to impose.
What is the subject matter of Section 13?	Prohibition of registration of names of chemical elements or international non-proprietary names.
Can a commonly used and accepted name of a single chemical element or single chemical compound be registered as a trade mark under Section 13(a)?	Such word shall not be registered as a trade mark in respect of a chemical substance or preparation.
Can an international non-proprietary name declared by the World Health Organisation and notified by the Registrar be registered as a trade mark under Section 13(b)?	Such word shall not be registered as a trade mark.
Can a word deceptively similar to an international non-proprietary name be registered as a trade mark under Section 13(b)?	Such word shall not be registered as a trade mark.
How is a registration made in contravention of Section 13 treated for the purposes of Section 57?	It shall be deemed to be an entry made in the register without sufficient cause or an entry wrongly remaining on the register, as the circumstances may require.
What is the subject matter of Section 14?	Use of names and representations of living persons or persons recently dead.
When may the Registrar require consent under Section 14?	Where a trade mark falsely suggests a connection with a living person or a person whose death took place within twenty years before the date of application for registration.
Whose written consent may the Registrar require under Section 14?	The written consent of the living person or, as the case may be, the legal representative of the deceased person.
Can the Registrar refuse to proceed with an application under Section 14?	The Registrar may refuse to proceed with the application unless the required written consent is furnished.
What is the subject matter of Section 15?	Registration of parts of trade marks and of trade marks as a series.
Can the proprietor apply to register the whole trade mark and a part thereof as separate trade marks under Section 15(1)?	The proprietor claiming exclusive use of any part of a trade mark separately may apply to register the whole and the part as separate trade marks.
What conditions shall a separate trade mark satisfy under Section 15(2)?	It shall satisfy all the conditions applying to an independent trade mark and have all the incidents of an independent trade mark.
When may several trade marks be registered as a series under Section 15(3)?	Where they relate to the same or similar goods or services or description of goods or services, resemble each other in material particulars, and differ only in the matters specified in Section 15(3)(a) to (d).
Can trade marks differing only in the statement of goods or services be registered as a series under Section 15(3)(a)?	They may be registered as a series in one registration.
Can trade marks differing only in the statement of number, price, quality or names of places be registered as a series under Section 15(3)(b)?	They may be registered as a series in one registration.
Can trade marks differing only in non-distinctive matter not substantially affecting their identity be registered as a series under Section 15(3)(c)?	They may be registered as a series in one registration.
Can trade marks differing only in colour be registered as a series under Section 15(3)(d)?	They may be registered as a series in one registration.
What is the subject matter of Section 16?	Registration of trade marks as associated trade marks.
When may the Registrar require trade marks to be entered on the register as associated trade marks under Section 16(1)?	Where trade marks in the name of the same proprietor are identical or so nearly resemble each other as to be likely to deceive or cause confusion if used by a person other than the proprietor in respect of the same goods or description of goods or same services or description of services.
Can Section 16(1) apply where identical or nearly resembling marks relate to associated goods and services under Section 16(2)?	Section 16(1) shall apply where the marks are in the name of the same proprietor in respect of associated goods and services.
How are a trade mark and its separately registered part treated under Section 16(3)?	They shall be deemed to be, and shall be registered as, associated trade marks.
How are trade marks registered as a series under Section 15(3) treated under Section 16(4)?	They shall be deemed to be, and shall be registered as, associated trade marks.
Can the Registrar dissolve the association of associated trade marks under Section 16(5)?	The Registrar may dissolve the association on the prescribed application of the registered proprietor if satisfied that no likelihood of deception or confusion would arise from separate use by another person and may amend the register accordingly.
What is the subject matter of Section 17?	Effect of registration of parts of a mark.
What right does registration confer where a trade mark consists of several matters under Section 17(1)?	Registration confers on the proprietor the exclusive right to use the trade mark taken as a whole.
Does registration confer an exclusive right over a part of the trade mark which is not the subject of a separate application for registration under Section 17(2)(a)(i)?	Registration shall not confer any exclusive right in that part of the trade mark.
Does registration confer an exclusive right over a part of the trade mark which is not separately registered by the proprietor under Section 17(2)(a)(ii)?	Registration shall not confer any exclusive right in that part of the trade mark.
Does registration confer an exclusive right over matter common to the trade or otherwise of a non-distinctive character under Section 17(2)(b)?	Registration shall not confer any exclusive right in such matter forming only a part of the whole trade mark.

CHAPTER-III
PROCEDURE FOR AND DURATION OF REGISTRATION
What is the subject matter of Section 18?	Application for registration.
Who may apply for registration of a trade mark under Section 18(1)?	Any person claiming to be the proprietor of a trade mark used or proposed to be used by him and desirous of registering it.
To whom and in what manner shall an application for registration be made under Section 18(1)?	In writing to the Registrar in the prescribed manner.
Can a single application be made for registration of a trade mark in different classes of goods or services under Section 18(2)?	A single application may be made for different classes of goods and services.
How is the fee payable on a multi-class application under Section 18(2)?	The fee shall be payable in respect of each class of goods or services.
Where shall an application be filed under Section 18(3)?	In the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant, or of the first-named joint applicant having a place of business in India, is situated.
Where shall an application be filed if the applicant or joint applicants do not carry on business in India under the Proviso to Section 18(3)?	In the office of the Trade Marks Registry within whose territorial limits the address for service in India disclosed in the application is situated.
What options are available to the Registrar on an application under Section 18(4)?	The Registrar may refuse the application or accept it absolutely or subject to such amendments, modifications, conditions or limitations as he thinks fit.
What shall the Registrar record in case of refusal or conditional acceptance of an application under Section 18(5)?	The grounds for such refusal or conditional acceptance and the materials used in arriving at the decision shall be recorded in writing.
What is the subject matter of Section 19?	Withdrawal of acceptance.
When may the Registrar withdraw the acceptance of an application under Section 19?	After acceptance but before registration of the trade mark.
Can the Registrar withdraw acceptance under Section 19(a) if the application was accepted in error?	The Registrar may withdraw the acceptance.
Can the Registrar withdraw acceptance under Section 19(b) if the trade mark should not be registered or should be registered subject to different or additional conditions or limitations?	The Registrar may withdraw the acceptance.
Is the applicant entitled to a hearing before withdrawal of acceptance under Section 19?	The Registrar shall hear the applicant, if he so desires, before withdrawing the acceptance.
What is the effect of withdrawal of acceptance under Section 19?	The Registrar shall proceed as if the application had not been accepted.
What is the subject matter of Section 20?	Advertisement of application.
When shall the Registrar advertise an application for registration of a trade mark under Section 20(1)?	As soon as may be after its acceptance, whether absolute or subject to conditions or limitations.
What shall be advertised under Section 20(1)?	The application as accepted together with the conditions or limitations, if any, subject to which it has been accepted.
Can the Registrar advertise an application before its acceptance under the Proviso to Section 20(1)?	The Registrar may advertise the application before acceptance if it relates to a trade mark to which Section 9(1) and Sections 11(1) and 11(2) apply or where exceptional circumstances make it expedient.
Can the Registrar advertise an application again under Section 20(2)(a) where it was advertised before acceptance?	The Registrar may, in his discretion, cause the application to be advertised again.
Can the Registrar advertise an application again under Section 20(2)(b) after correction of an error or amendment under Section 22?	The Registrar may, in his discretion, cause the application to be advertised again.
Can the Registrar notify the correction or amendment instead of re-advertising the application under Section 20(2)(b)?	The Registrar may notify the correction or amendment in the prescribed manner instead of causing the application to be advertised again.
What is the subject matter of Section 21?	Opposition to registration.
Who may give notice of opposition under Section 21(1)?	Any person.
Within what time may notice of opposition be given under Section 21(1)?	Within four months from the date of advertisement or re-advertisement of the application for registration.
To whom and in what manner shall notice of opposition be given under Section 21(1)?	To the Registrar, in writing, in the prescribed manner and on payment of the prescribed fee.
What shall the Registrar do upon receipt of a notice of opposition under Section 21(2)?	The Registrar shall serve a copy of the notice on the applicant for registration.
Within what time shall the applicant file a counter-statement under Section 21(2)?	Within two months from the receipt of the copy of the notice of opposition.
What is the consequence of failure to file a counter-statement under Section 21(2)?	The applicant shall be deemed to have abandoned the application.
What shall the Registrar do if the applicant files a counter-statement under Section 21(3)?	The Registrar shall serve a copy of the counter-statement on the opponent.
How shall the opponent and the applicant submit evidence under Section 21(4)?	In the prescribed manner and within the prescribed time to the Registrar.
What opportunity shall the Registrar provide under Section 21(4)?	An opportunity of being heard to the opponent and the applicant, if they so desire.
What shall the Registrar consider while deciding an opposition under Section 21(5)?	The evidence and the submissions of the parties, if heard.
What may the Registrar decide under Section 21(5)?	Whether and subject to what conditions or limitations, if any, the registration is to be permitted.
Can the Registrar take into account a ground of objection not relied upon by the opponent under Section 21(5)?	The Registrar may take into account a ground of objection whether relied upon by the opponent or not.
Can the Registrar require security for costs under Section 21(6)?	The Registrar may require security for costs where the opponent or the applicant filing the counter-statement neither resides nor carries on business in India.
What is the consequence of failure to furnish security for costs under Section 21(6)?	The Registrar may treat the opposition or the application, as the case may be, as abandoned.
Can the Registrar permit correction or amendment of a notice of opposition or counter-statement under Section 21(7)?	The Registrar may permit correction of any error in, or amendment of, a notice of opposition or counter-statement on such terms as he thinks just.
What is the subject matter of Section 22?	Correction and amendment.
Can the Registrar permit correction of an error in or in connection with an application for registration under Section 22?	The Registrar may permit the correction of any error in or in connection with the application on such terms as he thinks just.
Can the Registrar permit amendment of an application for registration under Section 22?	The Registrar may permit amendment of the application on such terms as he thinks just.
When may the Registrar permit correction or amendment under Section 22?	At any time, whether before or after acceptance of an application under Section 18.
What is the effect of division of a single application under the Proviso to Section 22?	The date of the initial application shall be deemed to be the date of the divided applications.
What is the subject matter of Section 23?	Registration.
Subject to which provision does registration under Section 23(1) operate?	Section 19.
When shall the Registrar register a trade mark under Section 23(1)(a)?	Where the application has not been opposed and the time for giving notice of opposition has expired.
When shall the Registrar register a trade mark under Section 23(1)(b)?	Where the application has been opposed and the opposition has been decided in favour of the applicant.
Within what time shall the Registrar register a trade mark under Section 23(1)?	Within eighteen months of the filing of the application, unless the Central Government otherwise directs.
As of which date is a trade mark registered under Section 23(1)?	As of the date of making of the application.
What shall be deemed to be the date of registration under Section 23(1)?	Subject to Section 154, the date of making of the application shall be deemed to be the date of registration.
What shall the Registrar issue on registration of a trade mark under Section 23(2)?	A certificate of registration in the prescribed form, sealed with the seal of the Trade Marks Registry.
Can the Registrar treat an application as abandoned under Section 23(3)?	The Registrar may treat the application as abandoned where registration is not completed within twelve months from the date of the application by reason of the applicant's default, after giving prescribed notice, unless completed within the time specified in the notice.
Can the Registrar amend the register or certificate of registration under Section 23(4)?	The Registrar may amend the register or certificate of registration to correct a clerical error or an obvious mistake.
What is the subject matter of Section 24?	Jointly owned trade marks.
Can two or more persons who use or propose to use a trade mark independently be registered as joint proprietors under Section 24(1)?	Nothing in this Act shall authorise their registration as joint proprietors, except as provided in Section 24(2).
When may two or more persons be registered as joint proprietors under Section 24(2)?	Where none of them is entitled to use the trade mark except on behalf of all of them or in relation to an article or service with which all of them are connected in the course of trade.
Can persons be registered as joint proprietors where the trade mark is used on behalf of both or all of them under Section 24(2)(a)?	They may be registered as joint proprietors.
Can persons be registered as joint proprietors where the trade mark is used in relation to an article or service with which both or all are connected in the course of trade under Section 24(2)(b)?	They may be registered as joint proprietors.
What is the effect of registration of joint proprietors under Section 24(2)?	The Act shall have effect as if the rights to use the trade mark were vested in a single person.
What is the subject matter of Section 25?	Duration, renewal, removal and restoration of registration.
What is the duration of registration of a trade mark under Section 25(1)?	The registration shall be for a period of ten years.
Can the registration of a trade mark be renewed under Section 25(1)?	The registration may be renewed from time to time in accordance with this section.
Who may apply for renewal of registration under Section 25(2)?	The registered proprietor of the trade mark.
How shall an application for renewal be made under Section 25(2)?	In the prescribed manner, within the prescribed period and on payment of the prescribed fee.
For what period shall the Registrar renew the registration under Section 25(2)?	For a period of ten years from the date of expiration of the original registration or the last renewal of registration.
What shall the Registrar notify before the expiration of the last registration under Section 25(3)?	The date of expiration and the conditions regarding payment of fees and other requirements for renewal.
Can the Registrar remove a trade mark from the register under Section 25(3)?	The Registrar may remove the trade mark if the prescribed conditions for renewal are not complied with within the prescribed time.
Can a trade mark be removed if an application for renewal is made within six months after expiration under the Proviso to Section 25(3)?	The Registrar shall not remove the trade mark if the prescribed application is made and the prescribed fee and surcharge are paid within six months from the expiration of the last registration, and shall renew the registration for ten years.
When may the Registrar restore a trade mark removed for non-payment of the prescribed fee under Section 25(4)?	After six months and within one year from the expiration of the last registration, on receipt of the prescribed application and fee, if satisfied that it is just to do so.
Can the Registrar impose conditions while restoring and renewing a trade mark under Section 25(4)?	The Registrar may restore and renew the registration either generally or subject to such conditions or limitations as he thinks fit.
For what period shall a restored trade mark be renewed under Section 25(4)?	For a period of ten years from the expiration of the last registration.
What is the subject matter of Section 26?	Effect of removal from register for failure to pay fee for renewal.
What is the effect of removal of a trade mark for failure to pay the renewal fee under Section 26?	For one year from the date of removal, it shall be deemed to be a trade mark already on the register for the purpose of any application for registration of another trade mark.
Who may be satisfied that the deeming provision under Section 26 shall not apply?	The Registrar or the High Court, as the case may be.
When shall the deeming provision not apply under Section 26(a)?	Where there has been no bona fide trade use of the removed trade mark during the two years immediately preceding its removal.
When shall the deeming provision not apply under Section 26(b)?	Where no deception or confusion is likely to arise from the use of the trade mark sought to be registered by reason of any previous use of the removed trade mark.

CHAPTER IV
EFFECT OF REGISTRATION
What is the subject matter of Section 27?	No action for infringement of unregistered trade mark.
Can a person institute proceedings for infringement of an unregistered trade mark under Section 27(1)?	No person shall be entitled to institute any proceeding to prevent, or recover damages for, the infringement of an unregistered trade mark.
Does Section 27 affect the right of action for passing off under Section 27(2)?	Nothing in this Act shall affect the right of action against any person for passing off goods or services as those of another person or the remedies in respect thereof.
What is the subject matter of Section 28?	Rights conferred by registration.
What rights does registration confer under Section 28(1)?	Subject to the other provisions of this Act, a valid registration confers on the registered proprietor the exclusive right to use the trade mark in relation to the registered goods or services and to obtain relief for infringement in the manner provided by this Act.
Is the exclusive right conferred under Section 28(1) absolute under Section 28(2)?	The exclusive right is subject to the conditions and limitations to which the registration is subject.
Can one registered proprietor claim an exclusive right against another registered proprietor of an identical or nearly resembling trade mark merely by registration under Section 28(3)?	The exclusive right shall not be deemed to have been acquired by one registered proprietor as against another merely by registration, except to the extent of any conditions or limitations entered on the register.
What rights do registered proprietors of identical or nearly resembling trade marks have against other persons under Section 28(3)?	Each registered proprietor has the same rights against other persons, not being registered users using by way of permitted use, as if he were the sole registered proprietor.
What is the subject matter of Section 29?	Infringement of registered trade marks.
When is a registered trade mark infringed under Section 29(1)?	When a person, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade a mark identical with or deceptively similar to the registered trade mark in relation to the registered goods or services in a manner likely to be taken as use as a trade mark.
Can a registered proprietor or a person using by way of permitted use infringe a registered trade mark under Section 29(1)?	Section 29(1) applies only to a person who is neither a registered proprietor nor a person using by way of permitted use.
When is a registered trade mark infringed under Section 29(2)(a)?	When an identical mark is used for similar goods or services and is likely to cause confusion or association with the registered trade mark.
When is a registered trade mark infringed under Section 29(2)(b)?	When a similar mark is used for identical or similar goods or services and is likely to cause confusion or association with the registered trade mark.
When is a registered trade mark infringed under Section 29(2)(c)?	When an identical mark is used for identical goods or services and is likely to cause confusion or association with the registered trade mark.
What shall the court presume under Section 29(3)?	In a case falling under Section 29(2)(c), the court shall presume that the use is likely to cause confusion on the part of the public.
When is a registered trade mark infringed in relation to dissimilar goods or services under Section 29(4)?	When a person, not being a registered proprietor or a person using by way of permitted use, uses an identical or similar mark for dissimilar goods or services, the registered trade mark has a reputation in India, and such use without due cause takes unfair advantage of or is detrimental to the distinctive character or repute of the registered trade mark.
Can a registered trade mark be infringed by its use as a trade name or business name under Section 29(5)?	A registered trade mark is infringed if it is used as, or as part of, a trade name or business name in relation to goods or services for which the trade mark is registered.
When is a person deemed to use a registered trade mark under Section 29(6)(a)?	When he affixes it to goods or their packaging.
When is a person deemed to use a registered trade mark under Section 29(6)(b)?	When he offers or exposes goods for sale, puts them on the market, stocks them for those purposes under the registered trade mark, or offers or supplies services under the registered trade mark.
When is a person deemed to use a registered trade mark under Section 29(6)(c)?	When he imports or exports goods under the mark.
When is a person deemed to use a registered trade mark under Section 29(6)(d)?	When he uses the registered trade mark on business papers or in advertising.
When does application of a registered trade mark to labels, packaging, business papers or advertisements amount to infringement under Section 29(7)?	When the person applying the mark knew or had reason to believe that such application was not duly authorised by the proprietor or a licensee.
When does advertising of a registered trade mark amount to infringement under Section 29(8)(a)?	When it takes unfair advantage of and is contrary to honest practices in industrial or commercial matters.
When does advertising of a registered trade mark amount to infringement under Section 29(8)(b)?	When it is detrimental to the distinctive character of the trade mark.
When does advertising of a registered trade mark amount to infringement under Section 29(8)(c)?	When it is against the reputation of the trade mark.
Can a registered trade mark be infringed by spoken use under Section 29(9)?	A registered trade mark consisting of or including words may be infringed by the spoken use of those words as well as by their visual representation.
What is the subject matter of Section 30?	Limits on effect of registered trade mark.
Can a registered trade mark be used for identifying the proprietor's goods or services under Section 30(1)?	Such use is not prevented if it is in accordance with honest practices in industrial or commercial matters and does not take unfair advantage of or prejudice the distinctive character or repute of the trade mark.
Can use indicating the kind, quality, quantity, intended purpose, value, geographical origin, time of production or other characteristics of goods or services amount to infringement under Section 30(2)(a)?	Such use does not infringe the registered trade mark.
Can use of a trade mark beyond the conditions or limitations of its registration amount to infringement under Section 30(2)(b)?	Use in circumstances to which the registration does not extend by reason of its conditions or limitations does not infringe the registered trade mark.
Can use of a trade mark on goods to which the proprietor or registered user has applied the mark or consented to its use amount to infringement under Section 30(2)(c)(i)?	Such use does not infringe the registered trade mark.
Can use of a trade mark to indicate that services were performed by the proprietor or a registered user amount to infringement under Section 30(2)(c)(ii)?	Such use does not infringe the registered trade mark if it truthfully indicates that the services were performed by the proprietor or a registered user.
Can use of a trade mark in relation to goods adapted to form part of or be accessory to other goods or services amount to infringement under Section 30(2)(d)?	Such use does not infringe if it is reasonably necessary to indicate adaptation and does not falsely indicate a trade connection.
Can use of one of two or more identical or nearly resembling registered trade marks amount to infringement under Section 30(2)(e)?	Use in exercise of the right conferred by registration does not infringe the registered trade mark.
Can sale or other dealing in lawfully acquired goods bearing a registered trade mark amount to infringement under Section 30(3)?	Such sale or dealing does not amount to infringement merely because the trade mark has subsequently been assigned or the goods were put on the market by the proprietor or with his consent.
When does the protection under Section 30(3) not apply under Section 30(4)?	Where the proprietor has legitimate reasons to oppose further dealings, particularly if the condition of the goods has been changed or impaired after being put on the market.
What is the subject matter of Section 31?	Registration to be prima facie evidence of validity.
What is the evidentiary value of the original registration and subsequent assignments and transmissions of a registered trade mark under Section 31(1)?	They shall be prima facie evidence of their validity in all legal proceedings relating to the registered trade mark, including applications under Section 57.
Can a registered trade mark be held invalid on the ground that it was not registrable under Section 9 under Section 31(2)?	It shall not be held invalid on that ground except upon evidence that distinctiveness was required and such evidence was not submitted to the Registrar before registration.
When shall a registered trade mark not be held invalid despite non-compliance with Section 9 under Section 31(2)?	Where it is proved that, by use by the registered proprietor or his predecessor in title, the trade mark had become distinctive at the date of registration.
What is the subject matter of Section 32?	Protection of registration on ground of distinctiveness in certain cases.
Can a trade mark registered in breach of Section 9(1) be declared invalid under Section 32?	It shall not be declared invalid if, by reason of its use, it has acquired a distinctive character after registration and before the commencement of legal proceedings challenging its validity.
When does a trade mark acquire protection under Section 32?	When it has acquired a distinctive character in relation to the goods or services for which it is registered after registration and before the commencement of legal proceedings challenging the validity of its registration.
What is the subject matter of Section 33?	Effect of acquiescence.
What is the period of acquiescence under Section 33(1)?	A continuous period of five years.
When does Section 33(1) apply?	Where the proprietor of an earlier trade mark has acquiesced for a continuous period of five years in the use of a registered trade mark, being aware of that use.
Can the proprietor of an earlier trade mark seek a declaration of invalidity of a later trade mark after acquiescence under Section 33(1)(a)?	He shall no longer be entitled to apply for a declaration that the registration of the later trade mark is invalid.
Can the proprietor of an earlier trade mark oppose the use of a later trade mark after acquiescence under Section 33(1)(b)?	He shall no longer be entitled to oppose the use of the later trade mark in relation to the goods or services in relation to which it has been so used.
What is the exception to Section 33(1)?	Section 33(1) does not apply if the registration of the later trade mark was not applied for in good faith.
Can the proprietor of the later trade mark oppose the use of the earlier trade mark where Section 33(1) applies under Section 33(2)?	The proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or the exploitation of the earlier right.
What is the subject matter of Section 34?	Saving for vested rights.
Can the proprietor or a registered user of a registered trade mark interfere with prior continuous use of an identical or nearly resembling trade mark under Section 34?	Nothing in this Act entitles the proprietor or registered user to interfere with or restrain such prior continuous use.
From what date must the second-mentioned trade mark have been continuously used under Section 34(a)?	From a date prior to the use of the first-mentioned trade mark by its proprietor or predecessor in title in relation to those goods or services.
From what date must the second-mentioned trade mark have been continuously used under Section 34(b)?	From a date prior to the registration of the first-mentioned trade mark in respect of those goods or services in the name of its proprietor or predecessor in title.
Which date is relevant for determining prior continuous use under Section 34?	Whichever is earlier between the date of first use and the date of registration of the first-mentioned trade mark.
Can the Registrar refuse registration of the second-mentioned trade mark merely because the first-mentioned trade mark is registered under Section 34?	The Registrar shall not refuse registration if such prior continuous use is proved.
What is the subject matter of Section 35?	Saving for use of name, address or description of goods or services.
Can the proprietor or a registered user of a registered trade mark interfere with the bona fide use of a person's own name under Section 35?	Nothing in this Act entitles the proprietor or registered user to interfere with the bona fide use by a person of his own name.
Can the proprietor or a registered user of a registered trade mark interfere with the bona fide use of a person's place of business under Section 35?	Nothing in this Act entitles the proprietor or registered user to interfere with the bona fide use of the person's place of business.
Can the proprietor or a registered user of a registered trade mark interfere with the bona fide use of the name or place of business of a predecessor in business under Section 35?	Nothing in this Act entitles the proprietor or registered user to interfere with such bona fide use.
Can the proprietor or a registered user of a registered trade mark interfere with the bona fide description of the character or quality of goods or services under Section 35?	Nothing in this Act entitles the proprietor or registered user to interfere with the use of any bona fide description of the character or quality of goods or services.
What is the subject matter of Section 36?	Saving for words used as name or description of an article or substance or service.
Does the registration of a trade mark become invalid merely because a word contained in it is used as the name or description of an article, substance or service after registration under Section 36(1)?	The registration shall not be deemed to have become invalid by reason only of such use.
When does the Proviso to Section 36(1)(a) apply?	Where there is a well-known and established use of the word as the name or description of the article, substance or service by persons carrying on trade therein, other than in relation to the proprietor's or registered user's goods or services or certified goods or services.
When does the Proviso to Section 36(1)(b) apply?	Where the article or substance was formerly manufactured under a patent, two years or more have elapsed after the cesser of the patent, and the word is the only practicable name or description of the article or substance.
What is the effect where the facts in the Proviso to Section 36(1) are proved under Section 36(2)?	The provisions of Section 36(2)(a) and (b) shall apply.
How is a trade mark consisting solely of such words treated in proceedings under Section 57 under Section 36(2)(a)?	The registration shall be deemed to be an entry wrongly remaining on the register in respect of the relevant article, substance, goods or services.
What is the effect in other legal proceedings where the trade mark consists solely of such words under Section 36(2)(b)(i)?	All rights of the proprietor to use the trade mark in relation to the relevant article, substance, goods or services shall be deemed to have ceased.
What is the effect in other legal proceedings where the trade mark contains such words along with other matter under Section 36(2)(b)(ii)?	The proprietor's rights to use such words in relation to the relevant article, substance, goods or services shall be deemed to have ceased.
From which date do the rights cease under Section 36(2)(b)?	From the date the use under the Proviso to Section 36(1)(a) first became well-known and established, or on expiry of the two-year period under the Proviso to Section 36(1)(b), as the case may be.

CHAPTER IVA
SPECIAL PROVISIONS RELATING TO PROTECTION OF TRADE MARKS THROUGH INTERNATIONAL REGISTRATION UNDER THE MADRID PROTOCOL
What is the subject matter of Section 36A?	Application of Act in case of international registration under Madrid Protocol.
To what do the provisions of this Chapter apply under Section 36A?	International applications and international registrations under the Madrid Protocol.
What is the subject matter of Section 36B?	Definitions.
What does "application" mean under Section 36B(a)?	An application made by a person who is a citizen of, domiciled in, or has a real and effective industrial or commercial establishment in a Contracting State or a State which is a member of a Contracting Organisation.
What is meant by "real and effective industrial or commercial establishment" under the Explanation to Section 36B(a)?	An establishment where some bona fide industrial or commercial activity takes place and which need not necessarily be the principal place of business.
What does "basic application" mean under Section 36B(b)?	An application for registration of a trade mark filed under Section 18 and used as the basis for applying for an international registration.
What does "basic registration" mean under Section 36B(c)?	Registration of a trade mark under Section 23 used as the basis for applying for an international registration.
What does "Common Regulations" mean under Section 36B(d)?	The Regulations concerning the implementation of the Madrid Protocol.
What does "Contracting Organisation" mean under Section 36B(e)?	A Contracting Party that is an intergovernmental organisation.
What does "Contracting Party" mean under Section 36B(f)?	A Contracting State or Contracting Organisation party to the Madrid Protocol.
What does "Contracting State" mean under Section 36B(g)?	A country party to the Madrid Protocol.
What does "international application" mean under Section 36B(h)?	An application for international registration or extension of protection resulting from an international registration to any Contracting Party under the Madrid Protocol.
What does "International Bureau" mean under Section 36B(i)?	The International Bureau of the World Intellectual Property Organisation.
What does "international registration" mean under Section 36B(j)?	Registration of a trade mark in the register of the International Bureau effected under the Madrid Protocol.
What does "Madrid Agreement" mean under Section 36B(k)?	The Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on 14th April, 1891, as subsequently revised and amended.
What does "Madrid Protocol" mean under Section 36B(l)?	The Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on 27th June, 1989, as amended from time to time.
What is the subject matter of Section 36C?	Trade Marks Registry to deal with international applications.
Does Section 36C operate notwithstanding Section 5(3)?	Yes, notwithstanding anything contained in Section 5(3).
Which office shall deal with an international application under Section 36C?	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.
Who may specify the branch office to deal with international applications under Section 36C?	The Central Government, by notification in the Official Gazette.
What is the subject matter of Section 36D?	International application originating from India.
Who may make an international application under Section 36D(1)?	An applicant under Section 18 or a registered proprietor under Section 23.
In what form shall an international application be made under Section 36D(1)?	In the form prescribed by the Common Regulations.
Who may apply for extension of protection to another Contracting Party under Section 36D(2)?	A person holding an international registration.
What shall an international application designate under Section 36D(3)?	The Contracting Parties where protection resulting from the international registration is required.
What shall the Registrar certify under Section 36D(4)?	That the particulars in the international application correspond to those in the application under Section 18 or the registration under Section 23.
What particulars shall the Registrar indicate while certifying an international application under Section 36D(4)?	The date and number of the application under Section 18 or registration under Section 23, the date and number of the application from which the registration resulted, as the case may be, and the date of the international application.
What shall the Registrar do after certifying an international application under Section 36D(4)?	Forward it to the International Bureau for registration within the prescribed period.
What is the effect under Section 36D(5) if, within five years of the international registration, the basic application or basic registration is withdrawn, cancelled, expires or is finally refused?	The protection resulting from the international registration shall cease to have effect to that extent.
What is the effect of the Proviso to Section 36D(5)?	Where an appeal, withdrawal action or opposition is initiated before expiry of five years, any final decision resulting in withdrawal, cancellation, expiration or refusal shall be deemed to have taken place before the expiry of the five-year period.
For what period shall the Registrar transmit information to the International Bureau under Section 36D(6)?	During the five years beginning with the date of the international registration.
What shall the Registrar notify to the International Bureau under Section 36D(7)?	The cancellation to be effected to an international registration having regard to the current status of the basic application or basic registration.
What is the subject matter of Section 36E?	International registrations where India has been designated.
What shall the Registrar do on receipt of advice from the International Bureau under Section 36E(1)?	Keep a record of the particulars of the international registration in the prescribed manner.
Can the Registrar refuse protection to an international registration under Section 36E(2)?	The Registrar may, after hearing the applicant if he so desires, refuse protection or grant protection subject to conditions or limitations.
Within what time shall the Registrar inform the International Bureau of refusal of protection under Section 36E(2)?	Within eighteen months from the date of receipt of the advice under Section 36E(1).
What shall the Registrar do if there is no ground to refuse protection under Section 36E(3)?	Cause the international registration to be advertised in the prescribed manner within the prescribed period.
Which provisions apply mutatis mutandis to an international registration under Section 36E(4)?	Sections 9 to 21, 63 and 74, as if the international registration were an application under Section 18.
When shall the Registrar notify acceptance of extension of protection under Section 36E(5)?	Where no opposition is filed and the time for opposition has expired, within eighteen months of receipt of the advice under Section 36E(1).
What is the consequence if the Registrar fails to notify the International Bureau under Section 36E(5)?	The protection shall be deemed to have been extended to the trade mark.
What is the effect of an international registration designating India by a registered proprietor under Section 36E(6)?	The international registration shall be deemed to replace the registration held in India without prejudice to rights acquired under the earlier registration.
What shall the Registrar do on the request of the applicant under Section 36E(6)?	Make the necessary entry in the Register under Section 6(1).
What remedy is available to a holder of an international registration not extended protection in India under Section 36E(7)?	The same remedy as is available to a person whose application under Section 18 has not resulted in registration under Section 23.
What is the effect under Section 36E(8) if, within five years, the related basic application or basic registration in another Contracting Party is withdrawn, cancelled, expires or is finally refused?	The protection resulting from the international registration in India shall cease to have effect.
What is the subject matter of Section 36F?	Effects of international registration.
What is the effect of an international registration where India has been designated under Section 36F(1)?	From the date of the international registration or the date of recording of the extension of protection to India in the register of the International Bureau, the trade mark shall enjoy the same protection in India as if it had been registered in India.
Are the classes of goods and services indicated by the applicant binding on the Registrar under Section 36F(2)?	The indication of classes of goods and services shall not bind the Registrar in determining the scope of protection of the trade mark.
What is the subject matter of Section 36G?	Duration and renewal of international registration.
What is the duration of an international registration under Section 36G(1)?	An international registration shall be valid for ten years.
Can an international registration be renewed under Section 36G(1)?	It may be renewed for a further period of ten years from the expiry of the preceding period.

CHAPTER V
ASSIGNMENT AND TRANSMISSION
What is the subject matter of Section 37?	Power of registered proprietor to assign and give receipts.
Who has the power to assign a registered trade mark under Section 37?	The person for the time being entered in the register as the proprietor of the trade mark, subject to the provisions of this Act and any rights vested in any other person appearing from the register.
Can the registered proprietor give effectual receipts for the consideration of assignment under Section 37?	The registered proprietor has the power to give effectual receipts for any consideration for such assignment.
What is the subject matter of Section 38?	Assignability and transmissibility of registered trade marks.
Are registered trade marks assignable and transmissible under Section 38?	A registered trade mark shall, subject to this Chapter, be assignable and transmissible notwithstanding anything contained in any other law.
Can a registered trade mark be assigned or transmitted with or without the goodwill of the business under Section 38?	It may be assigned or transmitted with or without the goodwill of the business concerned.
Can a registered trade mark be assigned or transmitted in respect of only some of the registered goods or services under Section 38?	It may be assigned or transmitted in respect of all or some of the goods or services for which it is registered.
What is the subject matter of Section 39?	Assignability and transmissibility of unregistered trade marks.
Can an unregistered trade mark be assigned or transmitted under Section 39?	An unregistered trade mark may be assigned or transmitted.
Can an unregistered trade mark be assigned or transmitted with or without the goodwill of the business under Section 39?	It may be assigned or transmitted with or without the goodwill of the business concerned.
What is the subject matter of Section 40?	Restriction on assignment or transmission where multiple exclusive rights would be created.
Does Section 40(1) operate notwithstanding Sections 38 and 39?	Yes.
Can a trade mark be assigned or transmitted if it creates multiple exclusive rights likely to deceive or cause confusion under Section 40(1)?	A trade mark shall not be assignable or transmissible if such assignment or transmission would result in multiple exclusive rights likely to deceive or cause confusion.
In relation to what goods or services does the restriction under Section 40(1) apply?	The same goods or services, the same description of goods or services, or associated goods or services or description of goods or services.
What is the exception under the Proviso to Section 40(1)?	The assignment or transmission shall not be invalid if, because of the limitations imposed, the exclusive rights are not exercisable concurrently in the circumstances specified in the proviso.
Can the proprietor seek the Registrar's opinion on the validity of a proposed assignment under Section 40(2)?	The proprietor may submit a statement of the case in the prescribed manner to the Registrar.
What may the Registrar certify under Section 40(2)?	Whether the proposed assignment would or would not be invalid under Section 40(1).
What is the evidentiary value of a certificate issued under Section 40(2)?	Subject to appeal and unless obtained by fraud or misrepresentation, it is conclusive as to the validity or invalidity of the proposed assignment under Section 40(1) on the facts stated.
Within what time shall an application under Section 45 be made for a certificate in favour of validity to remain effective under Section 40(2)?	Within six months from the date of issue of the certificate.
What is the subject matter of Section 41?	Restriction on assignment or transmission when exclusive rights would be created in different parts of India.
Does Section 41 operate notwithstanding Sections 38 and 39?	Yes.
Can a trade mark be assigned or transmitted if it creates exclusive rights in different persons for different parts of India under Section 41?	A trade mark shall not be assignable or transmissible where such assignment or transmission creates the exclusive rights specified in Section 41.
What is the nature of the first exclusive right under Section 41(a)?	An exclusive right in one person to use the trade mark in relation to goods or services limited to a particular place in India.
What is the nature of the second exclusive right under Section 41(b)?	An exclusive right in another person to use an identical or nearly resembling trade mark for the same, similar or associated goods or services limited to another place in India.
Can the Registrar approve an assignment or transmission otherwise prohibited under Section 41?	The Registrar may approve it if satisfied that its exercise would not be contrary to the public interest.
Who may apply for approval under the Proviso to Section 41?	The proprietor proposing to assign the trade mark or a person claiming transmission of the registered trade mark to himself or his predecessor in title.
What is the effect of the Registrar's approval under the Proviso to Section 41?	The approved assignment or transmission shall not be deemed invalid under Section 41 or Section 40 unless the approval was obtained by fraud or misrepresentation.
Within what time shall an application under Section 45 be made after approval under the Proviso to Section 41?	Within six months from the date of approval, or in the case of a transmission, before that date.
What is the subject matter of Section 42?	Conditions for assignment otherwise than in connection with the goodwill of a business.
When does Section 42 apply?	Where a registered or unregistered trade mark is assigned otherwise than in connection with the goodwill of the business in which the mark has been or is used.
When does an assignment otherwise than in connection with goodwill take effect under Section 42?	It takes effect only if the assignee applies to the Registrar for directions regarding advertisement and advertises the assignment as directed by the Registrar.
Within what time shall the assignee apply to the Registrar under Section 42?	Within six months from the date of assignment or within such extended period, not exceeding three months in the aggregate, as the Registrar may allow.
What shall the assignee do after obtaining the Registrar's directions under Section 42?	Advertise the assignment in such form, manner and within such period as the Registrar may direct.
Is assignment of a trade mark for some of the registered goods or services with transfer of the goodwill relating to those goods or services deemed to be an assignment otherwise than in connection with goodwill under Explanation (a) to Section 42?	It shall not be deemed to be an assignment otherwise than in connection with the goodwill of the business.
Is assignment of a trade mark used for exported goods or services for use outside India with transfer of the goodwill of the export business deemed to be an assignment otherwise than in connection with goodwill under Explanation (b) to Section 42?	It shall not be deemed to be an assignment otherwise than in connection with the goodwill of the business.
What is the subject matter of Section 43?	Assignability and transmissibility of certification trade marks.
Can a certification trade mark be assigned or transmitted without the Registrar's consent under Section 43?	A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar.
How shall an application for the Registrar's consent be made under Section 43?	In writing in the prescribed manner.
What is the subject matter of Section 44?	Assignability and transmissibility of associated trade marks.
Can associated trade marks be assigned or transmitted separately under Section 44?	Associated trade marks shall be assignable and transmissible only as a whole and not separately.
How are associated trade marks treated for purposes other than assignment and transmission under Section 44?	Subject to the provisions of this Act, they shall be deemed to have been registered as separate trade marks.
What is the subject matter of Section 45?	Registration of assignments and transmissions.
Who shall apply for registration of title under Section 45(1)?	A person who becomes entitled to a registered trade mark by assignment or transmission.
What shall the Registrar do on receipt of an application under Section 45(1)?	Register the applicant as the proprietor in respect of the relevant goods or services and enter the particulars of the assignment or transmission in the register.
Can the Registrar require evidence of title under Section 45(2)?	The Registrar may require evidence or further evidence only where there is a reasonable doubt about the veracity of any statement or document furnished.
Can the Registrar refuse to register an assignment or transmission under Section 45(3)?	The Registrar may refuse registration where the validity of the assignment or transmission is in dispute until the rights of the parties are determined by a competent court.
Within what time shall the Registrar dispose of an application under Section 45(3)?	Within the prescribed period in cases other than where the validity of the assignment or transmission is in dispute.
What is the effect of non-filing of an application under Section 45(4)?	Until the application is filed, the assignment or transmission is ineffective against a person acquiring a conflicting interest in or under the registered trade mark without knowledge of the assignment or transmission.

CHAPTER VI
USE OF TRADE MARKS AND REGISTERED USERS
What is the subject matter of Section 46?	Proposed use of trade mark by company to be formed, etc.
Can registration be refused merely because the applicant does not use or propose to use the trade mark under Section 46(1)?	Registration shall not be refused on that ground if the conditions specified in Section 46(1) are satisfied.
When shall registration not be refused under Section 46(1)(a)?	Where a company is about to be formed and registered under the Companies Act, 1956 and the applicant intends to assign the trade mark to that company for use in relation to the goods or services.
When shall registration not be refused under Section 46(1)(b)?	Where the proprietor intends the trade mark to be used by a person as a registered user after registration.
How does Section 47 apply to registrations under Section 46(2)?	Section 47(1)(a) shall apply as if the intention were that the trade mark should be used by the proposed company or registered user.
Can the Registrar or the High Court require security for costs under Section 46(3)?	The Registrar or the High Court may require the applicant to furnish security for the costs of opposition or appeal proceedings.
What is the consequence of failure to furnish security under Section 46(3)?	The application may be treated as abandoned.
What is the consequence if the proposed company is not registered as proprietor within the prescribed period under Section 46(4)?	The registration shall cease to have effect in respect of those goods or services and the Registrar shall amend the register accordingly.
Can the Registrar extend the period for registration of the proposed company as proprietor under Section 46(4)?	The Registrar may allow a further period not exceeding six months on an application made in the prescribed manner.
What is the subject matter of Section 47?	Removal from register and imposition of limitations on ground of non-use.
Who may apply for removal of a registered trade mark under Section 47(1)?	Any person aggrieved.
To whom may an application under Section 47(1) be made?	The Registrar or the High Court.
On what first ground can a trade mark be removed under Section 47(1)(a)?	The trade mark was registered without any bona fide intention to use it and there has in fact been no bona fide use up to three months before the date of the application.
Up to what date must there have been no bona fide use under Section 47(1)(a)?	Up to a date three months before the date of the application.
On what second ground can a trade mark be removed under Section 47(1)(b)?	There has been no bona fide use of the trade mark for a continuous period of five years from the date it was actually entered in the register, up to three months before the application.
From which date is the five-year period calculated under Section 47(1)(b)?	From the date on which the trade mark is actually entered in the register.
What is the relevant date under Section 47(1)(b)?	Three months before the date of the application.
When may the Registrar or High Court refuse an application under the Proviso to Section 47(1)?	When there has been bona fide use of the trade mark before the relevant date or during the relevant period in relation to goods or services of the same description or associated goods or services.
In relation to what goods or services may prior bona fide use defeat an application under the Proviso to Section 47(1)?	Goods or services of the same description or associated goods or services for which the mark is registered.
When may limitations be imposed on a registered trade mark under Section 47(2)?	When there has been non-use in a particular place or market and another person has been or may properly be permitted to register an identical or nearly resembling trade mark.
Who may apply under Section 47(2)?	A person permitted under Section 12 to register an identical or nearly resembling trade mark or who may properly be permitted to do so.
What may the tribunal do under Section 47(2)?	Impose limitations on the registration so that it ceases to extend to the specified use.
Can non-use due to special circumstances in trade be relied upon for removal under Section 47(3)?	No.
What are "special circumstances in the trade" under Section 47(3)?	They include restrictions on the use of the trade mark in India imposed by any law or regulation.
When is non-use protected under Section 47(3)?	When it is due to special circumstances in the trade and not due to an intention to abandon or not use the trade mark.
What is the subject matter of Section 48?	Registered users.
Who may be registered as a registered user under Section 48(1)?	A person other than the registered proprietor may be registered as a registered user, subject to Section 49.
In respect of what goods or services may a person be registered as a registered user under Section 48(1)?	Any or all of the goods or services in respect of which the trade mark is registered.
How is the permitted use of a trade mark treated under Section 48(2)?	It shall be deemed to be use by the proprietor and not by a person other than the proprietor.
For what purposes is permitted use deemed to be use by the proprietor under Section 48(2)?	For the purposes of Section 47 and any other purpose under this Act or any other law for which such use is material.
What is the subject matter of Section 49?	Registration as registered user.
Who shall apply for registration of a registered user under Section 49(1)?	The registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner.
What document relating to permitted use shall accompany an application under Section 49(1)(a)?	The agreement in writing, or a duly authenticated copy thereof, between the registered proprietor and the proposed registered user.
What affidavit shall accompany an application under Section 49(1)(b)?	An affidavit by the registered proprietor or a person authorised to the satisfaction of the Registrar to act on his behalf.
What particulars shall the affidavit contain under Section 49(1)(b)(i)?	The relationship between the registered proprietor and the proposed registered user, the degree of the proprietor's control over the permitted use, and whether the proposed registered user is to be the sole registered user or subject to any restriction regarding other registered users.
What shall the affidavit specify under Section 49(1)(b)(ii)?	The goods or services in respect of which registration is proposed.
What shall the affidavit specify under Section 49(1)(b)(iii)?	The proposed conditions or restrictions relating to the characteristics of the goods or services, the mode or place of permitted use, or any other matter.
What shall the affidavit specify under Section 49(1)(b)(iv)?	Whether the permitted use is for a specified period or without limit of period and, if for a period, its duration.
What else may accompany an application under Section 49(1)(c)?	Such further documents or other evidence as may be required by the Registrar or as may be prescribed.
When shall the Registrar register the proposed registered user under Section 49(2)?	When the requirements of Section 49(1) have been complied with.
Whom shall the Registrar notify after registration of a registered user under Section 49(3)?	Other registered users of the trade mark, if any.
Can information furnished in an application under Section 49 be kept confidential under Section 49(4)?	The Registrar shall, if requested by the applicant, take steps to ensure that information furnished for the application, other than matters entered in the register, is not disclosed to rivals in trade.
What is the subject matter of Section 50?	Power of Registrar for variation or cancellation of registration as registered user.
Does Section 50 operate without prejudice to Section 57?	Yes.
Can the Registrar vary the registration of a registered user under Section 50(1)(a)?	The Registrar may vary the registration as regards the goods or services on the written application of the registered proprietor made in the prescribed manner.
Who may apply for cancellation of registration of a registered user under Section 50(1)(b)?	The registered proprietor, the registered user or any other registered user of the trade mark.
Can any person apply for cancellation of registration of a registered user under Section 50(1)(c)?	Any person may apply in writing in the prescribed manner on the grounds specified in Section 50(1)(c)(i) to (iv).
Can registration of a registered user be cancelled for use contrary to the agreement or use causing deception or confusion under Section 50(1)(c)(i)?	The Registrar may cancel the registration on that ground.
Can registration of a registered user be cancelled for misrepresentation or non-disclosure of a material fact under Section 50(1)(c)(ii)?	The Registrar may cancel the registration on that ground.
Can registration of a registered user be cancelled due to change in circumstances under Section 50(1)(c)(iii)?	The Registrar may cancel the registration if the changed circumstances would not have justified the registration.
Can registration of a registered user be cancelled because it ought not to have been effected having regard to contractual rights under Section 50(1)(c)(iv)?	The Registrar may cancel the registration on that ground.
Can the Registrar cancel registration where quality control stipulations are not enforced or complied with under Section 50(1)(d)?	The Registrar may cancel the registration on his own motion or on the application of any person.
Can the Registrar cancel registration where the trade mark is no longer registered for certain goods or services under Section 50(1)(e)?	The Registrar may cancel the registration in respect of those goods or services.
Whom shall the Registrar notify of an application under Section 50 under Section 50(2)?	The registered proprietor and every registered user of the trade mark other than the applicant.
Is the registered proprietor entitled to a hearing before cancellation under the Proviso to Section 50(3)?	The registered proprietor shall be given a reasonable opportunity of being heard before cancellation.
What is the subject matter of Section 51?	Power of Registrar to call for information relating to agreement in respect of registered users.
Can the Registrar require confirmation that the registered user agreement continues to be in force under Section 51(1)?	The Registrar may, by written notice, require the registered proprietor to confirm that the agreement filed under Section 49(1)(a) continues to be in force.
Within what time shall the registered proprietor furnish confirmation under Section 51(1)?	Within one month.
What is the consequence of failure to furnish confirmation under Section 51(2)?	The registered user shall cease to be the registered user on the day immediately after the expiry of the one-month period, and the Registrar shall notify the same.
What is the subject matter of Section 52?	Right of registered user to take proceedings against infringement.
Can a registered user institute proceedings for infringement under Section 52(1)?	A registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, subject to any subsisting agreement between the parties.
Whom shall the registered user implead in infringement proceedings under Section 52(1)?	The registered proprietor shall be made a defendant.
What are the rights and obligations of the registered user in infringement proceedings under Section 52(1)?	They shall be concurrent with those of the registered proprietor.
Is the registered proprietor impleaded as a defendant liable for costs under Section 52(2)?	The registered proprietor shall not be liable for costs unless he enters appearance and takes part in the proceedings.
What is the subject matter of Section 53?	No right of permitted user to take proceeding against infringement.
Can a permitted user referred to in Section 2(1)(r)(ii) institute proceedings for infringement under Section 53?	Such person shall have no right to institute any proceeding for infringement.
What is the subject matter of Section 54?	Registered user not to have right of assignment or transmission.
Can a registered user assign or transmit the right to use a trade mark under Section 54?	Nothing in this Act confers on a registered user any assignable or transmissible right to use the trade mark.
Is the right of a registered user deemed to be assigned or transmitted where an individual registered user enters into a partnership under Explanation I(a) to Section 54?	It shall not be deemed to have been assigned or transmitted.
For how long may the firm use the trade mark under Explanation I(a) to Section 54?	Only so long as the registered user remains a member of the firm.
Is the right of a registered user deemed to be assigned or transmitted where a registered user firm undergoes a change in constitution under Explanation I(b) to Section 54?	It shall not be deemed to have been assigned or transmitted.
For how long may the reconstituted firm use the trade mark under Explanation I(b) to Section 54?	Only so long as any partner of the original firm at the time of its registration as registered user continues to be a partner of the reconstituted firm.
What is the meaning of "firm" under Explanation II to Section 54?	It has the same meaning as in the Indian Partnership Act, 1932.
What is the subject matter of Section 55?	Use of one of associated or substantially identical trade marks equivalent to use of another.
Can use of an associated trade mark be accepted as equivalent to use of the registered trade mark under Section 55(1)?	The Registrar or the High Court, as the case may be, may accept the use of a registered associated trade mark as equivalent to the use required to be proved.
Can use of a trade mark with additions or alterations be accepted as equivalent under Section 55(1)?	The Registrar or the High Court may accept use of the trade mark with additions or alterations not substantially affecting its identity as equivalent to the use required to be proved.
What is the effect of use of the whole registered trade mark under Section 55(2)?	It shall be deemed to be use of any part thereof separately registered under Section 15(1) in the name of the same proprietor.
Is use of a separately registered part of a trade mark conclusive evidence of distinctiveness under Section 55(3)?	Use of such part shall not be conclusive evidence of distinctiveness for any purpose under this Act.
What is the subject matter of Section 56?	Use of trade mark for export trade and use when form of trade connection changes.
Is application of a trade mark in India to goods meant for export deemed to be use of the trade mark under Section 56(1)?	The application of the trade mark to goods to be exported from India shall be deemed to constitute use of the trade mark.
Is application of a trade mark in India in relation to services for use outside India deemed to be use under Section 56(1)?	The application of the trade mark in relation to services for use outside India shall be deemed to constitute use of the trade mark.
Can other acts done in India relating to exported goods or services rendered outside India constitute use under Section 56(1)?	Any act done in India which would constitute use if done in relation to goods or services within India shall be deemed to constitute use of the trade mark.
Can use of a registered trade mark be deemed likely to cause deception or confusion merely because the form of trade connection has changed under Section 56(2)?	Such use shall not be deemed likely to cause deception or confusion on that ground alone

CHAPTER VII
RECTIFICATION AND CORRECTION OF THE REGISTER
What is the subject matter of Section 57?	Power to cancel or vary registration and to rectify the register.
Who may apply under Section 57(1)?	Any person aggrieved.
To whom may an application under Section 57(1) be made?	The High Court or the Registrar, in the prescribed manner.
On what ground may registration be cancelled or varied under Section 57(1)?	On the ground of contravention of, or failure to observe, a condition entered on the register in relation to the trade mark.
What order may the Registrar or the High Court pass under Section 57(1)?	Such order as it thinks fit for cancelling or varying the registration of the trade mark.
Who may apply for rectification under Section 57(2)?	Any person aggrieved.
On what grounds may an application be made under Section 57(2)?	Absence or omission of an entry, entry made without sufficient cause, entry wrongly remaining on the register, or any error or defect in an entry.
What order may the Registrar or the High Court pass under Section 57(2)?	Such order as it thinks fit for making, expunging or varying the entry.
What power does the Registrar or the High Court have under Section 57(3)?	It may decide any question necessary or expedient in connection with the rectification of the register.
Can the Registrar or the High Court act suo motu under Section 57(4)?	The Registrar or the High Court may, after giving prescribed notice and an opportunity of being heard, make an order under Section 57(1) or Section 57(2).
What shall a High Court order rectifying the register direct under Section 57(5)?	It shall direct that notice of the rectification be served upon the Registrar in the prescribed manner.
What shall the Registrar do on receipt of notice of rectification under Section 57(5)?	The Registrar shall rectify the register accordingly.
What is the subject matter of Section 58?	Correction of register.
Who may apply for correction of the register under Section 58(1)?	The registered proprietor.
Can the Registrar correct an error in the name, address, description of the registered proprietor or any other entry relating to the trade mark under Section 58(1)(a)?	The Registrar may correct such error.
Can the Registrar enter a change in the name, address or description of the registered proprietor under Section 58(1)(b)?	The Registrar may enter such change.
Can the Registrar cancel the entry of a trade mark on the register under Section 58(1)(c)?	The Registrar may cancel the entry of the trade mark.
Can the Registrar strike out goods, classes of goods or services from the registration under Section 58(1)(d)?	The Registrar may strike out any goods or classes of goods or services in respect of which the trade mark is registered.
Can the Registrar amend the certificate of registration under Section 58(1)?	The Registrar may make any consequential amendment or alteration in the certificate of registration.
Can the Registrar require production of the certificate of registration under Section 58(1)?	The Registrar may require the certificate of registration to be produced for making consequential amendments or alterations.
Who may apply for correction of the particulars of a registered user under Section 58(2)?	The registered user.
Can the Registrar correct the name, address or description of a registered user under Section 58(2)?	The Registrar may, after notice to the registered proprietor, correct any error or enter any change in the name, address or description of the registered user.
What is the subject matter of Section 59?	Alteration of registered trade marks.
Who may apply for alteration of a registered trade mark under Section 59(1)?	The registered proprietor.
Can the registered proprietor alter a registered trade mark under Section 59(1)?	The registered proprietor may apply to add to or alter the trade mark in any manner not substantially affecting its identity.
Can the Registrar refuse or grant leave for alteration under Section 59(1)?	The Registrar may refuse leave or grant it on such terms and subject to such limitations as he thinks fit.
Can the Registrar advertise an application for alteration under Section 59(2)?	The Registrar may advertise the application where he considers it expedient.
Can any person oppose an application for alteration under Section 59(2)?	Any person may give notice of opposition within the prescribed time after advertisement.
What shall the Registrar do upon opposition under Section 59(2)?	The Registrar shall decide the matter after hearing the parties, if so required.
What shall the Registrar do after granting leave for alteration under Section 59(3)?	The altered trade mark shall be advertised unless the application has already been advertised under Section 59(2).
What is the subject matter of Section 60?	Adaptation of entries in register to amended or substituted classification of goods or services.
Can the Registrar amend the register by adding goods, classes of goods or services or by antedating registration under Section 60(1)?	The Registrar shall not make such amendment.
What is the exception under the Proviso to Section 60(1)?	The restriction shall not apply where compliance would involve undue complexity and the addition or antedating would neither affect any substantial quantity of goods or services nor substantially prejudice the rights of any person.
What shall the Registrar do before amending the register under Section 60(2)?	Bring the proposal to the notice of the registered proprietor and advertise it in the prescribed manner.
Can a proposal to amend the register under Section 60(2) be opposed?	Any person aggrieved may oppose it on the ground that the proposed amendment contravenes Section 60(1).

CHAPTER VIII
COLLECTIVE MARKS
What is the subject matter of Section 61?	Special provisions for collective marks.
How do the provisions of the Trade Marks Act apply to collective marks under Section 61(1)?	They apply subject to the provisions of this Chapter.
How is the expression "distinguishing the goods or services of one person from those of others" construed in relation to a collective mark under Section 61(2)?	As distinguishing the goods or services of members of the association of persons owning the collective mark from those of others.
What is the subject matter of Section 62?	Collective mark not to be misleading as to character or significance.
Can a collective mark likely to deceive or cause confusion be registered under Section 62?	A collective mark shall not be registered if it is likely to deceive or cause confusion, particularly if it is likely to be taken to be something other than a collective mark.
Can the Registrar require an indication that a mark is a collective mark under Section 62?	The Registrar may require the mark to comprise some indication that it is a collective mark.
What is the subject matter of Section 63?	Application to be accompanied by regulations governing use of collective marks.
What shall accompany an application for registration of a collective mark under Section 63(1)?	The regulations governing the use of the collective mark.
What shall the regulations specify under Section 63(2)?	The persons authorised to use the mark, the conditions of membership of the association, the conditions of use of the mark including sanctions against misuse, and such other matters as may be prescribed.
What is the subject matter of Section 64?	Acceptance of application and regulations by Registrar.
What may the Registrar do if the requirements for registration of a collective mark are satisfied under Section 64?	He may accept the application together with the regulations unconditionally or subject to conditions, including amendments to the regulations, or refuse to accept it.
What shall the Registrar do after accepting the application and regulations under Section 64?	Notify the regulations.
What is the subject matter of Section 65?	Regulations to be open to inspection.
Shall the regulations governing the use of a collective mark be open to public inspection under Section 65?	The regulations shall be open to public inspection in the same manner as the register under Section 148.
What is the subject matter of Section 66?	Amendment of regulations.
When does an amendment to the regulations governing the use of a collective mark become effective under Section 66?	Only when the amended regulations are filed with the Registrar and are accepted and published by him in accordance with Section 64.
What is the subject matter of Section 67?	Infringement proceedings by registered proprietor of collective mark.
What shall the court take into account in an infringement suit by the registered proprietor of a collective mark under Section 67?	Any loss suffered or likely to be suffered by the authorised users.
What directions may the court give under Section 67?	Directions regarding the extent to which the registered proprietor shall hold the proceeds of any pecuniary remedy on behalf of the authorised users.
What is the subject matter of Section 68?	Additional grounds for removal of registration of collective mark.
On what ground may the registration of a collective mark be removed under Section 68(a)?	Where the manner in which the collective mark has been used by the proprietor or an authorised user has caused it to become liable to mislead the public as a collective mark.
On what ground may the registration of a collective mark be removed under Section 68(b)?	Where the proprietor has failed to observe or secure the observance of the regulations governing the use of the mark.
Who is an "authorised user" under Explanation I to Section 68?	A member of an association authorised to use the registered collective mark of the association.
How is the use of a collective mark by an authorised user treated under Explanation II to Section 68?	It shall be deemed to be use by the registered proprietor.

CHAPTER IX
CERTIFICATION TRADE MARKS
What is the subject matter of Section 69?	Certain provisions of this Act not applicable to certification trade marks.
Do Sections 9(1)(a) and 9(1)(c) apply to certification trade marks under Section 69(a)?	Sections 9(1)(a) and 9(1)(c) do not apply.
Do Sections 18, 20 and 21 apply to certification trade marks under Section 69(b)?	They do not apply except as expressly applied by this Chapter.
Which provisions relating to rights, infringement, assignment, registered users and use do not apply to certification trade marks under Section 69(c)?	Sections 28, 29, 30, 41, 42, 47, 48, 49, 50, 52, 54 and Section 56(2) do not apply.
Does Chapter XII apply to certification trade marks under Section 69(d)?	Chapter XII does not apply except Section 107.
What is the subject matter of Section 70?	Registration of certification trade marks.
Can a person carrying on a trade in goods or services of the kind certified be registered as the proprietor of a certification trade mark under Section 70?	Such a mark shall not be registrable in the name of such person.
What is the subject matter of Section 71?	Applications for registration of certification trade marks.
Who may apply for registration of a certification trade mark under Section 71(1)?	The person proposed to be registered as its proprietor.
What shall accompany an application for registration of a certification trade mark under Section 71(1)?	A draft of the regulations to be deposited under Section 74.
Which provisions apply to an application for registration of a certification trade mark under Section 71(2)?	Sections 18, 19 and 22, subject to Section 70 and the modifications provided in Section 71(2).
How is the expression "acceptance of an application" construed under Section 71(2)?	As a reference to authorisation to proceed with the application.
What considerations shall the Registrar or the High Court take into account while dealing with an application under Section 71(3)?	The considerations applicable to an application under Section 18, other relevant considerations under this Chapter, and the desirability of indicating that the mark is a certification trade mark.
What is the subject matter of Section 72?	Consideration of application for registration by Registrar.
What shall the Registrar consider regarding the applicant under Section 72(1)(a)?	Whether the applicant is competent to certify the goods in respect of which the mark is to be registered.
What shall the Registrar consider regarding the draft regulations under Section 72(1)(b)?	Whether the draft of the regulations to be filed under Section 74 is satisfactory.
What shall the Registrar consider regarding public interest under Section 72(1)(c)?	Whether, in all the circumstances, the registration would be to the public advantage.
What orders may the Registrar pass under Section 72(1)?	He may refuse the application or accept the application and approve the draft regulations unconditionally or subject to conditions, limitations, amendments or modifications.
When is the applicant entitled to an opportunity of being heard under Section 72(2)?	Before the Registrar decides any matter other than acceptance and approval without modification and unconditionally.
What is the subject matter of Section 73?	Opposition to registration of certification trade marks.
What shall the Registrar do after accepting an application for registration of a certification trade mark under Section 73?	Cause the accepted application to be advertised in the prescribed manner as soon as may be.
Which provision applies to opposition against registration of a certification trade mark under Section 73?	Section 21 shall apply as it applies to an application under Section 18.
What is the subject matter of Section 74?	Filing of regulations governing use of a certification trade mark.
What shall be filed at the Trade Marks Registry in respect of every certification trade mark under Section 74(1)?	Regulations governing the use of the certification trade mark.
What shall the regulations include under Section 74(1)?	Provisions regarding the cases in which the proprietor is to certify goods or services and authorise the use of the certification trade mark.
What additional provisions may the regulations contain under Section 74(1)?	Such provisions as the Registrar may by general or special order require or permit, including a right of appeal to the Registrar against refusal to certify goods or authorise use of the certification trade mark.
Are the regulations governing a certification trade mark open to public inspection under Section 74(1)?	The regulations shall be open to inspection in the same manner as the register under Section 148.
Can the regulations governing a certification trade mark be altered under Section 74(2)?	The Registrar may alter them on the application of the registered proprietor.
Can the Registrar advertise an application for alteration of regulations under Section 74(3)?	The Registrar may advertise the application where he considers it expedient.
What shall the Registrar do if opposition is filed against alteration of regulations under Section 74(3)?	The Registrar shall not decide the matter without giving the parties an opportunity of being heard.
What is the subject matter of Section 75?	Infringement of certification trade marks.
When is the right conferred by Section 78 infringed under Section 75?	When a person, not being the registered proprietor or a person authorised under the regulations filed under Section 74, uses in the course of trade a mark identical with or deceptively similar to the certification trade mark in relation to the registered goods or services in a manner likely to be taken as use as a trade mark.
Who is exempt from infringement under Section 75?	The registered proprietor and a person authorised by him under the regulations filed under Section 74 using the certification trade mark in accordance with those regulations.
What is the subject matter of Section 76?	Acts not constituting infringement of certification trade marks.
Does Section 76(1) operate notwithstanding anything contained in the Act?	Yes.
Does use of a certification trade mark beyond the conditions or limitations of its registration constitute infringement under Section 76(1)(a)?	Such use does not constitute infringement where the registration does not extend having regard to those conditions or limitations.
Does authorised use of a certification trade mark in relation to certified goods or services constitute infringement under Section 76(1)(b)?	Such use does not constitute infringement where the proprietor or an authorised person has applied the mark, not removed or obliterated it, or has expressly or impliedly consented to its use.
Does use of a certification trade mark in relation to goods or services adapted to form part of or be accessory to other goods constitute infringement under Section 76(1)(c)?	Such use does not constitute infringement if it is reasonably necessary and does not falsely indicate certification.
When does the exception under Section 76(1)(b) not apply under Section 76(2)?	Where application of the certification trade mark to the goods or services is contrary to the regulations referred to in Section 76(1)(b).
Does use of one of two or more identical or nearly resembling registered certification trade marks constitute infringement under Section 76(3)?	Use of such a trade mark in exercise of the right conferred by its registration shall not be deemed to be infringement of the other.
What is the subject matter of Section 77?	Cancellation or varying of registration of certification trade marks.
Who may apply under Section 77?	Any person aggrieved may apply in the prescribed manner.
Can the Registrar pass an order under Section 77 without hearing the proprietor?	The Registrar shall give the proprietor an opportunity of opposing the application before passing an order.
What orders may the Registrar pass under Section 77?	The Registrar may expunge or vary any entry relating to a certification trade mark or vary the regulations.
Can registration be cancelled or varied if the proprietor is no longer competent to certify the goods or services under Section 77(a)?	The Registrar may pass an order on that ground.
Can registration be cancelled or varied if the proprietor fails to observe the regulations under Section 77(b)?	The Registrar may pass an order on that ground.
Can registration be cancelled or varied if it is no longer to the public advantage that the mark remains registered under Section 77(c)?	The Registrar may pass an order on that ground.
Can the regulations be varied if it is required for the public advantage under Section 77(d)?	The Registrar may vary the regulations on that ground.
What is the subject matter of Section 78?	Rights conferred by registration of certification trade marks.
What right does registration confer under Section 78(1)?	Subject to Sections 34, 35 and 76, valid registration confers on the proprietor the exclusive right to use the certification trade mark in relation to the goods or services for which it is registered.
To which provisions is the exclusive right under Section 78(1) subject?	Sections 34, 35 and 76.
Is the exclusive right conferred under Section 78(2) absolute?	The exclusive right is subject to the conditions and limitations to which the registration is subject.
What is the status of Chapter X?	Special Provisions for Textile Goods.
What is the status of Chapter X?	Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010) with effect from 8-7-2013.
What is the subject matter of Section 79?	Textile goods.
What is the status of Section 79?	Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010) with effect from 8-7-2013.
What is the subject matter of Section 80?	Restriction on registration of textile goods.
What is the status of Section 80?	Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010) with effect from 8-7-2013.
What is the subject matter of Section 81?	Stamping of piece goods, cotton yarn and thread.
What is the status of Section 81?	Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010) with effect from 8-7-2013.
What is the subject matter of Section 82?	Determination of character of textile goods by sampling.
What is the status of Section 82?	Omitted by the Trade Marks (Amendment) Act, 2010 (40 of 2010) with effect from 8-7-2013.

CHAPTER XI
APPEALS
What is the subject matter of Section 83?	Establishment of Appellate Board.
What is the status of Section 83?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 84?	Composition of Appellate Board.
What is the status of Section 84?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 85?	Qualifications for appointment as Chairperson, Vice-Chairperson or other Members.
What is the status of Section 85?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 86?	Term of office of Chairperson, Vice-Chairperson and other Members.
What is the status of Section 86?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 87?	Vice-Chairperson or senior-most Member to act as Chairperson or discharge his functions in certain circumstances.
What is the status of Section 87?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 88?	Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members.
What is the status of Section 88?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 89?	Resignation and removal.
What is the status of Section 89?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 89A?	Qualifications, terms and conditions of service of Chairperson, Vice-Chairperson and member.
What is the status of Section 89A?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 90?	Staff of Appellate Board.
What is the status of Section 90?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 91?	Appeals to High Court.
Who may prefer an appeal under Section 91(1)?	Any person aggrieved by an order or decision of the Registrar under this Act or the rules made thereunder.
To which authority does an appeal lie under Section 91(1)?	The High Court.
Within what time shall an appeal be preferred under Section 91(1)?	Within three months from the date on which the order or decision is communicated to the aggrieved person.
Can an appeal be admitted after the prescribed period under Section 91(2)?	The High Court may admit the appeal if sufficient cause for the delay is shown.
In what form shall an appeal be filed under Section 91(3)?	In the prescribed form, verified in the prescribed manner, accompanied by a copy of the impugned order or decision and the prescribed fee.
What is the subject matter of Section 92?	Procedure and powers of Appellate Board.
What is the status of Section 92?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 93?	Bar of jurisdiction of courts, etc.
What is the status of Section 93?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 94?	Bar to appear before Registrar.
Who is prohibited from appearing before the Registrar under Section 94?	An erstwhile Chairperson, Vice-Chairperson or other Member after ceasing to hold office.
What is the subject matter of Section 95?	Conditions as to making of interim orders.
What is the status of Section 95?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 96?	Power of Chairperson to transfer cases from one Bench to another.
What is the status of Section 96?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 97?	Procedure for application for rectification, etc., before High Court.
In what form shall an application for rectification under Section 57 be made under Section 97(1)?	In the prescribed form.
Who shall communicate a certified copy of every order or judgment of the High Court to the Registrar under Section 97(2)?	The Board.
What shall the Registrar do on receipt of the order or judgment under Section 97(2)?	Give effect to the order and, where so directed, amend the entries in or rectify the register accordingly.
What is the subject matter of Section 98?	Appearance of Registrar in legal proceedings.
In which proceedings has the Registrar the right to appear and be heard under Section 98(1)(a)?	Proceedings before the High Court involving alteration or rectification of the register or any question relating to the practice of the Trade Marks Registry.
In which appeals has the Registrar the right to appear and be heard under Section 98(1)(b)(i)?	Appeals against refusal of an unopposed application or acceptance subject to amendments, modifications, conditions or limitations.
In which appeals has the Registrar the right to appear and be heard under Section 98(1)(b)(ii)?	Appeals from opposed applications where the Registrar considers his appearance necessary in the public interest.
When shall the Registrar appear before the High Court under Section 98(1)?	When so directed by the High Court.
Can the Registrar submit a written statement instead of appearing under Section 98(2)?	The Registrar may submit a signed written statement unless the High Court otherwise directs.
What may the Registrar include in the written statement under Section 98(2)?	Particulars of proceedings before him, grounds of his decision, the practice of the Trade Marks Registry in similar cases, or other relevant matters within his knowledge.
What is the evidentiary value of the Registrar's written statement under Section 98(2)?	It shall be evidence in the proceedings.
What is the subject matter of Section 99?	Costs of Registrar in proceedings before Appellate Board.
What is the status of Section 99?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021.
What is the subject matter of Section 100?	Transfer of pending proceedings to Appellate Board.
What is the status of Section 100?	Omitted by the Tribunal Reforms Act, 2021 (33 of 2021) with effect from 4-4-2021

CHAPTER XII
OFFENCES, PENALTIES AND PROCEDURE
What is the subject matter of Section 101?	Meaning of applying trade marks and trade descriptions.
When is a person deemed to apply a trade mark, mark or trade description under Section 101(1)(a)?	When he applies it to the goods themselves or uses it in relation to services.
When is a person deemed to apply a trade mark, mark or trade description under Section 101(1)(b)?	When he applies it to any package in or with which the goods are sold, exposed for sale, or possessed for sale or for any purpose of trade or manufacture.
When is a person deemed to apply a trade mark, mark or trade description under Section 101(1)(c)?	When he places, encloses or annexes goods in or with any package or thing to which the trade mark, mark or trade description has been applied.
When is a person deemed to apply a trade mark, mark or trade description under Section 101(1)(d)?	When he uses it in a manner reasonably likely to lead to the belief that the goods or services are designated or described by that trade mark, mark or trade description.
When is a person deemed to apply a trade mark or trade description under Section 101(1)(e)?	When he uses it in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered pursuant to a request or order made by reference to it.
When is a trade mark, mark or trade description deemed to be applied to goods under Section 101(2)?	When it is woven in, impressed on, otherwise worked into, annexed or affixed to the goods or to any package or other thing.
What is the subject matter of Section 102?	Falsifying and falsely applying trade marks.
When is a person deemed to falsify a trade mark under Section 102(1)(a)?	When, without the assent of the proprietor, he makes that trade mark or a deceptively similar mark.
When is a person deemed to falsify a trade mark under Section 102(1)(b)?	When he falsifies any genuine trade mark by alteration, addition, effacement or otherwise.
When is a person deemed to falsely apply a trade mark under Section 102(2)(a)?	When, without the assent of the proprietor, he applies the trade mark or a deceptively similar mark to goods, services or any package containing goods.
When is a person deemed to falsely apply a trade mark under Section 102(2)(b)?	When, without the assent of the proprietor, he uses a package bearing an identical or deceptively similar trade mark for packing, filling or wrapping goods other than the genuine goods of the proprietor.
What is a "false trade mark" under Section 102(3)?	A trade mark falsified under Section 102(1) or falsely applied under Section 102(2).
On whom does the burden of proving the proprietor's assent lie under Section 102(4)?	On the accused.
What is the subject matter of Section 103?	Penalty for applying false trade marks, trade descriptions, etc.
What is the punishment for falsifying a trade mark under Section 103(a)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for falsely applying a trade mark to goods or services under Section 103(b)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for making, disposing of or possessing instruments for falsifying a trade mark under Section 103(c)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for applying a false trade description to goods or services under Section 103(d)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for applying a false indication of country, place, name or address under Section 103(e)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for tampering with, altering or effacing an indication of origin under Section 103(f)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
What is the punishment for causing any act specified in Section 103 to be done under Section 103(g)?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves that he acted without intent to defraud.
Can the court impose a sentence below the statutory minimum under the Proviso to Section 103?	Yes, for adequate and special reasons to be mentioned in the judgment, the court may impose imprisonment of less than six months or a fine of less than ₹50,000.
What is the subject matter of Section 104?	Penalty for selling goods or providing services to which false trade mark or false trade description is applied.
What is the punishment for selling, hiring, exposing for sale, possessing for sale goods or providing or hiring services bearing a false trade mark or false trade description under Section 104?	Imprisonment of not less than six months but which may extend to three years and fine of not less than ₹50,000 but which may extend to ₹2,00,000, unless the accused proves any of the defences specified in Section 104.
What is the defence under Section 104(a)?	The accused had taken all reasonable precautions, had no reason to suspect the genuineness of the trade mark or trade description, or that any offence had been committed.
What is the defence under Section 104(b)?	On demand by or on behalf of the prosecutor, the accused gave all the information in his power regarding the person from whom he obtained the goods, things or services.
What is the defence under Section 104(c)?	The accused otherwise acted innocently.
Can the court impose a sentence below the statutory minimum under the Proviso to Section 104?	Yes, for adequate and special reasons to be mentioned in the judgment, the court may impose imprisonment of less than six months or a fine of less than ₹50,000.
What is the subject matter of Section 105?	Enhanced penalty on second or subsequent conviction.
When does Section 105 apply?	When a person already convicted under Section 103 or Section 104 is again convicted of any such offence.
What is the punishment for a second or subsequent conviction under Section 105?	Imprisonment of not less than one year but which may extend to three years and fine of not less than ₹1,00,000 but which may extend to ₹2,00,000.
Can the court impose a sentence below the statutory minimum under the first Proviso to Section 105?	Yes, for adequate and special reasons to be mentioned in the judgment, the court may impose imprisonment of less than one year or a fine of less than ₹1,00,000.
Can a conviction before the commencement of the Trade Marks Act, 1999 be considered for enhanced punishment under the second Proviso to Section 105?	No.
What is the subject matter of Section 106?	Penalty for removing piece goods, etc., contrary to Section 81.
What is the status of Section 106?	Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023) with effect from 1-8-2024.
What is the subject matter of Section 107?	Penalty for falsely representing a trade mark as registered.
Can a person represent an unregistered mark as a registered trade mark under Section 107(1)(a)?	No.
Can a person represent a part of a registered trade mark, not separately registered, as separately registered under Section 107(1)(b)?	No.
Can a person represent that a registered trade mark is registered for goods or services for which it is not actually registered under Section 107(1)(c)?	No.
Can a person represent that registration confers an exclusive right beyond the limitations entered on the register under Section 107(1)(d)?	No.
What is the penalty for contravention of Section 107(1) under Section 107(2)?	A penalty equal to one-half per cent of the total sales or turnover in business or gross professional receipts, as computed in the audited accounts, or ₹5,00,000, whichever is less.
What is the effect of using the word "registered" or any expression, symbol or sign referring to registration under Section 107(3)?	It shall be deemed to refer to registration in the Indian Register of Trade Marks unless covered by the exceptions.
What is the exception under Section 107(3)(a)?	Where the reference clearly indicates registration under the law of a foreign country in which such registration is actually in force.
What is the exception under Section 107(3)(b)?	Where the expression, symbol or sign itself indicates that the reference is to registration under the law of a foreign country.
What is the exception under Section 107(3)(c)?	Where the word "registered" is used for a mark registered under the law of a foreign country only in relation to goods exported to or services used in that country.
What is the subject matter of Section 108?	Penalty for improperly describing a place of business as connected with the Trade Marks Office.
What is the status of Section 108?	Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023) with effect from 1-8-2024.
What is the subject matter of Section 109?	Penalty for falsification of entries in the register.
What is the status of Section 109?	Omitted by the Jan Vishwas (Amendment of Provisions) Act, 2023 (18 of 2023) with effect from 1-8-2024.
What is the subject matter of Section 110?	No offence in certain cases.
To which penal provisions does Section 110 apply?	Sections 102, 103, 104 and 105.
When is no offence committed under Section 110(a)?	Where the alleged offence relates to a registered trade mark and the act or omission is permitted under this Act.
When is no offence committed under Section 110(b)?	Where the alleged offence relates to a registered or unregistered trade mark and the act or omission is permitted under any other law for the time being in force.
What is the subject matter of Section 111?	Forfeiture of goods.
When may the court direct forfeiture of goods under Section 111(1)?	On conviction under Sections 103, 104 or 105, or on acquittal under Sections 103 or 104 on proof of the specified statutory defences.
What may be forfeited under Section 111(1)?	All goods and things by means of, or in relation to, which the offence has been committed or would have been committed but for the statutory defence.
Does an appeal lie against an order of forfeiture passed on conviction under Section 111(2)?	Yes.
When can an appeal against forfeiture ordered on acquittal be preferred under Section 111(3)?	Within thirty days from the date of the forfeiture order where the value of the goods or things exceeds ₹50.
To which court does an appeal against forfeiture on acquittal lie under Section 111(3)?	The court to which appeals from sentences of the court directing the forfeiture ordinarily lie.
What may the court do with forfeited articles after conviction under Section 111(4)?	Order them to be destroyed or otherwise disposed of as it thinks fit.
What is the subject matter of Section 112?	Exemption of certain persons employed in ordinary course of business.
To which offence does Section 112 apply?	An offence under Section 103.
When is an accused entitled to acquittal under Section 112?	When all the conditions specified in clauses (a) to (d) are proved.
What must the accused prove under Section 112(a)?	That in the ordinary course of his business he was employed by others to apply trade marks or trade descriptions or to make dies, blocks, machines, plates or other instruments for making trade marks.
What must the accused prove under Section 112(b)?	That in the case concerned he was so employed and had no interest in the goods or services by way of profit or commission dependent on their sale or provision.
What must the accused prove under Section 112(c)?	That he had taken all reasonable precautions and had no reason to suspect the genuineness of the trade mark or trade description at the time of the alleged offence.
What must the accused prove under Section 112(d)?	That on demand by or on behalf of the prosecutor, he gave all the information in his power regarding the persons on whose behalf the trade mark or trade description was applied.
What is the subject matter of Section 112A?	Adjudication of penalties.
Who may authorise an adjudicating officer under Section 112A?	The Registrar.
Who may be authorised as an adjudicating officer under Section 112A?	An officer referred to in Section 3.
For what purpose is an adjudicating officer authorised under Section 112A?	To hold an inquiry and impose penalty under the provisions of the Act.
Can an adjudicating officer impose a penalty without giving an opportunity of hearing under Section 112A?	No, a reasonable opportunity of being heard must be given.
What is the subject matter of Section 112B?	Appeal.
Who may file an appeal under Section 112B(1)?	Any person aggrieved by an order of the adjudicating officer under Section 112A.
To whom does an appeal lie under Section 112B(1)?	To the appellate authority, being an officer at least one rank above the adjudicating officer, authorised by the Central Government.
Within what period shall an appeal be filed under Section 112B(1)?	Within sixty days from the date of receipt of the order.
In what form shall an appeal be preferred under Section 112B(2)?	In the prescribed form and manner.
Can an appeal be admitted after sixty days under Section 112B(3)?	Yes, if the appellant satisfies the appellate authority that there was sufficient cause for the delay.
Can an appeal be disposed of without hearing the appellant under Section 112B(4)?	No, the appellant must be given a reasonable opportunity of being heard.
Within what period shall the appellate authority dispose of an appeal under Section 112B(5)?	Within sixty days from the date of filing the appeal.
What is the consequence of non-compliance with the order of the adjudicating officer or appellate authority under Section 112B(6)?	In addition to the penalty, the person is punishable with a fine of ₹1,00,000 or imprisonment up to one year, or both, if the order is not complied with within ninety days.
What is the subject matter of Section 113?	Procedure where invalidity of registration is pleaded by the accused.
To which offences does Section 113 apply?	Offences under Sections 103, 104 and 105 relating to a registered trade mark.
What shall the court do if it finds the plea of invalidity of registration prima facie tenable under Section 113(1)(a)?	It shall adjourn the proceedings for three months to enable the accused to file an application before the High Court for rectification of the register.
Within what period must the accused apply for rectification under Section 113(1)(a)?	Within three months from the date on which the plea is recorded or within such further time as the court may allow for sufficient cause.
What is the effect of filing the rectification application within time under Section 113(1)(b)?	The criminal proceedings shall remain stayed until the rectification application is disposed of.
What is the consequence if the accused fails to apply for rectification within the prescribed or extended period under Section 113(1)(c)?	The court shall proceed with the case as if the registration were valid.
What shall the criminal court do if a rectification application was already pending before the Registrar or the High Court before the complaint was instituted under Section 113(2)?	The court shall stay the criminal proceedings pending disposal of the rectification application.
How shall the court determine the criminal charge after disposal of the rectification application under Section 113(2)?	In conformity with the result of the rectification application so far as the complainant relies upon the registration of the trade mark.
What is the subject matter of Section 114?	Offences by companies.
Who is deemed guilty where an offence under the Act is committed by a company under Section 114(1)?	The company and every person who was in charge of and responsible for the conduct of its business at the time of the offence.
What is the defence available to a person in charge under the Proviso to Section 114(1)?	That the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission.
When is a director, manager, secretary or other officer also deemed guilty under Section 114(2)?	When the offence was committed with his consent or connivance or is attributable to his neglect.
What does the term "company" include under Explanation (a) to Section 114?	Any body corporate, a firm or other association of individuals.
Who is a "director" in relation to a firm under Explanation (b) to Section 114?	A partner in the firm.
What is the subject matter of Section 115?	Cognizance of certain offences and the powers of police officer for search and seizure.
How can a court take cognizance of offences under Sections 107, 108 and 109 under Section 115(1)?	Only on a written complaint made by the Registrar or an officer authorised by him in writing.
What is the special requirement for cognizance of an offence under Section 107(1)(c) as provided in the Proviso to Section 115(1)?	A certificate of the Registrar stating that the trade mark was falsely represented as registered for goods or services for which it is not actually registered.
Which court is competent to try offences under the Trade Marks Act under Section 115(2)?	A Metropolitan Magistrate or a Judicial Magistrate of the First Class.
Which offences are cognizable under Section 115(3)?	Offences under Sections 103, 104 and 105.
Which police officer may conduct search and seizure under Section 115(4)?	A police officer not below the rank of Deputy Superintendent of Police or an equivalent officer.
Can a police officer search and seize without a warrant under Section 115(4)?	Yes, if satisfied that an offence under Sections 103, 104 or 105 has been, is being, or is likely to be committed.
Before whom shall the seized articles be produced under Section 115(4)?	A Judicial Magistrate of the First Class or a Metropolitan Magistrate, as the case may be.
What must the police officer obtain before conducting search and seizure under the Proviso to Section 115(4)?	The opinion of the Registrar on the facts relating to the trade mark offence, which the police officer shall abide by.
Within what period may a person interested in the seized articles apply for their restoration under Section 115(5)?	Within fifteen days of the seizure.
Who decides an application for restoration of seized articles under Section 115(5)?	The Judicial Magistrate of the First Class or the Metropolitan Magistrate, after hearing the applicant and the prosecution.
What is the subject matter of Section 116?	Evidence of origin of goods imported by sea.
What is prima facie evidence of the place or country where imported goods were made or produced under Section 116?	The port of shipment.
In which proceedings does Section 116 apply?	Prosecutions under the Trade Marks Act or under Section 112(b) of the Customs Act, 1962 relating to confiscation of goods under Section 111(d) notified for protection of trade marks.
What is the subject matter of Section 117?	Costs of defence or prosecution.
Can the court award costs in a prosecution under the Trade Marks Act under Section 117?	Yes.
To whom may costs be awarded under Section 117?	By the accused to the complainant or by the complainant to the accused.
What factors shall the court consider while awarding costs under Section 117?	All the circumstances of the case and the conduct of the parties.
How are costs awarded under Section 117 recoverable?	As if they were a fine.
What is the subject matter of Section 118?	Limitation of prosecution.
What is the limitation period for commencing prosecution under Section 118?	Three years from the commission of the offence or two years from its discovery by the prosecutor, whichever expires earlier.
To which prosecutions does Section 118 apply?	Prosecutions under the Trade Marks Act and under Section 112(b) of the Customs Act, 1962 relating to notified imports infringing trade marks.
What is the subject matter of Section 119?	Information as to commission of offence.
Can a Government officer be compelled to disclose the source of information regarding an offence under the Trade Marks Act under Section 119?	No.
Which Government officer is protected under Section 119?	An officer whose duty is to take part in the enforcement of the provisions of this Chapter.
What is the subject matter of Section 120?	Punishment of abetment in India of acts done out of India.
Can a person in India be punished for abetting outside India an act which would be an offence if committed in India under Section 120?	Yes.
Where may a person accused under Section 120 be tried?	In any place in India where he may be found.
What punishment is prescribed under Section 120?	The same punishment to which he would have been liable if he had himself committed the act in that place in India.
What is the subject matter of Section 121?	Instructions of Central Government as to permissible variation to be observed by criminal courts.
What may the Central Government issue under Section 121?	Instructions by notification in the Official Gazette prescribing permissible limits of variation regarding number, quantity, measure, gauge or weight.
For what purpose are instructions under Section 121 issued?	To be recognised by criminal courts as permissible variations in the case of goods.

CHAPTER XIII
MISCELLANEOUS
What is the subject matter of Section 122?	Protection of action taken in good faith.
Can any suit or legal proceeding lie against a person for anything done in good faith under the Trade Marks Act under Section 122?	No.
What is the subject matter of Section 123?	Certain persons to be public servants.
Who is deemed to be a public servant under Section 123?	Every person appointed under this Act.
Within the meaning of which provision are such persons deemed to be public servants under Section 123?	Section 2(28) of the BNS.
What is the subject matter of Section 124?	Stay of proceedings where the validity of registration of the trade mark is questioned.
When does Section 124 apply?	Where in an infringement suit the validity of the plaintiff's or defendant's registered trade mark is questioned.
When shall the court stay the suit under Section 124(1)(a)(i)?	Where rectification proceedings relating to the plaintiff's or defendant's trade mark are already pending before the Registrar or the High Court.
What shall the court do if no rectification proceedings are pending but the plea of invalidity is prima facie tenable under Section 124(1)(a)(ii)?	Raise an issue regarding validity and adjourn the case for three months to enable the concerned party to apply to the High Court for rectification.
Within what period must the concerned party apply for rectification under Section 124(1)(a)(ii)?	Within three months from the framing of the issue or within such extended time as the court may allow for sufficient cause.
What is the effect of filing the rectification application within the prescribed period under Section 124(2)?	The trial of the suit shall remain stayed until the rectification proceedings are finally disposed of.
What is the consequence if no rectification application is filed within the prescribed or extended period under Section 124(3)?	The issue regarding validity of registration shall be deemed abandoned and the court shall proceed with the remaining issues.
Is the final order in rectification proceedings binding under Section 124(4)?	Yes, it is binding on the parties and the court shall dispose of the suit in conformity with it regarding the issue of validity.
Can the court pass interlocutory orders despite the stay of the suit under Section 124(5)?	Yes, including injunctions, directions for accounts, appointment of a receiver or attachment of property.
What is the subject matter of Section 125?	Application for rectification of register to be made to High Court in certain cases.
Where shall an application for rectification be made when the validity of a registered trade mark is questioned in an infringement suit under Section 125(1)?	To the High Court and not to the Registrar.
Does Section 125(1) override Sections 47 and 57?	Yes.
When does Section 125(1) apply?	Where the defendant challenges the validity of the plaintiff's registered trade mark or where the plaintiff challenges the validity of the defendant's registered trade mark after the defendant raises the defence under Section 30(2)(e).
Can the Registrar refer a rectification application to the High Court under Section 125(2)?	Yes.
At what stage may the Registrar refer a rectification application to the High Court under Section 125(2)?	At any stage of the proceedings.
What is the subject matter of Section 126?	Implied warranty on sale of marked goods.
What is the implied warranty under Section 126?	The seller is deemed to warrant that the mark is genuine and not falsely applied, and that the trade description is not a false trade description.
When does the implied warranty under Section 126 arise?	Where a mark, trade mark or trade description has been applied to goods on sale, in a contract for sale of goods, or in relation to any service.
Can the implied warranty under Section 126 be excluded?	Yes, by a written expression signed by or on behalf of the seller, delivered at the time of sale or provision of services and accepted by the buyer.
What is the subject matter of Section 127?	Powers of Registrar.
What powers of a civil court does the Registrar possess under Section 127(a)?	Powers to receive evidence, administer oaths, enforce attendance of witnesses, compel discovery and production of documents, and issue commissions for examination of witnesses.
Can the Registrar award costs under Section 127(b)?	Yes, subject to rules made under Section 157, the Registrar may make reasonable orders as to costs.
How are cost orders of the Registrar enforced under Section 127(b)?	They are executable as a decree of a civil court.
What is the limitation on the Registrar's power to award costs under the Proviso to Section 127(b)?	The Registrar cannot award costs to or against any party in an appeal against refusal by the proprietor of a certification trade mark to certify goods or services or to authorise use of the mark.
Can the Registrar review his own decision under Section 127(c)?	Yes, on an application made in the prescribed manner.
What is the subject matter of Section 128?	Exercise of discretionary power by Registrar.
Can the Registrar exercise discretionary power adversely without hearing the affected person under Section 128?	No, if the person so requires within the prescribed time, he must be given an opportunity of being heard.
To which provision is Section 128 subject?	Section 131.
What is the subject matter of Section 129?	Evidence before Registrar.
How shall evidence ordinarily be given before the Registrar under Section 129?	By affidavit.
Can the Registrar receive oral evidence under the Proviso to Section 129?	Yes, in lieu of or in addition to evidence by affidavit.
What is the subject matter of Section 130?	Death of party to a proceeding.
What may the Registrar do if a party to proceedings before him dies under Section 130?	Substitute the successor in interest on proof of transmission of interest or permit the proceedings to continue without substitution if the deceased's interest is sufficiently represented by the surviving parties.
When may the Registrar permit proceedings to continue without substitution under Section 130?	When he is of the opinion that the deceased person's interest is sufficiently represented by the surviving parties.
What is the subject matter of Section 131?	Extension of time.
When may the Registrar extend the time for doing an act under Section 131(1)?	When sufficient cause is shown on a prescribed application accompanied by the prescribed fee, provided the time is not one expressly provided in the Act.
Can the Registrar extend time even after the specified time has expired under Section 131(1)?	Yes.
Can the Registrar impose conditions while granting extension of time under Section 131(1)?	Yes.
Is the Registrar required to hear the parties before deciding an application for extension of time under Section 131(2)?	No.
Does an appeal lie against an order of the Registrar under Section 131(2)?	No.
What is the subject matter of Section 132?	Abandonment.
When may the Registrar treat an application as abandoned under Section 132?	When the applicant defaults in prosecuting the application and fails to remedy the default within the time specified in the notice.
What opportunity must be given before treating an application as abandoned under Section 132?	An opportunity of being heard, if the applicant so desires.
What is the subject matter of Section 133?	Preliminary advice by the Registrar as to distinctiveness.
Can a person seek preliminary advice regarding the distinctiveness of a proposed trade mark under Section 133(1)?	Yes.
What advice may the Registrar give under Section 133(1)?	Whether the proposed trade mark appears prima facie to be distinctive.
Within what period must an application for registration be made to claim the benefit of Section 133(2)?	Within three months after the Registrar gives affirmative advice.
When is the applicant entitled to a refund of the application fee under Section 133(2)?	Where, despite earlier affirmative advice, the Registrar later objects that the trade mark is not distinctive and the applicant withdraws the application within the prescribed period.
What is the subject matter of Section 134?	Suit for infringement, etc., to be instituted before District Court.
Before which court shall a suit for infringement of a registered trade mark be instituted under Section 134(1)(a)?	A District Court having jurisdiction.
Before which court shall a suit relating to any right in a registered trade mark be instituted under Section 134(1)(b)?	A District Court having jurisdiction.
Before which court shall a passing off suit based on an identical or deceptively similar trade mark be instituted under Section 134(1)(c)?	A District Court having jurisdiction.
Can a suit under Section 134(1) be instituted before a court inferior to a District Court?	No.
What is meant by a "District Court having jurisdiction" under Section 134(2)?	It includes a District Court within whose local limits the person instituting the suit actually and voluntarily resides, carries on business or personally works for gain, notwithstanding the Code of Civil Procedure, 1908 or any other law.
Who is included within the expression "person" under the Explanation to Section 134?	The registered proprietor and the registered user.
What is the subject matter of Section 135?	Relief in suits for infringement or for passing off.
What reliefs may a court grant in a suit for infringement or passing off under Section 135(1)?	Injunction, and at the option of the plaintiff, either damages or an account of profits, with or without delivery-up of infringing labels and marks for destruction or erasure.
What types of injunctions may be granted under Section 135(2)?	Ex parte injunctions and interlocutory orders.
For what purpose may an interlocutory order be granted under Section 135(2)(a)?	For discovery of documents.
For what purpose may an interlocutory order be granted under Section 135(2)(b)?	For preservation of infringing goods, documents or other evidence related to the suit.
For what purpose may an interlocutory order be granted under Section 135(2)(c)?	To restrain the defendant from disposing of or dealing with assets in a manner prejudicial to the plaintiff's recovery of damages, costs or other pecuniary remedies.
When shall the court not grant damages (other than nominal damages) or an account of profits under Section 135(3)(a)?	Where the infringement relates to a certification trade mark or a collective mark.
When is the defendant protected from damages or account of profits in an infringement suit under Section 135(3)(b)?	Where he proves he was unaware and had no reasonable ground to believe the plaintiff's trade mark was registered or that the plaintiff was a registered user, and ceased using the mark immediately upon becoming aware.
When is the defendant protected from damages or account of profits in a passing off suit under Section 135(3)(c)?	Where he proves he was unaware and had no reasonable ground to believe the plaintiff's trade mark was in use, and ceased using the mark immediately upon becoming aware.
What is the subject matter of Section 136?	Registered user to be impleaded in certain proceedings.
In which proceedings must a registered user be impleaded under Section 136(1)?	Every proceeding under Chapter VII or under Section 91.
Which registered user must be made a party under Section 136(1)?	Every registered user using the trade mark by way of permitted use who is not himself an applicant in the proceeding.
Is a registered user impleaded under Section 136(1) liable for costs under Section 136(2)?	No, unless he enters an appearance and takes part in the proceeding.
What is the subject matter of Section 137?	Evidence of entries in register, etc., and things done by the Registrar.
What documents are admissible in evidence under Section 137(1)?	A copy of any entry in the register or any document referred to in Section 148(1), certified by the Registrar and sealed with the seal of the Trade Marks Registry.
Is further proof or production of the original required for documents admitted under Section 137(1)?	No.
What is the evidentiary value of a certificate issued by the Registrar under Section 137(2)?	It is prima facie evidence of the entry having been made, its contents, or of the matter or thing having been done or not done.
What is the subject matter of Section 138?	Registrar and other officers not compellable to produce register, etc.
Can the Registrar or an officer of the Trade Marks Registry be compelled to produce the register or other documents in legal proceedings to which he is not a party under Section 138?	No.
When may the Registrar or an officer of the Trade Marks Registry be compelled to produce the register or appear as a witness under Section 138?	Only by an order of the court made for special cause.
Why are the Registrar or Registry officers ordinarily not required to produce the register under Section 138?	Because the contents can be proved by producing a certified copy issued under the Act.
What is the subject matter of Section 139?	Power to require goods to show indication of origin.
What may the Central Government require by notification under Section 139(1)?	Goods specified in the notification to bear an indication of the country or place of manufacture or production, or the name and address of the manufacturer or the person for whom the goods were manufactured.
When can a notification issued under Section 139(1) take effect?	From a date not less than three months after the date of its issue.
What may a notification specify under Section 139(2)?	The manner in which the indication is to be applied and the times or occasions on which such indication is required.
When may the Central Government issue a notification under Section 139(3)?	On an application by persons or associations substantially representing the interests concerned or where it is otherwise satisfied that issuance is necessary in the public interest.
Which provision applies to the issue of a notification under Section 139(4)?	Section 23 of the General Clauses Act, 1897.
To which imported goods does a notification under Section 139 not apply under Section 139(5)?	Goods intended for exportation, where the Commissioner of Customs is satisfied of such intention at the time of importation.
What is the subject matter of Section 140?	Power to require information of imported goods bearing false trade marks.
Who may give notice to prohibit importation of goods under Section 140(1)?	The proprietor or a licensee of a registered trade mark.
To whom is the notice under Section 140(1) given?	The Collector of Customs.
When may notice be given under Section 140(1)?	Where the import of the goods constitutes infringement under Section 29(6)(c).
When may the Commissioner of Customs require information from the importer under Section 140(2)?	Where notified goods liable to confiscation are imported and he has reason to believe that the complained trade mark is being used as a false trade mark.
What may the Commissioner of Customs require under Section 140(2)?	Production of relevant documents and information regarding the consignor and consignee of the goods.
Within what period must the importer or his agent comply with the requirement under Section 140(3)?	Within fourteen days.
What is the penalty for failure to comply with Section 140(3)?	A penalty of ₹10,000.
By whom shall the penalty under Section 140(3) be levied and recovered?	The authority under the Customs Act, 1962 designated for that purpose.
To whom may the Commissioner of Customs communicate the information obtained under Section 140(4)?	The registered proprietor or registered user of the trade mark alleged to have been used as a false trade mark.
What is the subject matter of Section 141?	Certificate of validity.
When may the High Court grant a certificate of validity under Section 141?	When, in contested rectification proceedings, it decides in favour of the registered proprietor on the validity of the registration of the trade mark.
What is the benefit of a certificate of validity under Section 141?	In subsequent legal proceedings where the validity of the registration is questioned, the proprietor, on succeeding, is entitled to full costs, charges and expenses as between legal practitioner and client unless the final order or judgment directs otherwise for sufficient reason.
Which authority grants the certificate of validity under Section 141?	The High Court.
What is the subject matter of Section 142?	Groundless threats of legal proceedings.
Who may institute a suit under Section 142(1)?	Any person aggrieved by groundless threats of legal proceedings for trade mark infringement.
What reliefs may be granted under Section 142(1)?	A declaration that the threats are unjustifiable, an injunction against their continuance, and damages, if any.
How can the person making the threats avoid liability under Section 142(1)?	By satisfying the court that the trade mark is registered and that the threatened acts constitute or, if done, would constitute infringement.
When does Section 142(1) not apply under Section 142(2)?	Where the registered proprietor or a registered user acting under Section 52(1) commences and diligently prosecutes an infringement action against the person threatened.
Are legal practitioners or registered trade marks agents liable under Section 142(3)?	No, for acts done in their professional capacity on behalf of a client.
Before which court shall a suit under Section 142(1) be instituted under Section 142(4)?	A District Court or a court superior thereto.
What is the subject matter of Section 143?	Address for service.
What is the effect of stating an address for service in an application or notice of opposition under Section 143?	It is deemed to be the address of the applicant or opponent for that proceeding.
How may documents be served under Section 143?	By leaving them at or sending them by post to the address for service.
What is the subject matter of Section 144?	Trade usages, etc., to be taken into consideration.
What evidence shall the Registrar or the High Court admit under Section 144?	Evidence of the usages of the trade concerned and any relevant trade mark, trade name or get-up legitimately used by other persons.
What is the subject matter of Section 145?	Agents.
Can acts required to be done before the Registrar be performed through an agent under Section 145?	Yes, except the making of an affidavit.
Who may act as an authorised agent under Section 145?	A legal practitioner, a registered trade marks agent, or a person in the sole and regular employment of the principal.
What is the subject matter of Section 146?	Marks registered by an agent or representative without authority.
What remedy is available if an agent or representative registers or attempts to register the proprietor's trade mark in his own name without authority under Section 146?	The proprietor may oppose the registration or seek its cancellation or rectification of the register to have himself entered as the registered proprietor by assignment.
Within what period must action under Section 146 be taken?	Within three years from the date the registered proprietor becomes aware of the conduct of the agent or representative.
What is the subject matter of Section 147?	Indexes.
Which indexes are to be maintained under the direction and supervision of the Registrar under Section 147?	An index of registered trade marks, an index of pending trade mark applications, an index of the names of registered proprietors, and an index of the names of registered users.
What is the subject matter of Section 148?	Documents open to public inspection.
Which is the principal register made open to public inspection under Section 148(1)(a)?	The register and any document on which an entry in the register is based.
Are notices of opposition, counter-statements, affidavits and documents filed before the Registrar open to public inspection under Section 148(1)(b)?	Yes.
Which regulations are open to public inspection under Section 148(1)(c)?	Regulations deposited under Sections 63 or 74 and applications under Sections 66 or 77 for varying such regulations.
Are the indexes maintained under Section 147 open to public inspection under Section 148(1)(d)?	Yes.
Can the Central Government specify additional documents for public inspection under Section 148(1)(e)?	Yes, by notification in the Official Gazette.
How shall inspection be made where the register is maintained wholly or partly on computer under the Proviso to Section 148(1)?	By inspecting the computer printout of the relevant entry.
Can any person obtain a certified copy of an entry in the register or documents referred to in Section 148(1) under Section 148(2)?	Yes, on application to the Registrar and payment of the prescribed fee.
What is the subject matter of Section 149?	Reports of Registrar to be placed before Parliament.
What is the duty of the Central Government under Section 149?	To place before both Houses of Parliament, once every year, a report regarding the execution of the Act by or under the Registrar.
What is the subject matter of Section 150?	Fees and surcharge.
In respect of what matters are fees and surcharge payable under Section 150(1)?	Applications, international applications, registration and other matters under the Act, as prescribed by the Central Government.
Can the Registrar perform an act for which a fee is payable before the fee is paid under Section 150(2)?	No.
When is a document deemed to have been filed at the Trade Marks Registry under Section 150(3)?	Only after the prescribed fee has been paid.
What is the subject matter of Section 151?	Savings in respect of certain matters in Chapter XII.
Does Chapter XII exempt any person from civil suits or other proceedings under Section 151(a)?	No.
Can a person refuse to make discovery or answer questions in legal proceedings because of Chapter XII under Section 151(b)?	No.
What protection is provided regarding discovery or answers under Section 151(b)?	Such discovery or answers are not admissible in evidence against the person in prosecutions under Chapter XII or specified Customs Act proceedings.
When is a servant protected from prosecution under Section 151(c)?	When he acts in good faith in obedience to the instructions of a master resident in India and, on demand, gives full information about the master and the instructions received.
What is the subject matter of Section 152?	Declaration as to ownership of trade mark not registrable under the Registration Act, 1908.
Can a document declaring ownership or title to an unregistered trade mark be registered under the Registration Act, 1908 under Section 152?	No.
To which category of trade marks does the prohibition under Section 152 apply?	Trade marks other than registered trade marks.
Which Act is overridden by Section 152?	The Registration Act, 1908.
What is the subject matter of Section 153?	Government to be bound.
Is the Government bound by the provisions of the Trade Marks Act under Section 153?	Yes.
What is the subject matter of Section 154?	Special provisions relating to applications for registration from citizens of convention countries.
Who may declare a country, group of countries, union of countries or Inter-Governmental Organisation to be a convention country under Section 154(1)?	The Central Government by notification in the Official Gazette.
What is the condition for declaring a convention country under Section 154(1)?	It must afford citizens of India privileges similar to those granted to its own citizens under a treaty, convention or arrangement.
Within what period must an application be filed in India to claim convention priority under Section 154(2)?	Within six months from the date of the application in the convention country or Inter-Governmental Organisation.
What is the effect of filing within six months under Section 154(2)?	If registered, the trade mark is deemed to be registered from the date of the first application in the convention country.
From which application is the six-month period calculated where applications are filed in more than one convention country under Section 154(3)?	From the date of the earlier or earliest application.
Can damages be recovered for infringement occurring before the application for registration in India under Section 154(4)?	No.
What is the subject matter of Section 155?	Provision as to reciprocity.
When does Section 155 apply?	Where a notified country or Inter-Governmental Organisation does not accord Indian citizens the same trade mark rights as it accords its own nationals.
Who specifies such non-reciprocating countries or organisations under Section 155?	The Central Government by notification in the Official Gazette.
Can a national of a non-reciprocating country apply for registration of a trade mark under Section 155(a)?	No.
Can a national of a non-reciprocating country be registered as the proprietor of a trade mark under Section 155(a)?	No.
Can a national of a non-reciprocating country be registered as the assignee of a registered trade mark under Section 155(b)?	No.
Can a national of a non-reciprocating country apply for or be registered as a registered user under Section 49 by virtue of Section 155(c)?	No.
What is the subject matter of Section 156?	Power of Central Government to remove difficulties.
Who has the power to remove difficulties under Section 156(1)?	The Central Government.
How may the Central Government remove difficulties under Section 156(1)?	By order published in the Official Gazette making provisions not inconsistent with the Act.
What is the time limit for exercising the power under Section 156(1)?	No order may be made after the expiry of five years from the commencement of the Act.
What must be done with every order made under Section 156(2)?	It shall be laid before each House of Parliament as soon as may be after it is made.
What is the subject matter of Section 157?	Power to make rules.
Who has the power to make rules under Section 157(1)?	The Central Government.
How are rules made under Section 157(1)?	By notification in the Official Gazette and subject to the condition of previous publication.
For what purpose may rules be made under Section 157(1)?	To carry out the provisions of the Trade Marks Act.
Can the rule-making powers under Section 157(2) limit the general power under Section 157(1)?	No, they are without prejudice to the generality of the rule-making power.
On what matters may rules be made under Section 157(2)(i)?	Matters to be included in the Register of Trade Marks and safeguards for maintaining electronic records under Section 6.
On what matter may rules be made under Section 157(2)(ii)?	Publication of the alphabetical index of classification of goods and services under Section 8.
On what matter may rules be made under Section 157(2)(iii)?	The manner in which the Registrar may notify an international non-proprietary name under Section 13.
On what matter may rules be made under Section 157(2)(iv)?	The manner of applying for dissolution of an association under Section 16(5).
On what matter may rules be made under Section 157(2)(v)?	The manner of making an application for registration of a trade mark under Section 18(1).
On what matter may rules be made under Section 157(2)(vi)?	The manner of advertisement of applications and notification of corrections or amendments under Section 20.
On what matters may rules be made under Section 157(2)(vii)?	Notice of opposition, fee, counter-statement, submission of evidence and time limits under Section 21.
On what matters may rules be made under Section 157(2)(viii)?	The form of certificate of registration and the manner of giving notice under Section 23.
On what matters may rules be made under Section 157(2)(ix)?	Renewal, restoration, fees, surcharge and notice under Section 25.
On what matters may rules be made under Section 157(2)(ixa)?	Forwarding international applications to the International Bureau and certification of particulars under Section 36D(4).
On what matter may rules be made under Section 157(2)(ixb)?	Keeping records of particulars of international registrations under Section 36E(1).
On what matter may rules be made under Section 157(2)(ixc)?	Informing the International Bureau under Section 36E(2).
On what matters may rules be made under Section 157(2)(ixd)?	Advertisement and time for advertising international registrations under Section 36E(3).
On what matter may rules be made under Section 157(2)(x)?	The manner of submitting statements of cases under Section 40(2).
What is the subject matter of Section 157(2)(xi)?	Rules regarding the manner of making an application by the proprietor of a trade mark under Section 41.
On what matter may rules be made under Section 157(2)(xi)?	The manner of making an application by the proprietor of a trade mark under Section 41.
What is the subject matter of Section 157(2)(xii)?	Rules regarding assignment or transmission of certification trade marks under Section 43.
On what matter may rules be made under Section 157(2)(xii)?	The manner of making an application for assignment or transmission of a certification trade mark under Section 43.
What is the subject matter of Section 157(2)(xiii)?	Rules regarding registration of title under Section 45(1).
On what matter may rules be made under Section 157(2)(xiii)?	The manner of making an application to register title under Section 45(1).
What is the subject matter of Section 157(2)(xiiia)?	Rules regarding disposal period of applications under Section 45.
On what matter may rules be made under Section 157(2)(xiiia)?	The period within which the Registrar shall dispose of an application under Section 45(3).
On what matter may rules be made under Section 157(2)(xiv)?	The manner and period for making an application under Section 46(4).
On what matter may rules be made under Section 157(2)(xv)?	The manner of making an application under Section 47(2).
On what matters may rules be made under Section 157(2)(xvi)?	Applications, accompanying documents and evidence, and notice under Section 49.
On what matters may rules be made under Section 157(2)(xvii)?	Applications, notice and procedure for cancellation under Section 50.
On what matters may rules be made under Section 157(2)(xviii)?	Applications, notice and service of notice relating to rectification under Section 57.
On what matter may rules be made under Section 157(2)(xix)?	The manner of making an application under Section 58.
On what matters may rules be made under Section 157(2)(xx)?	Applications, advertisement, opposition and notice under Section 59.
On what matter may rules be made under Section 157(2)(xxi)?	The manner of advertisement under Section 60(2).
On what matter may rules be made under Section 157(2)(xxii)?	Other matters to be specified in the regulations under Section 63(2).
On what matter may rules be made under Section 157(2)(xxiii)?	The manner of making an application under Section 71(1).
What is the subject matter of Section 157(2)(xxiv)?	Rules regarding advertisement of applications under Section 73.
On what matter may rules be made under Section 157(2)(xxiv)?	The manner of advertising an application under Section 73.
What is the subject matter of Section 157(2)(xxv)?	Rules regarding applications under Section 77.
On what matter may rules be made under Section 157(2)(xxv)?	The manner of making an application under Section 77.
What is the subject matter of Section 157(2)(xxix)?	Rules regarding service conditions of the Appellate Board.
On what matters may rules be made under Section 157(2)(xxix)?	Salaries, allowances and other terms and conditions of service of the Chairperson, Vice-Chairperson and Members under Section 88(1).
What is the subject matter of Section 157(2)(xxx)?	Rules regarding investigation of misbehaviour or incapacity.
On what matter may rules be made under Section 157(2)(xxx)?	The procedure for investigation of misbehaviour or incapacity of the Chairperson, Vice-Chairperson and Members under Section 89(3).
What is the subject matter of Section 157(2)(xxxi)?	Rules regarding officers and employees of the Appellate Board.
On what matters may rules be made under Section 157(2)(xxxi)?	Salaries, allowances, service conditions and discharge of functions of officers and employees of the Appellate Board under Section 90.
What is the subject matter of Section 157(2)(xxxii)?	Rules regarding appeals under Section 91.
On what matters may rules be made under Section 157(2)(xxxii)?	The form of appeal, manner of verification and fee payable under Section 91(3).
What is the subject matter of Section 157(2)(xxxiii)?	Rules regarding applications under Section 97.
On what matters may rules be made under Section 157(2)(xxxiii)?	The form and particulars of an application under Section 97(1).
What is the subject matter of Section 157(2)(xxxiv)?	Rules regarding review applications.
On what matter may rules be made under Section 157(2)(xxxiv)?	The manner of making an application for review under Section 127(c).
What is the subject matter of Section 157(2)(xxxv)?	Rules regarding exercise of discretionary power.
On what matter may rules be made under Section 157(2)(xxxv)?	The time within which an application shall be made under Section 128.
What is the subject matter of Section 157(2)(xxxvi)?	Rules regarding extension of time.
On what matters may rules be made under Section 157(2)(xxxvi)?	The manner of making an application and the fee payable under Section 131(1).
What is the subject matter of Section 157(2)(xxxvii)?	Rules regarding preliminary advice.
On what matters may rules be made under Section 157(2)(xxxvii)?	The manner of making an application under Section 133(1) and the period for withdrawal under Section 133(2).
What is the subject matter of Section 157(2)(xxxviii)?	Rules regarding trade marks agents.
On what matters may rules be made under Section 157(2)(xxxviii)?	The manner of authorising a person to act and the manner of registration as a trade marks agent under Section 145.
What is the subject matter of Section 157(2)(xxxix)?	Rules regarding inspection of documents.
On what matters may rules be made under Section 157(2)(xxxix)?	Conditions for inspection under Section 148(1) and fees for certified copies under Section 148(2).
What is the subject matter of Section 157(2)(xl)?	Rules regarding fees and surcharge.
On what matters may rules be made under Section 157(2)(xl)?	Fees and surcharge payable for applications, registration and other matters under Section 150.
What is the subject matter of Section 157(2)(xli)?	Residuary rule-making power.
On what matters may rules be made under Section 157(2)(xli)?	Any other matter required or permitted to be prescribed.
Can rules under Section 157 have retrospective effect under Section 157(3)?	Yes, but only in respect of matters covered by clauses (xxix) and (xxxi), and not earlier than the commencement of the Act.
Can retrospective rules under Section 157(3) prejudice the interests of any person?	No.
What is the parliamentary control over rules under Section 157(4)?	Every rule shall be laid before both Houses of Parliament for a total period of thirty days and may be modified or annulled by Parliament.
Does modification or annulment of a rule affect acts already done under it under Section 157(4)?	No.
What is the subject matter of Section 158?	Amendments.
How are the enactments specified in the Schedule to be amended under Section 158?	In the manner specified in the Schedule.
What is the subject matter of Section 159?	Repeal and savings.
Which Act is repealed by Section 159(1)?	The Trade and Merchandise Marks Act, 1958.
What is the effect of Section 159(2)?	Notifications, rules, orders, registrations, certificates, notices, decisions and other actions made under the Trade and Merchandise Marks Act, 1958 continue in force as if made under the corresponding provisions of this Act.
To which pending applications does the Trade Marks Act apply under Section 159(3)?	Applications for registration pending at the commencement of the Act, the consequential proceedings and registrations granted pursuant thereto.
What is the effect of Section 159(4) on pending legal proceedings?	Pending legal proceedings may continue in the same court as if the Trade Marks Act had not been enacted, subject to Section 100.
What protection is provided under Section 159(5)?	Continued use of a registered trade mark that was not an infringement before the commencement of the Act shall not become an infringement under this Act.
What is the expiry date of registrations existing before the commencement of the Act under Section 159(6)?	Immediately after the expiry of the seven-year period for which the trade mark was registered or renewed.
When does the registration of a defensive trade mark cease under the Proviso to Section 159(6)?	On the expiry of five years from the commencement of the Act or on the expiry of the period for which it was registered or renewed, whichever is earlier.

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