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TRADE MARKS ACT, 1940

Topic Serial # Content Case Law
 

ASSIGNMENT AND TRANSMISSION

 
0
28 Power of registered proprietor to assign and give receipts
29 Assignability of registered trade marks
30 Assignability of unregistered trade marks
31 Restrictions on assignment or transmission where multiple exclusive rights would be created
32 Restrictions on assignment or transmission when exclusive rights would be created in different parts of the Pakistan
33 Conditions for assignment otherwise than in connection with the goodwill of a business
34 Conditions for assignment and transmission of certification trade marks and associated trade marks
35 Registration of assignments and transmissions
 

CHAPTER VI

 
 

USE OF TRADE MARKS AND REGISTERED USERS

 
36 Proposed use of trade mark by company to be formed
37 Removal from register and imposition of limitations on ground of non-use
38 Defensive registration of well-known trade marks
39 Registered users
40 Power of registered user to take proceedings against infringement
41 Application for registration as registered user
42 Power to Registrar to vary or cancel registration as registered user
43 Registered user not to have right of assignment or transmission
44 Use of one of associate or substantially identical trade marks equivalent to sue of another
45 Use of trade mark for export trade, and use when form of trade connection changes
 

CHAPTER VII

 
 

RECTIFICATION AND CORRECTION OF THE REGISTER

 
46 Power to cancel or vary registration and to rectify the register Case Law
47 Correction of register
48 Alteration of registered trade mark
49 Adaptation of entries in register to amended or substituted classification of goods
 

CHAPTER VIII

 
 

CERTIFICATION TRADE MARKS

 
50 Provisions of this Act applicable to certification trade marks
51 Certification trade mark not to be registered in name of person trading in goods certified thereby
52 Determination whether a mark is a certification trade mark
53 Application for registration
54 Consideration of application for registration by Central government
55 Opposition to registration
56 Deposit of regulations governing the use of a certification trade mark
57 Right conferred by registration
58 No infringement in certain circumstances
59 Cancellation or varying of registration
60 Costs not to be awarded in certain cases
61 Decisions of Central Government to be final
 

CHAPTER IX

 
 

SPECIAL PROVISIONS FOR TEXTILE GOODS

 
62 Textile goods
63 Omitted
63 63-A Omitted
64 Restrictions on registration of textile goods
65 Refused Textile Marks List
66 Advisory Committees
 

CHAPTER X

 
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