Overview of tm act 1999 the indian trademark act has repealed. The duration of the statutory protection available to a design has thus been enlarged by virtue of its inclusion in the definition of trade mark under the 1999 act. The main features of the amendments are as follows. The registration of descriptive trademarks is prohibited under section 91b of the trade marks act, 1999.
The trade marks registry was established in india in 1940 and presently it administers the trade marks act, 1999 and the rules thereunder. Pdf passing off and infringement of trademarks india. The trademarks act, 1999, is the statute that lays down the laws for trademarks in india. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics.
Trademark act, 1999 a trademark is a kind of intellectual property, and typically a name, word, phrase, logo, image, symbol, design, or a combination of these elements, which discriminate services or goods of one person or enterprise from those of another. Notwithstanding anything contained in the registration act, 1908 16 of 1908, no document declaring or purporting to declare the ownership or title of a person to a trade mark other than a registered trade mark shall be. A trademark can be a text word, logo, symbol unnamed, design threedimensional, color, sound, or a unique combination of the above elements, that identifies and distinguishes the origin of a product and differentiates it from. Indian trademark law indian trademark law provides protection to trademarks statutorily under the trademark act, 1999 and also under the. December, 1999 an act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. A trademark is a distinctive sign or an indicator used by an individual or an organization and is applied to the articles of commerce so as to identify the products of one trader from those of another. Introduction a trademark is a mark used in relation to goods for the purpose of indicating a connection between the goods and some person having the right as proprietor to use the mark.
Section 27 2 states that the rights of action against any person for passing off as the. Declaration as to ownership of trade mark not registrable under the registration act, 1908. Trade marks applications and appeals to the intellectual property appellate board rules 2003trade marks removal of difficulties order 2004intellectual property appellate board procedure rules 2003. Trade marks act, 1999 bare acts law library advocatekhoj. India amended its patents act again in 2002 to meet the second set of. Trademark act, 1999 patents, designs and are protected only for a limited period.
The new indian trademark act altacit global attorneys at law. The trademarks act, 1999 by saurabh gupta snehil dixit manish. Statutory protection of trademark is administered by the controller general of patents, designs and trade marks, a government agency which reports to the department of industrial policy and promotion dipp, under the ministry of commerce and industry. By royal command of his majesty king bhumibol adulyadej it is hereby proclaimed that. The use of the symbol, while not required by trademark law, can serve many useful purposes for a trademark owner. Prior to the 1999 act, the shape of goods could have been protected as a design only under the provisions of the designs act 1911 if it was new or original.
Introduction a trademark is a mark used in relation to goods for the purpose of indicating a connection between the goods and some person having the right as proprietor to. Trade mark classes o there are totally 45 classes listed in fourth schedule of the trademarks act. The trademarks act, 1999 by saurabh gupta snehil dixit manish chaudhery pushpit singhla 2. Power of central government to remove difficulties 157. This series covers the details with regard to trademark act acha lage tho duaan mein yaad rakhna get in touch with me 9831029895. Generally, an ebook can be downloaded in five minutes or less.
King bhumibol adulyadej given on the 28th day of october b. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. It acts as a resource and information centre and is a facilitator in matters relating to trade marks in the country. A trademark or trade mark is a distinctive sign orindicator of some kind which is used by an individual,business organization or other legal entity to uniquelyidentify the source of its products andor services toconsumers, and to distinguish its products or servicesfrom those of other entitiesa trademark is a device which can take almost. The trade mark rules, 2002 are passed under the trade marks act, 1999. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. An act to amend the trademark act of 1946 relating to dilution of famous marks, and for other purposes. Its a distinctive mark design its a symbol its a word its a sound its a colour its a slogan its a combination of any of the above which will help the common people to distinguish the products and services of one company from another company. It is hereby notified that the state president has assented to the following act, which is hereby published for general information. All about geographical indications of goods act, 1999 by. On the other hand, in general, a registered trade mark can be protected perpetuity subject only to the following conditions. Trademark 101 what you need to know about trademark. This act is administered by the ministry of business, innovation, and employment.
Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. Procedure for registration the procedure for registration of trade marks is contained in sec. It is used and renewed periodically and the registered proprietor takes prompt action against infringers. It was in 1999 that india complied with the obligation imposed by the trips agreement to enact the law on geographical indications of property registration and protection of 1999. This act was published in the gazette of india, on friday, march 26, 1999. Amendments an act to amend and consolidate the law relating to trade marks, to provide for.
Basic definitions under trademark act, 1999 youtube. In this video, we will discuss the most important definitions contained in the interpretation clause of the trade marks act, 1999. The respondent registered trademark owner submitted that even though the impugned mark was descriptive at the time of adoption, it had successfully overcome the objection under section 9, and therefore the test now was whether the mark. Trademarks are registered under the trademark act, 1999 and provide the trademark owner the right to sue for damages when infringements of. And the trade marks act, 1999 has been brought into force only on 15th september 2003. An act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. Preliminary advice and search before or after applying for registration he may also request for the registrars opinion as to the distinctivecharacter of the mark. R a d t k r agenda what is trademark trade marks act, 1999 functions types of trademark trademark registration trademark infringement what is a trademark.
Trademarks act 1940 was replaced by trade and merchandise act,1958. Trade marks act 2002 no 49 as at january 2020, public. The salient features of the indian trademarks act, 1999 with the trade marks act, 1999, being brought into force on september15, 2003, india has made a step towards fulfilling its international obligations. Notice of trademarkservice mark the symbol the symbol is used by trademark owners before they obtain a federal registration for their trademark.
Indian trademark law statutorily protects trademarks as per the trademark act, 1999 and also under the common law remedy of passing off. It is referred to in section 27 2, 4 1c and 5 of the act. Difference between unregistered and registered trademark. This act seeks to provide for registration and better protection of property gis relating to goods. Download as pptx, pdf, txt or read online from scribd.