THE PATENTS AND DESIGNS ACT, 1911

Trademarks Act, 2009 Act No. XIX of 2009*

An Act to repeal, amend, consolidate and re-enact the laws relating to trademarks.

Whereas, it is expedient and necessary to
repeal, amend,consolidate and re-enact the laws relating to trademarks; 


OUR TRADE MARK REGISTRATION NO: 22012

(8) “trademark” means⎯

(a) in relation to Chapter X of this Act, other than section 77⎯

(i) a registered trademark or a mark used in relation to goods for the purpose of indicating a connection in the course of trade between the goods and the person having the right as proprietor to use the mark;

(ii) a mark used in relation to a service so that it may be indicated that the person has the right as proprietor to use the mark in the course of trade;

(b) in relation to the other provisions of this Act, a mark used or proposed to be used in relation to any service or goods indicating a connection in the course of trade between the goods and the person having the right, either as proprietor or as registered user, to use the mark;

(c) certification trademark; 


(15) “registered trademark” means a trademark included in the Register;

(16) “registered user” means a registered user under section 44 of this Act; 


CHAPTER II

REGISRTRAR, PATENT, DESIGN AND TRADEMARKS,TRADEMARKS REGISTRY AND CONDITIONS OF REGISTRATION*


3. Registrar of Trademarks, Trademarks Registry, etc.⎯(1) For the purpose of this Act⎯

(a) the Trademarks Registry Wing of the Department of Patents, Designs and Trademarks, established under the Patents and Designs Act, 1911 (Act II of 1911) hereinafter referred to as the said Act in this section. shall be the Trademarks Registry under this Act;

(b) there shall be a Register in the Trademarks Registry who shall be called the Registrar of Trademarks, and the ‘Registrar of Patents, Design and Trademarks appointed under the said Act shall be the Registrar of Trademarks.

(2) For the purpose of facilitating the registration of trademarks, the Government may, by notification in the official Gazette, establish one or more branch offices of the Trademarks Registry.

(3) The Trademarks Registry or its branch offices shall perform all functions relating to trademarks including their registration.

(4) The Government may, by notification in the official Gazette, appoint required number of Deputy Registrars.

(5) A Deputy Registrar shall discharge his duties in respect of registration under this Act and under the control and supervision of the Registrar.

(6) The Registrar, with the prior approval of the Government, may, by general or special order delegate any of his functions or authority to a Deputy Registrar or any other sub-ordinate officer or officers.