Legislation Trademark Law

Additional Details

The relevant Legislation Trademark Law in India now is Trade Marks Act, 1999, which came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed when the above said law came into force. The new Trademarks Act of 1999 is legislated in line with the WTO recommendations and is in conformity with the various TRIPS Agreements to which India is a signatory. As per the above said law, India also has joined the line developed countries in effectively protecting the intellectual property rights by providing a mechanism which ensures speedy justice through a simplified procedure. Main Features of the New Legislation in India

The following are the special features of 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
• Offenses relating to trademark made cognizable