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Copyright
and trademark laws
A Trademark is a visual symbol in the form of a word, a name, a
device, a symbol, or a label which identifies a merchant's or
manufacturer's goods or services, and distinguishes them from
others.
The Trade Marks Act, 1999 was enforced on September 15, 2003 and
now governs the Trademark Law in India. The old Trade &
Merchandise Marks Act, 1958 was amended and the new Trade Marks
Act, 1999 was implemented to provide for registration of service
marks and to introduce various other provisions in conformity with
the Trade Mark Law in developed countries.
The biggest achievement of the Indian Trademark Office has been to
reduce the time frame for Registration of a trademark. The time
frame for Registration of Trade Marks has been reduced
significantly to about 10 to 14 months, assuming a smooth
registration.
SALIENT FEATURES
OF THE TRADE MARK ACT:
REGISTRATION
A Trademark shall be registered, as of the date of making the
application for registration of that trademark.
RIGHTS
Registration of a trade mark confers the following rights on the
registered proprietor
The exclusive right to use the trade mark in relation to the goods
or services in respect of which the mark is registered.
The right to obtain relief in respect of infringement of the
trademark.
CLASSES
At present, all the goods or services are divided into 34 classes
for the purpose of registration.
DURATION AND RENEWAL
Registration is valid for a period of 10 years and may be renewed
thereafter from time to time.
ASSIGNMENT
A Trademark is assignable and transmissible, whether with or
without the goodwill of the business concerned and in respect of
any or all the goods or services in respect of which it is
registered.
REGISTERED USER
A person may be registered as a registered user of a trademark, by
making an application to the Registrar jointly with the registered
proprietor of the trademark.
NEW TRADE MARK LAW IN INDIA
The new Trademark Act has been passed by the Government of India
and has come into effect from September 15, 2003.
To comply with its WTO obligations, India has introduced several
reforms by way of amendments to its existing Trademark Law. The
new Trademark Law also incorporates some provisions, not existing
in the old Act.
SALIENT FEATURES OF NEW TRADE MARK LAW IN INDIA
1. Introduction of provision for registration of service
marks.
2. Amplification of definition of trade mark to include
registration of a shape of goods, packaging and combination of
colors.
3. All 42 international classification of goods and services (as
earlier used) now applicable to India as well.
4. Recognition of the concept of "WELL - KNOWN trademarks".
5. Creation of an "Intellectual property Appellate Board" for
hearing appeals against orders and decisions of the Registrar of
Trade Marks for speedy disposal of cases.
6. Increase in period of Renewal and Registration of Trade Mark
from 7 to 10 years, to make it in conformity with the accepted
international practice.
7. Widening the scope of infringement of trade mark. For instance,
use of a registered trade mark as trade name or as a part of a
trade name or use of a mark which is identical or deceptively
similar to a registered trade mark.
8. Criminal remedies in case of falsification of trade marks.
9. Recognition of use of trademark by even an unregistered
licensee.
10. Expeditious Examination of a Trademark application on payment
on five times the application Fee.
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RAKESH
PRABHAKAR & COMPANY
ADVOCATE AND SOLICITORS
321, LAWYER CHAMBERS , WESTERN WING ,TIS HAZARI COURTS , DELHI –
110054
Ph : +91 - 11- 23925815 , 32429638 , Fax : +91 - 11-
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E-mail :
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