TRADE MARKS ACT, 2000
Act No. 19 of 2000
26th November 1943
An Act to provide for the Registration and more effective protection of Trade Marks. Whereas it is expedient to provide for the registration and more effective protection of trade marks; It is hereby enacted as follows:-
S.1 Short title, extent and commencement
(1) This Act may be called the Trade Marks Act, 2000.
(2) It extends to the whole of Jammu and Kashmir State.
(3) This section and section 85 shall come into force at once; the remaining provisions of the Act shall come into force on such date as the Government may, by notification in the Government Gazette, appoint in this behalf.
(1) In this Act, unless there is anything repugnant in the subject or context,-
- (a) "associated trade marks" means trade marks deemed to be, or required to be registered as, associated trade marks under this Act;
- (b) "certification trade mark" means a mark adapted in relation to any goods to distinguish in the course of trade goods certified by any person in respect of origin, material, mode of manufacture, quality, accuracy or other characteristic, from goods not so certified and registrable as such under the provisions of Chapter VIII in respect of those goods in the name, as proprietor of the certification trade mark, of that person;
- (c) "District Court" has the meaning assigned to it in the Code of Civil Procedure, 1977;
- (d) "High Court" means the High Court, as defined in section 48 of the Jammu and Kashmir Constitution Act, 1996;
- (e) "limitations" (with its grammatical variations) means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold or otherwise traded in within the State, or as to use in relation to goods to be exported to any market outside the State;
- (f) "mark" includes a device, brand, heading, label, ticket, name, signature, work, letter or numeral or any combination thereof;
- (g) "permitted use" means the use of a trade mark by a registered user thereof in relation to goods with which he is connected in the course of trade and in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject;
- (h) "prescribed" means prescribed by rules made, in relation to proceedings before the High Court, by the High Court, and in other cases, by the Government;
- (i) "registered" (with its grammatical variations) means registered under this Act;
- (j) "registered trade mark" means a trade mark which is actually on the register;
- (k) "registered user" means a person who is for the time being registered as such under section 41;
- (l) "trade mark" means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person;
- (m) "transmission" means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfers, not being assignment;
- (n) "tribunal" means the Registrar or, as the case may be, the Court before which the proceeding concerned is pending.
(2) References in this Act to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references herein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in any other relation, whatsoever, to such goods.
S.3 Application of other laws not barred
The provisions of this Act shall be in addition to and not in derogation of, the provisions of any other law for the time being in force.
S.4 The Register of trade marks
(1) For the purposes of this Act there shall be established at the Patent Office a Trade Mark Registry, and a record called the Register of Trade Marks (in this Act referred to as the register) shall be kept thereat wherein shall be entered all registered trade marks with the names, addresses and descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of registered users, disclaimers, conditions, limitations, and such other matters relating to registered trade marks as may be prescribed, but there shall not be entered in the register any notice of
