View All - 1964 Acts
Section No :  
Acts & Ordinances
TRADE MARKS
Marginal Notes
1. This Act may be cited as the Trade Marks Act, No. 30 of 1964, and shall come into operation on such data as the Minister may appoint by Order published in the Gazette.
2. The register of trade marks.
3. Register to be open to the public for inspection.
4. No action for infringement of unregistered trade marks.
5. Right given by registration in Part A, and infringement thereof.
6. Right given by registration in Part B, and infringement thereof.
7. Infringement by breach of certain restrictions.
8. Savings for vested rights.
9. Saving for-use, of name, address, or description of goods.
10. Distinctiveness requisite for registration in Part A.
11. Capability of distinguishing requisite for registration in Part B.
12. Prohibition of registration of deceptive matter, &c.
13. Prohibition of registration of identical and resembling trade marks.
14. Registration in Part A to be conclusive as to validity after seven years.
15. Registration subject to disclaimer.
16. Words used as name or description of an article or substance.
17. Effect of limitation as to colour, and of absence thereof.
18. Application for registration.
19. Opposition to registration.
20. Registration.
21. Duration and renewal of registration.
22. Registration of parts of trade marks and of trade marks as a series.
23. Powers of, and restrictions on, assignment and transmission.
24. Certain trade marks to be associated so as to be assignable and transmissible as a whole only.
25. Power of registered proprietor to assign and give receipts.
26. Registration of assignments and transmissions.
27. Removal from register and imposition of limitations on ground of non-use.
28. Registered users.
29. Proposed use of trade mark by corporation to be constituted, &c.
30. Use of one of associated or substantially identical trade marks equivalent to use of another.
31. Use of trade mark for export.
32. General power to rectify entries in register.
33. Power to expunge or vary registration for breach of condition.
34. Correction of register.
35. Alteration of registered trade mark.
36. Adaptation of entries in register to amended or substituted classification of goods.
37. Defensive registration of well known trade marks.
38. Marks registrable as certification trade marks.
39. Application for registration of certification trade mark.
40. Proceedings on application.
41. Deposit of regulations Relating to each registered certification trade marks.
42. Consequences of registration of certification trade marks,
43. Power of court to direct amendment of the register or variation of regulations.
44. Special provisions as to the award of costs.
45. Exclusion of certain provisions of this Act.
46. Registration of trade marks for which protection has been sought in a Convention country.
47. Power to make rules.
48. Fees.
49. Preliminary advice by Registrar as to distinctiveness.
50. Hearing before exercise of Registrar's discretion.
51. Power of Registrar to award costs.
52. Power to make copies of damaged volumes of the register, to prepare and insert reconstructed folios and to rectify clerical errors or omissions.
53. Registrar may take directions from the Attorney-General
54. Registration to be prima facie evidence of validity.
55. Certificate of validity.
56. Cost of Registrar in proceedings before court, and payment of costs by Registrar.
57. Trade usage, &c., to be considered
58. Registrar's appearance in proceedings involving rectification.
59. Court's power to review Registrar's decision.
60. Discretion of court in appeals.
61. Procedure in cases of option to apply to court or Registrar.
62. Appeal from orders of the court. Cap. 101.
63. Stamp duties on proceedings in the court.
64. Stamp duties on appeals to the Supreme Court.
65. Mode of giving evidence.
66. Evidence of entries in register.
67. Evidence of things done by the Registrar.
68. Falsification of entries in register.
69. Falsely represent-ting a trade mark as registered.
70. Unauthorized assumption of Royal Arms, &c.
71. Unauthorized use of name, title, seal, &c., of international organizations.
72. Unauthorized use of mark, seal, emblem or device of certain organizations.
73. Use of religious pictures, names and titles.
74. Power to issue injunctions.
75. Change of form of trade connection not to be deemed to cause deception.
76. Jointly owned trade marks.
77. Trusts.
78. Recognition of agents.
79. Repeal and savings, Cap. 150.
80. Validity of registration under previous law.
81. Assignments and transmissions prior to appointed day.
82. Association of trade marks assignable or transmissible only as a whole.
83. Previous use of a trade mark by person becoming registered user after appointed day.
84. Use of trade mark for export trade before appointed day.
85. Interpretation.