TaxTMI 
TaxTMI 
EXTRACTS FROM AMENDMENTS OF THE TRADE MARKS ACT, 1999 (47 OF 1999)
X X X X Extracts X X X X
X X X X Extracts X X X X
....s to colour. 10. (1) A trade mark may be limited wholly or in part to any combination of colours and any such limitation shall be taken into consideration by the tribunal having to decide on the distinctive character of the trade mark. (2) So far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. * * * * * Effect of removal from register for failure to pay fee for renewal. 26. Where a trade mark has been removed from the register for failure to pay the fee for renewal, it shall nevertheless, for the purpose of any application for the registration of another trade mark during one year, next after the date of the removal, be deemed to be a trade mark already on the register, unless the tribunal is satisfied either- (a) that there has been no bona fide trade use of the trade mark which has been removed during the two years immediately preceding its removal; or (b) that no deception or confusion would be likely to arise from the use of the trade mark which is the subject of the application for registration by reason of any previous use of the trade mark which has been removed. * * * * * Proposed use of trade mark ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ch use. * * * * * Use of one of associated or substantially identical trade marks equivalent to use of another. 55. (1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the tribunal may, if and, so far as it shall think right, accept use of a registered associated trade mark, or of the trade mark with additions or alterations no substantially affecting its identity, as an equivalent for the use required to be proved. * * * * * CHAPTER VII RECTIFICATION AND CORRECTION OF THE REGISTER Power to cancel or vary registration and to rectify the register. 57. (1) On application made in the prescribed manner to the Appellate Board or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto. (2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n addition to discharging the functions of the Judicial Member or Technical Member of the Bench to which he is appointed, discharge the functions of the Judicial Member or, as the case may be, the Technical Member, of any other Bench; (b) may transfer a Member from one Bench to another Bench; (c) may authorise the Vice-Chairperson, the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Judicial Member or the Technical Member, as the case may be, of another Bench. (4) Where any Benches are constituted, the Central Government may, from time to time, by notification, make provisions as to the distribution of the business of the Appellate Board amongst the Benches and specify the matters which may be dealt with by each Bench. (5) If any question arises as to whether any matter falls within the purview of the business allocated to a Bench, the decision of the Chairperson shall be final. Explanation.-For the removal of doubts, it is hereby declared that the expression matter includes an appeal under section 91. (6) If the Members of a Bench differ in opinion on any point, they shall state the point or points on which they differ,....
X X X X Extracts X X X X
X X X X Extracts X X X X
....son or senior-most Member to act as Chairperson or discharge his functions in certain circumstances. 87. (1) In the event of or any vacancy in the office of the Chairperson by reasons of his death, resignation or otherwise, the Vice-Chairperson and in his absence the senior-most Member shall act as Chairperson until the date on which a new Chairperson, appointed in accordance with the provisions of this Act to fill such vacancy, enters upon his office. (2) When the Chairperson is unable to discharge his functions owing to his absence, illness or any other cause, the Vice-Chairperson and in his absence the senior-most Member shall discharge the functions of the Chairperson until the date on which the Chairperson resumes his duty. Salaries, allowances and other terms and conditions of service of Chairperson, Vice-Chairperson and other Members. 88. (1) The salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits), of the Chairperson, Vice-Chairperson and other members shall be such as may be prescribed. (2) Notwithstanding anything contained in sub-section (1), a person who, immediately before the dat....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... nature and categories of the officers and other employees required to assist the Appellate Board in the discharge of its functions and provide the Appellate Board with such officers and other employees as it may think fit. (2) The salaries and allowances and conditions of service of the officers and other employees of the Appellate Board shall be such as may be prescribed. (3) The officers and other employees of the Appellate Board shall discharge their functions under the general superintendence of the Chairperson in the manner as may be prescribed. Appeals to Appellate Board. 91. (1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the Appellate Board within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal. (2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the Appellate Board that he had sufficient cause for not preferring....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... be made; and (b) opportunity is given to such party to be heard in the matter. Power of Chairperson to transfer cases from one Bench to another. 96. On the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the Chairman may transfer any case pending before one Bench, for disposal, to any other Bench. Procedure for application for rectification, etc., before Appellate Board. 97. (1) An application for rectification of the register made to the Appellate Board under section 57 shall be in such form as may be prescribed. (2) A certified copy of every order or judgment of the Appellate Board relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order. Appearance of Registrar in Legal proceedings. 98. (1) The Registrar shall have the right to appear and be heard- (a) in any legal proceedings before the Appellate Board in which the relief sought includes....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eriod of three months or within such extended time as may be allowed by the court the accused fails to apply to the Appellate Board for rectification of the register, the court shall proceed with the case as if the registration were valid. (2) Where before the institution of a complaint of an offence referred to in sub-section (1), any application for the rectification of the register concerning the trade mark in question on the ground of invalidity of the registration thereof has already been properly made to and is pending before the tribunal, the court shall stay the further proceedings in the prosecution pending the disposal of the application aforesaid and shall determine the charge against the accused in conformity with the result of the application for rectification in so far as the complainant relies upon the registration of his mark. * * * * * Certain persons to be public servants. 123. Every person appointed under this Act and every Member of the Appellate Board shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860.). Stay of Proceedings where the validity of registration of the trade mark is questioned, etc. 12....