Ultimate Law Resources : Database for Lawyers

TRADE MARKS ACT, 1940

Topic Serial #	Content	Case Law
	PREAMBLE
0	PREAMBLE	Case Law
	CHAPTER I
	PRELIMINARY
1	Short title, extent and commencement
2	Definitions
3	Application of other laws not barred
	CHAPTER II
	THE REGISTER AND CONDITIONSFOR REGISTRTION
4	The register of trade marks
4	4-A Branch of Trade marks Registry
5	Registration to be in respect of particular goods
6	Distinctiveness requisite for registration	Case Law
7	Limitation as to colour
8	Prohibition of registration of certain matter	Case Law
9	Use of names of chemical elements barred
10	Prohibition of registration of identical or similar trade mark	Case Law
11	Registration of parts of trade marks and of trade marks as a series
12	Associated trade marks
13	Registration subject to disclaimer
	CHAPTER III
	PROCEDURE FOR, AND DURATION OF, REGISTRATION
14	Application for registration	Case Law
15	Opposition to registration	Case Law
16	Registration
17	Jointly owned trade marks
18	Duration and renewal of registration
19	Effect of removal from register for failure to pay fee for renewal
	CHAPTER IV
	EFFECT OF REGISTRATION
20	No action for infringement of unregistered trade mark
21	Right conferred by registration	Case Law
22	No infringement in certain circumstances
23	Registration to be prima facie evidence of validity
24	Registration to be conclusive as to validity after seven years
25	Saving for vested rights
26	Saving for use of name, address, or description of goods	Case Law
27	Words used as name or description of an article or substance
	CHAPTER V