Sections 79-82 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Chapter X of the Trade Marks Act, 1999, headed "Special provisions for textile goods", contained sections 79 to 82. It is no longer law. It was omitted by Act 40 of 2010. This article explains what the chapter used to cover, so that older documents and commentaries make sense, and what governs a textile brand today. Everything in the "what it used to say" part is repealed law, not current law.
Chapter X (sections 79 to 82, special provisions for textile goods) stands omitted. The footnote in the annotated Act says it was omitted by Act 40 of 2010, section 7, with effect from 8 July 2013. The omitted sections dealt with classes of textile goods prescribed by the Central Government, restrictions on registering line headings and letters or numerals, marking of piece goods, cotton yarn and thread, and rules for sampling and measuring. Today a trade mark for cloth, garments or yarn is dealt with under the ordinary provisions of the Act, like any other goods.
What happened to Chapter X
The annotated text prints the chapter in a footnote that begins "Chapter X omitted by Act 40 of 2010, S. 7 (w.e.f. 8-7-2013). Prior to omission it read as:". The words that follow are the old text. The footnote gives the omitting Act and the date it took effect; it does not say more about why. This article does not guess at the reasons.
| Item | Position |
|---|---|
| Chapter | X, "Special provisions for textile goods" |
| Sections | 79, 80, 81, 82 |
| Status | Omitted |
| Omitting law | Act 40 of 2010, section 7 |
| Effective date (per the footnote) | 8 July 2013 |
If you are reading an old text of the Act, a textbook or a case that refers to "textile goods" under Chapter X, treat the references as historical.
What the omitted sections used to cover (repealed)
This is a short outline of the chapter as originally enacted in 1999. Nothing here should be relied on as current law.
| Old section | Subject in outline |
|---|---|
| 79, Textile goods | The Central Government could prescribe classes of goods (called "textile goods") to whose trade marks the chapter applied; subject to the chapter, the rest of the Act applied to those marks as to others |
| 80, Restriction on registration | For textile goods, no mark consisting of a line heading alone was registrable; a line heading was not deemed capable of distinguishing; registration gave no exclusive right to a line heading. Registration of letters or numerals, or combinations, was subject to prescribed conditions and restrictions |
| 81, Stamping of piece goods, cotton yarn and thread | Piece goods sold by length or by the piece, finished in factory premises, could not be removed for sale without a conspicuous mark of length and (except for export) the name of the manufacturer, occupier or wholesale purchaser; cotton yarn in bundles and cotton thread had to bear marks of weight, count or length and the name of the manufacturer or wholesale purchaser, with exemptions in rules for small family and society-run units |
| 82, Determination of character of textile goods by sampling | Central Government rules on sampling and testing, and provisions making the average of test results prima facie or conclusive evidence of number, quantity, measure, gauge or weight |
You will notice that most of the chapter was not about trade mark rights at all. Section 81 in particular was a product-marking requirement for piece goods and yarn. Its omission from the Trade Marks Act does not by this article's analysis say anything about whether other laws impose labelling requirements on textiles; the Trade Marks Act is silent on that, so check other applicable laws separately.
If you run a textile or garment business and are unsure which rules apply to your marks and labels, our legal consultation service can look at your position.
What applies to textile goods now
With Chapter X gone, the position as the text stands is simple: there is no special regime for textile goods in the Act. A mark for cloth, garments, yarn or thread is examined, registered, opposed, renewed and enforced under the general provisions. The ones most often relevant are:
- The registration requirements in section 9 and section 11, including on descriptive and non-distinctive marks.
- Section 10 on limitation as to colour, important for printed and dyed goods.
- The classification of goods under sections 7-8.
- The application route in section 18.
- Infringement and passing off under section 29 and the general law.
Letters, numerals and line-style headings that were singled out for textile goods under old section 80 are now judged, like any other mark, on whether they meet the ordinary tests. The Act no longer gives any special treatment to them for textiles. For fashion and clothing marks, our guide to trademarks for fashion and clothing brands covers the practical points.
How to read references to Chapter X elsewhere
If you find a reference to sections 79 to 82 or to "Chapter X" in an agreement, a notice or an old registration file, ask what it was meant to cover and whether that content has been replaced by anything. The Amendment Act of 2010 does not name any replacement.
Example. A cloth merchant's 2005 agreement with a mill says that "the trade mark shall be subject to the textile goods provisions of Chapter X". Chapter X was omitted by Act 40 of 2010, with effect from 8 July 2013 as the footnote states. A reader today should not look for those rules in the current Act. If the agreement was meant to refer to restrictions on line headings or to marking of piece goods, the parties should check whether anything else now governs, and consider updating the agreement.
Practical points
- Do not cite sections 79 to 82 as current law. They stand omitted.
- Check old documents for references to Chapter X and update them.
- Use the general provisions for textile marks: sections 9, 10, 11, 18 and 29.
- Separate marking and labelling duties from trade mark law; this Act is silent on current textile labelling requirements.
- Keep a date check. The footnote gives 8 July 2013 as the effective date of the omission; confirm it against the Gazette notification if the date matters to a dispute. The Amendment Act itself (section 7) only says that Chapter X "shall be omitted"; the date comes from the commencement notification.
Need help with a textile or garment brand?
Even though the textile chapter is gone, textile marks raise the usual questions: descriptive words, colours, classes and clashes with earlier brands. Our legal consultation team can review your marks, labels and old agreements and tell you which provisions apply.
Key takeaways
- Chapter X (sections 79 to 82) on textile goods stands omitted.
- The footnote says it was omitted by Act 40 of 2010, section 7, with effect from 8 July 2013.
- The old chapter covered prescribed classes of textile goods, restrictions on line headings and letters or numerals, marking of piece goods, cotton yarn and thread, and sampling rules.
- This is repealed law and not current.
- Textile goods marks are now governed by the ordinary provisions of the Act.
- The Trade Marks Act is silent on current textile labelling duties; check other laws.
Read next
- Sections 71-72: certification mark applications and the Registrar's consideration
- Sections 77-78: cancellation of certification marks and rights conferred
- Sections 83-100: the Appellate Board abolished and what replaced it
- Trademark for fashion and clothing brands
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.