The Trade Marks Act

Protection of action taken in good faith

Certain persons to be public servants

Stay of proceedings where the validity of registration of the trade mark is questioned, etc

Application for rectification of register to be made to Appellate Board in certain cases

Implied warranty on sale of marked goods

Powers of Registrar

Exercise of discretionary power by Registrar

Evidence before Registrar

Death of party to a proceeding

Extension of time

Abandonment

Preliminary advice by the Registrar as to distinctiveness

Suit for infringement, etc., to be instituted before District Court

Relief in suits for infringement or for passing off

Registered user to be impleaded in certain proceedings

Evidence of entries in register, etc., and things done by the Registrar

Registrar and other officers not compellable to produce register, etc

Power to require goods to show indication of origin

Power to require information of imported goods bearing false trade marks

Certificate of validity

Groundless threats of legal proceedings

Address for service

Trade usages, etc., to be taken into consideration

Agents

Marks registered by an agent or representative without authority

Indexes

Documents open to public inspection

Reports of Registrar to be placed before Parliament

Fees and surcharge

Savings in respect of certain matters in Chapter XII

Declaration as to ownership of trade mark not registrable under the Registration Act, 1908

Government to be bound

Special provisions relating to applications for registration from citizens of convention countries

Provision as to reciprocity

Power of Central Government to remove difficulties

Power to make rules

Amendments

Repeal and savings


MISCELLANEOUS


In any proceeding relating to a trade
mark, the tribunal shall admit evidence of the usages of the trade concerned and of any relevant trade
mark or trade name or get up legitimately used by other persons.

LAWGIST

# 144 Trade usages, etc., to be taken into consideration