Chapter XVI AMENDMENTS TO THE TRADE MARKS ACT, 1999

In the Trade Marks Act, 1999,---

1. (a) in section 2, in sub-section (1),---
   • (i) clauses (a), (d), (f), (k), (n), (ze) and (zf) shall be omitted;
   • (ii) for clause (s), the following clause shall be substituted, namely:--- '(s) "prescribed means",---
   • (i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
   • (ii) in other cases, prescribed by rules made under this Act;';
2. (b) in section 10, for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
3. (c) in section 26, for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
4. (d) in section 46, in sub-section (3), for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
5. (e) in section 47,---
   • (i) for the words "Appellate Board", at both the places where they occur, the words "High Court" shall be substituted;
   • (ii) for the word "tribunal", wherever it occurs, the words "Registrar or the High Court, as the case may be", shall be substituted;
6. (f) in section 55, in sub-section (1), for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
7. (g) in section 57,---
   • (i) for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
   • (ii) for the word "tribunal", wherever it occurs, the words "Registrar or the High Court, as the case may be", shall be substituted;
8. (h) in section 71, in sub-section (3), for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
   • (i) in Chapter XI, for the Chapter heading, the Chapter heading "APPEALS" shall be substituted;
9. (j) sections 83, 84, 85, 86, 87, 88, 89, 89A and 90 shall be omitted;
10. (k) in section 91, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
11. (l) sections 92 and 93 shall be omitted;
12. (m) for section 94, the following section shall be substituted, namely:--- "94. Bar to appear before Registrar.--- On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.";
13. (n) sections 95 and 96 shall be omitted;
14. (o) in section 97, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
15. (p) in section 98, for the words "Appellate Board" or "Board", wherever they occur, the words "High Court" shall be substituted;
16. (q) sections 99 and 100 shall be omitted;
17. (r) in section 113,---
    • (i) for the words "Appellate Board", at both the places where they occur, the words "High Court" shall be substituted;
    • (ii) for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
18. (s) in section 123, the words "and every Member of the Appellate Board" shall be omitted;
19. (t) in sections 124 and 125, for the words "Appellate Board", wherever they occur, the words "High Court" shall be substituted;
20. (u) in section 130, the words "the Appellate Board or" shall be omitted;
    • (v) in section 141, for the words "Appellate Board", at both the places where they occur, the words "High Court" shall be substituted;
21. (w) in section 144, for the word "tribunal", the words "Registrar or the High Court, as the case may be", shall be substituted;
    • (x) in section 157, in sub-section (2),---
    • (i) clauses (xxxi) and (xxxii) shall be omitted;
    • (ii) in clause (xxxiii), for the words "Appellate Board", the words "High Court" shall be substituted.