CUS NTF NO. 01/1964 DATE 18/01/1964

Prohibiting import of counterfeit trademark goods
GSR 87- In exercise of the powers conferred by section 11 of the Customs Act, 1962 ( 52 of 1962) and in suppression of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 41- Cus., dated the 1st February, 1963, the Central Government, being satisfied that it is necessary in the public interest so to do, for the purposes specified in sub-section (2) of that section, hereby prohibits the import of the following goods, namely:-

(i) Counterfeit coin or coin made under the Native Coinage Act, 1876, or Indian Coin, which is not of the established standard in weight or fitness:

(ii) any obscene book, pamphlet, paper, drawing, painting, representation, figure or article:

(iii) Omitted

(iv) Omitted

[OLD(iii) goods having applied thereto a false trade-mark within the meaning of Section 77 of the Trade and Merchandise Marks Act, 1958;

(iv) goods having applied there to a false trade description within the meaning of clause (f) of sub section (1) of section 2 of the Trade and Merchandise Marks Act, 1938, otherwise than in relation to any of the matters specified in sub clauses (ii) and (iii) of clause (u) of that sub-section;]

(v) Omitted

(vi) Omitted

(Clauses (v) and (vi) has been omitted vide Cus Ntf No.61/2000(NT) date 10/10/2000)

[OLD(v) goods made or produced beyond the limits of India and having applied thereto any name or trade mark being or purporting to be the name or trade mark of any person who is manufacturer, dealer or trader in India unless-

a. The name of trade mark is, as to every application thereof, accompanied by a definite indication of the goods having been made or produced in a place beyond the limits of India, and

b. The country in which that place is situated is in that indication indicated in letters as large and conspicuous as any letter in the name of trade mark and in the English language:

(vi) piece goods manufactured outside India, such as are ordinarily sold by length or by the piece, if each piece has not been conspicuously marked-

a. with the name of the manufacturer, exporter, or whole-sale purchaser in India, of the goods, and

b. with the real length of the piece in standard yards or standard meters inscribed in the international form of numerals;]

(vii) Omitted

[OLD (vii) goods made or produced beyond the limits of India and intended or sale, and having applied thereto; a design in which copyright exists under the Indian Patents and Designs Act, 1911, in respect of the class to which the goods belong or any fraudulent or obvious Imitation of such design except when the application of such design has been made with the license or written consent of the registered proprietor of the design;]

(viii) goods which are required by a notification under section 139 of the Trade Marks Act,1999 [OLDsection 117 of the Trade and Merchandise Marks Act, 1958], to have applied to them an indication of the country or place in which they were made or produced or the name and address of the manufacturer or the person for whom the goods were manufactured unless such goods show such indication applied in the manner specified in the notification;.

(ix) cotton yarn manufactured outside India, such as is ordinarily imported in bundles, if each bundle containing such yarn has not been conspicuously marked-

a. with the name of the manufacturer /exporter, or whole-sale purchaser in India, of the goods, and

b. with an indication of the weight and the count of the yarn contained in it, accordance with the rules made under section 82 of the Trade Marks Act,1999 [OLDsection 75 of the Trade and Merchandise Marks Act, 1958].

(x) cotton sewing, darning crochet or handicraft thread manufactured outside India, if each of the units in which the thread is supplied has not been conspicuously marked-

a. with the name of the manufacturer, exporter, or whole-sale purchase in India, of the goods, and

b. with the length or weight of the thread contained in it and in such other manner as is required by the rules made under section 82 of the Trade Marks Act,1999 [OLDsection 75 of the Trade and Merchandise Marks Act, 1958]

(clauses (iii),(iv) and (vii) has been omitted & clauses (viii),(ix) and (x) has been substituted vide CUS NTF NO. 48/2007 (NT) DATE 08/05/2007)

(No.1 Cus/F.No.4/10.63Cus.VIII)

S.VENKATESAN
Dy.Secretary

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