Jan 17, 2018
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Power of central government to require goods to show indication of origin

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Power of central government to require goods to show indication of origin

Trade mark

Trade mark means

  • a mark capable of represented graphically and which is capable of distinguishing the goods or services of one person from choose of others and may include shape of goods, their packaging and combination of colors; and
  • in relation to a registered trade mark or mark used in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right as proprietor to use the mark, and in relation to other provisions of this Act, a mark used or proposed to be used in relation to goods or services for the purpose of indicating or so to indicate to a connection in the course of trade between the goods or services, as the case may be, and
  • some person having the right, either as proprietor or by way of permitted user, to use the mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark.

Power to require goods to show indication of origin 

1. The Central Government may require goods of specified class to show the indication of the country or place in which they produced within 3 months of such notification. Such goods can produced outside India or imported into India, or which are made on produced within the limits of India and imported into India, or, which are made on produced within the limits of India. The central government may use such power by issuing a notification in official Gazette.

2. The notification made by central government may specify the manner in which such indication shall applied. Whether to goods themselves or in any other manner. The times or occasions on which the presence of the indication shall necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both.

3. The application shall made to central government for issuing such notification by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or also users of, the goods concerned. The Central Government can also notify if convinced that its necessary in the public interest with or without such inquiry.

(4) The provisions of section 23 of the General Clause Act, 1870 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making which is subject to the conditions of previous publication.

(5) A notification under this section shall not apply to goods made or produced beyond the limits of India and imported into India.  If in respect of those goods, the Commissioner of Customs satisfied at the time of importation that they also intended for exportation whether after transshipment in or transit through India or otherwise.

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