Chapter XIII - Miscellaneous
Section 159
Section 159: Repeal and transitional savings
The 1999 Act repeals the 1958 Act while preserving specified existing instruments, applications, proceedings and uses through detailed transitional rules.
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Need advice on Section 159?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) The Trade and Merchandise Marks Act, 1958 (43 of 1958) is hereby repealed.
(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1987), with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.
(3) The provisions of this Act shall apply to any application for registration of a trade mark pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
(4) Subject to the provisions of section 100 and notwithstanding anything contained in any other provision of this Act, any legal proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act had not been passed.
(5) Notwithstanding anything contained in this Act, where a particular use of a registered trade mark is not an infringement of a trade mark registered before the commencement of this Act, then, the continued use of that mark shall not be an infringement under this Act.
(6) Notwithstanding anything contained in sub-section (2), the date of expiration of registration of a trade mark registered before the commencement of this Act shall be the date immediately after the period of seven years for which it was registered or renewed:
Provided that the registration of a defensive trade mark referred to in section 47 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall cease to have effect on the date immediately after the expiry of five years of such commencement or after the expiry of the period for which it was registered or renewed, whichever is earlier.
Rule and business relevance
Pending registration applications move under the new Act as described. Certain pending court proceedings and previously non-infringing continued uses have separate savings. Old registrations retain the specified seven-year expiry treatment, and defensive registrations had a special earlier-of expiry limit.
Limits and related provisions
These are historical transition rules, not a general statement that present registrations last seven years or that defensive registrations remain available. The consolidation also retains a reference to now-omitted section 100; assess the actual proceedings and later amendments.
Hypothetical business example
Hypothetical example: A long-running ownership dispute concerns a registration from before commencement. The adviser traces its original term, renewals and applicable savings instead of applying a modern filing assumption to every historical event.
Practical decision flow
Identify the pre-commencement instrument, application, proceeding or use.
Select the specific savings limb and relevant dates.
Check later renewals, amendments and the current legal position.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify the pre-commencement instrument, application, proceeding or use.
- Select the specific savings limb and relevant dates.
- Check later renewals, amendments and the current legal position.
Avoid
- These are historical transition rules, not a general statement that present registrations last seven years or that defensive registrations remain available. The consolidation also retains a reference to now-omitted section 100; assess the actual proceedings and later amendments.
Glossary
- Transitional savings
- Rules preserving specified legal effects across the change of Act.
- Defensive registration expiry
- The historical special expiry rule in the proviso to subsection (6).
Frequently asked questions
Does this mean new registrations last seven years?
No. That subsection addresses registrations predating commencement; current duration is addressed elsewhere.
Are all prior instruments automatically erased?
Subsection (2) preserves the stated instruments and acts if in force at commencement under corresponding provisions.
Does the section address pending applications?
Yes. Subsection (3) applies this Act to the described pending registration applications and consequent proceedings.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026