Section 122: Protection of action taken in good faith. The Legal Text: “No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.” In Simple English: You cannot sue a government official (like the Registrar
Section 101: Meaning of applying trade marks and trade descriptions. What it means: This section is a definitions clause. To find someone guilty of “falsely applying” a mark, the law first has to be very clear on what “applying” even means. This section defines it in the broadest possible way, covering every step from manufacturing
Chapter XI: Appellate Board CRUCIAL UPDATE: THE ABOLITION OF THE IPAB Before reading this chapter, it is essential to know that the body it discusses—the Intellectual Property Appellate Board (IPAB)—was abolished in 2021 by the “Tribunals Reforms Act, 2021.” All the powers and functions of the IPAB, including hearing appeals from the Registrar, have been
Sections 79 & 80: [Omitted] What it means: You asked to review Sections 79 and 80, which were part of Chapter X – Special Provisions for Textile Goods. Sections 81 & 82: [Omitted] What it means: Just like Sections 79 and 80, Sections 81 and 82 were part of a special chapter that applied only
CHAPTER IX: CERTIFICATION TRADE MARKS This chapter introduces a new special category of mark. A Certification Mark is not a brand. It is a mark of quality or standards (like “ISO 9001” or “Woolmark”) that an owner (the “certifier”) allows anybody to use, as long as their product or service meets the required standard. Section
Section 61: Special provisions for collective marks This section explains how the main trademark rules apply to this special type of mark. Section 62: Collective mark not to be misleading as to character or significance This section is an extra “absolute ground for refusal,” specifically for collective marks. Section 63: Application to be accompanied by
CHAPTER VII: RECTIFICATION AND CORRECTION OF THE REGISTER This chapter details the legal processes for changing or deleting entries in the official Register of Trade Marks. “Rectification” means to correct or cancel a mark. Section 57: Power to cancel or vary registration and to rectify the register This is the main “cancellation” section of the
Section 46: Proposed use of trade mark by company to be formed, etc. This section solves a “chicken and egg” problem: How can you register a trademark for a company that doesn’t legally exist yet? Section 47: Removal from register and imposition of limitations on ground of non-use This is the famous “use it or
Section 37: Power of registered proprietor to assign and give receipts This is the first section of Chapter V, which deals with transferring ownership. Section 38: Assignability and transmissibility of registered trade marks This section was a major change in trademark law. It modernizes how a mark can be sold. Section 39: Assignability and transmissibility
Section 27: No action for infringement of unregistered trade mark This is one of the most important sections in the entire Act. It defines the “WHY” of registering a trademark. Section 28: Rights conferred by registration This section explains the exact legal rights you get with your registration certificate. Section 29: Infringement of registered trade
