The Indian law of trademarks is enshrined the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory.

MAIN FEATURES OF NEW LEGISLATION IN INDIA

Under the new Trademarks Act of 1999:

• Registration of Service Marks allowed in addition to Trademarks for goods.

• No separate application necessary for each category/class  of goods or services; a single application would do, however filing fee will be charged separately for each class of goods/services.

• The term of registration of trademark is ten years, subject to renewal thereafter.

• The system of maintaining registration of trademark in Part A and Part B with different legal rights, dispensed away.

• Registration of  trademarks which are imitations of well known trademarks not permitted.

• Registration of Collective Marks owned by associations allowed.

• Offences relating to trademark made cognizable.

• Filing Fees enhanced by more than 8 times.

• Extension of application of convention countries.

ABOUT TRADEMARKS

A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolized by the name of a person, living or dead.

For the purpose of registration, a mark chosen should be capable of distinguishing goods or services of one person from those of the others. Further it should not be deceptively similar to an existing mark of another person and not the one expressly prohibited under the Act.

The marks devoid of any distinctive character, or which are only indicative of the kind, quality, quantity, purpose, value or geographical origin of the goods, or which are marks already in vogue in the trade due to their customary use may not be registered. But these disqualifications do not apply to marks, which have already acquired distinction due to their popularity and consistent use. Internationally acclaimed brand names are freely available for use in India.

COVERED UNDER TRADEMARKS

A trademark is a mark used in relation to goods or services so as to indicate a connection in the course of trade between the goods or services and some person having the right as proprietor to use the mark.

FUNCTIONS OF A TRADEMARK

Under modern business condition a trade mark performs four functions:

• It identifies the goods / or services and its origin.
• It guarantees its unchanged quality
• It advertises the goods/services
• It creates an image for the goods/ services.