Intellectual
Property Rights
Trade
Marks Act, 1999
CHAPTER X: SPECIAL PROVISIONS FOR TEXTILE GOODS
79. Textile goods
The Central
Government may prescribe classes of goods (in this Chapter referred to
as textile goods) to the trade marks used in relation to which the provisions
of this chapter shall apply; and subject to the said provisions, the other
provisions of this Act shall apply to such trade marks as they apply to
trade marks used in relation to other classes of goods.
80. Restriction on registration of textile goods
(1) In
respect of textile goods being piece goods-
(a) no
mark consisting of a line heading alone shall be registrable as a trade
mark;
(b) a
line heading shall not be deemed to be capable of distinguishing;
(c) the
registration of trade mark shall not give any exclusive right to the use
of a line heading.
(2) In
respect of any textile goods, the registration of letters or numerals,
or any combination thereof, shall be subject to such conditions and restrictions
as may be prescribed.
81. Stamping of piece goods, cotton yam and thread
(1) Piece
goods, such as are ordinarily sold by length or by the piece, which have
been manufactured, bleached, dyed, printed or finished in premises which
are a factory, as defined in the Factories Act, 1948, shall not be removed
for sale from the last of such premises in which they underwent any of
the said processes without having conspicuously stamped in international
form of Indian numerals on each piece the length thereof in standard yards,
or in standard yards and a fraction of such a yard, or in standard metres
or in standard metres and a fraction of such a metre, according to the
real length of the piece, and, except when the goods are sold from the
factory for export from India, without being conspicuously marked on each
piece with the name of the manufacturer or of the occupier of the premises
in which the piece was finally processed or of the wholesale purchaser
in India of the piece.
(2) Cotton
yarn such as is ordinarily sold in bundles, and cotton thread, namely,
sewing, darning, crochet or handicraft thread, which, have been manufactured,
bleached, dyed or finished in any premises not exempted by the rules made
under section 82 shall not be removed for sale from those premises unless,
in accordance with the said rules in the case of yarn-
(a) the
bundles are conspicuously marked with an indication of the weight of yarn
in English or the metric system in each bundles; and
(b) the
count of the yarn contained in the bundles and in the case of thread each
unit is conspicuously marked with the length or weight of thread in the
unit and in such other manner as may be required by the said rules; and
(c) except
where the goods are sold from the premises for export from India, unless
each bundle or unit is conspicuously marked with the name of the manufacturer
or of the wholesale purchaser in India of the goods:
PROVIDED
that the rules made under section 82 shall exempt all premises where the
work is done by members of one family with or without the assistance of
not more than ten other employees, and all premises controlled by a co-operative
society where not more than twenty workers are employed in the premises.
82. Determination of character of textile goods by sampling
(1) For
the purposes of this Act, the Central Government may make rules-
(a) to
provide, with respect to any goods which purport or are alleged to be
of uniform number, quantity, measure, gauge or weight, for the number
of samples to be selected and tested and for the selection of the samples;
(b) to
provide, for the manner in which for the purposes of section 81 cotton
yarn and cotton thread shall be marked with the particulars required by
that section, and for the exemption of certain premises used for the manufacture,
bleaching, dying or finishing of cotton yarn or cotton thread from the
provisions of, that section; and
(c) declaring
what classes of goods are included in the expression "piece goods
such as are ordinarily sold by length or by the piece" for the purpose
of section 81, of this Act or clause (n) of sub-section (2) of section
11 of the Customs Act, 1962.
(2) With
respect to any goods for the selection and testing of samples of which
provision is not made in any rules for the time being in force under sub-section
(1), the court of officer of customs, as the case may be, having occasion
to ascertain the number, quantity, measure, gauge or weight of the goods,
shall, by order in writing, determine the number of samples to be selected
and tested and the manner in which the samples are to be selected.
(3) The
average of the results of the testing in pursuance of rules under sub-section
(1) or of an order under sub-section (2) shall be prima facie evidence
of the number, quantity, measure, gauge or weight, as the case may be,
of the goods.
(4) If
a person having any claim to, or in relation to, any goods of which samples
have been selected and tested in pursuance of rules under sub-section
(1), or of an order under sub-section (2), desires that any further samples
of the goods be selected and tested, such further samples shall, on his
written application and on the payment in advance by him to the court
or Officer of customs, as the case may be, of such sums for defraying
the cost of the further selection and testing as the court or officer
may from time to time require, be selected and tested to such extent as
may be permitted by rules made by the Central Government in this behalf
or as, in the case of goods with respect to which provision is not made
in such rules, the court or officer of customs may determine in the circumstances
to be reasonable, the samples being selected in the manner prescribed
under sub-section (1), or in sub-section (2), as the case may be.
(5) The
average of the results of the testing referred to in sub-section (3) and
of the further testing under sub-section (4) shall be conclusive proof
of the number, quantity, measure, gauge or weight, as the case may be,
of the goods.
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