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Trade and Merchandise Marks Act, 1958

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Introduction

Sections 478 to 489 of the Indian Penal Code, 1860 initially dealt with offenses related to documents and to Property Marks. The sections are repealed by Section 135 and Schedule of the Trade and Merchandise Marks Act, 1958 was introduced as a special act. Apart from the IPC, the Section 54 of the Specific Relief Act, 1877 grants protection and temporary injunctions for trade mark violations.

Objective

  • The Act was introduced so that a trade mark should identify a connection in the course of trade between a trader and his goods.
  • Trade marks help:
    • Protect business reputation and good will
    • Protect consumers from deception
    • Punishes infringers
    • Prevent unfair competition
  • This Act paved way for the introduction of the Trade and Merchandise Marks Rules, 1959.

Sections

  • The Act has 11 Chapters, 136 Sections and 1 Schedule.
  • Section 2 defines various terms such as Associated Trade Marks, Certification Trade Mark, Mark, Permitted Use, Trade Mark, Trade Description etc.
  • Section 46
  • Section 56

Related Cases / Recent Cases

  • Infosys Technologies Limited vs Jupiter Infosys Limited (2011) 1 SCC 125
  • Hardie Trading Ltd. & Anr. v. Addisons Paint & Chemicals Ltd. (2003) 11 SCC 92
  • The Royal Baking Powder Company v. Wright, Crossley, and Co. (1898) 15 RPC 677
  • M/s. Eagle Potteries Private Ltd. v. M/s. Eagle Flask Industries Pvt. Ltd. AIR 1993 Bombay 185
  • L. Chandrakumar v. Union of India & Ors. (1997) 3 SCC 261
  • Agha Hyder Hussain & Anr. v. Omar Khayyam Wineries (Pvt.) Ltd. & Anr. AIR 1977 Mad 166
  • Nestle's Products (India) Ltd. v. P. Thankaraja & Anr. AIR 1978 Mad 336
  • Kabushiki Kaisha Toshiba v. Tosiba Appliances Company & Ors. (2008) 10 SCC 766
  • Lever Brothers, Port Sunlight Ltd. v. Sunniwite Products Ltd. (1949) 66 RPC 84
  • The Ritz Hotel v. Charles of the Ritz (1989) RPC 333; Australian Wine Importers' Trade Mark (1889) 6 RPC 311
  • Motor Terms Company Pty. Limited. v. Liberty Insurance Ltd. (1967) 116 C.L.R.177