- THETRADE MARKS ACT, 1940
- CHAPTER I
- CHAPTER II
- CHAPTER 111
- CHAPTER IV
- CHAPTER V
- CHAPTER VI
- CHAPTER VII
- CHAPTER VIII
- CHAPTER IX
- CHAPTER X
- CHAPTER X1
GOVERNMENT OF PAKISTAN
MINISTRY OF LAW AND PARLIAMENTARY AFFAIRS
(Law Division)
THE
TRADE MARKS ACT, 1940
(V of 1940)
________
(As modified up to the 11th March, 1979)
THE TRADE MARKS ACT, 1940
CONTENTS
CHAPTER 1
PRELIMNARY
SECTIONS Short title, extent and commencement. Definitions. Application of other laws not barred.
CHAPTER II
The Register and Conditions for Registration The Register of trade marks. 4.A (Omitted)
5. Registration to be in respect of particular goods.
6. Distinctiveness requisite for registration.
7. Limitation as to colour.
8. Prohibition of registration of certain matter.
9. Use of names of chemical elements barred.
10. Prohibition of registration of identical or similar trade mark
11. Registration of parts of trade marks and of trade marks as a series.
12. Associated trade marks.
13. Registration subject to disclaimer.
CHAPTER III
Procedure for, and Duration of, Registration Application for registration. 15 Opposition to registration.
16 Registration.
17. Jointly owned trade marks. Duration and renewal of registration. 19 Effect of removal from register for failure to pay fee for renewal.
CHAPTER IV
EFFECT OF REGISTRATION.
No action for infringement of unregistered trade mark. Right conferred by Registration.
(i)
Trade Marks [1940: Act
SECTIONS
No infringement in certain circumstances. Registration to be prima facie evidence of validity. Registration to be conclusive as to validity after seven years. Saving for vested rights. Saving for use of name, address, or description of goods. Words used as name or description of an article or substance. ______________
CHAPTER V
Assignment and Transmission Power of registered proprietor to assign and give receipts. Assignability of registered trade marks. Assignability of unregistered trade marks. Restrictions on assignment or transmission where multiple exclusive rights would be created. Restrictions on assignment or transmission when exclusive rights would be created in different Parts of Pakistan. Conditions for assignment otherwise than in connection with the goodwill of a business. Conditions for assignment and transmission of certification trade marks and associated trade marks. Registration of assignments and transmissions. _____________
CHAPTER VI
Use of Trade Marks and Registered Users
Proposed use of trade mark by company to be formed. Removal from register and imposition of limitations on ground of non-use. Defensive registration of well-known trade marks. Registered users. Power of registrar to take proceedings against infringement. Application for registration as registered user. Power to Registrar to vary or cancel registration as registered user. Registered user not to have right of assignment or transmission. Use of one of associated or substantially identical trade marks equivalent to use of another. Use of trade mark for export trade, and use when form of trade connection changes.
(ii)