The Trade Marks Act, 1999
CHAPTER I: PRELIMINARY
Section 2: Definitions And Interpretation
Bare Act
(1) In this Act, unless the context otherwise requires, -
- (b) assignment means an assignment in writing by act of the parties concerned;
- (c) associated trade marks means trade marks deemed to be, or required to be, registered as associated trade marks under this Act;
- (e) certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trade mark, of that person;
- (g) collective mark means a trade mark distinguishing the goods or services of members of an association of persons not being a partnership within the meaning of the Indian Partnership Act, 1932 (9 of 1932) which is the proprietor of the mark from those of others;
- (h) deceptively similar. A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion;
- (i) false trade description means -
- (I) a trade description which is untrue or misleading in a material respect as regards the goods or services to which it is applied; or
- (II) any alteration of a trade description as regards the goods or services to which it is applied, whether by way of addition, effacement or otherwise, where that alteration makes the description untrue or misleading in a material respect; or
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Simplified Act
(1) This section defines various terms used in this law:
- Assignment: A written transfer of rights from one party to another.
- Associated trade marks: Trade marks that are, or must be, registered together because they are related.
- Certification trade mark: A mark showing that certain goods or services meet the certifier's standards.
- Collective mark
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Explanation using examples
Let's consider a hypothetical scenario to illustrate the application of Section 2 of The Trade Marks Act, 1999. Suppose a company named "HealthFoods Inc." is known for its organic food products. Thei
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