The Trademark Act 1999

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An Act to amend the Trade Marks Act, 1999. BE it enacted by Parliament in the Sixty- first Year of the Republic of India as follows:

1. Short title and commencement. – (1) This Act may be called the Trade Marks (Amendment) Act, 2010. (2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. Amendment of section 11. – In section 11 of the Trade Marks Act, 1999 (hereinafter referred to as the principal Act), in the Explanation, for clause (a), the following clause shall be substituted, namely:—

“(a) a registered trade mark or an application under section 18 bearing an earlier date of filing or an international registration referred to in section 36E or convention application referred to in section 154 which has a date of application earlier than that of the trade mark in question, taking account, where appropriate, of the priorities claimed in respect of the trade marks;”.

3. Amendment of section 21. – In section 21 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely:“(1) Any person may, within four months from the date of the advertisement or re-advertisement of an application for registration, give notice in writing in the prescribed manner and on payment of such fee as may be prescribed, to the Registrar, of opposition to the registration.”

4. Amendment of section 23. – In section 23 of the principal Act, in sub-section (1), after the words “register the said trade mark”, the words “within eighteen months of the filing of the application” shall be inserted.

5. Insertion of new Chapter IVA. – After Chapter IV of the principal Act, the following Chapter shall be inserted, namely:

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