Subsection 3 of section 25 of the trade marks act 1999, provides for such a situation. Trade marks act, 1999 table of contents preamble chapters chapter 1 preliminary section 1 short title, extent and commencement section 2 definitions and interpretation chapter 2 the register and conditions for registration section 3 appointment of registrar and other officers section 4 power of registrar to withdraw or transfer cases, etc. The registrar indeed is vested with a remarkable range of. The trademark act, 1958 also consolidated the provisions associated with trademarks in the indian penal code, criminal procedure code and sea customs. The income tax department never asks for your pin numbers, passwords or similar access information for credit cards, banks or other financial accounts through email the income tax department appeals to taxpayers not to respond to such emails and not to share information relating to their credit card, bank and other financial accounts. The trademarks act, 1999 by saurabh gupta snehil dixit manish chaudhery pushpit singhla 2. It is hereby notified that the state president has assented to the following act, which is hereby published for general information. Concept of trade mark under the trade marks act 1999 and. Registrar of trademarks is defined in the section 3 of the trade marks act, 1999. 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.
Concept of trade mark under the trade marks act 1999 and the. The trademark act, 1999 recognises infringement of trademarks as a cognizable offence i. Penalty for applying false trade marks, trade descriptions, etc. Trademarks ssrana intellectual property laws in india. The trade marks act 1940 introduced for the first time to address the issues relating to the registration and statutory protection of trade marks in india. An act to make new provision for registered trade marks, implementing council directive no. 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. Apr 15, 2019 the trade marks act 1999 book pdf is free and available for everyone to download as a pdf. Be it enacted by parliament in the fiftieth year of the republic of india as follows.
In these posts, eashan systematically analyses the contours of sections 291 and 292 of trademarks act, 1999. In this article we have provided all the reference books, authors and topics and contents about the book the trade marks act 1999. The trademark act, 1999 inter alia aims at providing for the registration of service trademarks and collective trademarks, enhanced protection to marks categorized as well known marks, the constitution of intellectual property appellate board ipab for speedy. It provides that at the prescribed time before the expiration of the last registration of a trademark the registrar shall send a notice in the prescribed manner to the registered proprietor of the date of expiration and the conditions as to the payment of. It should be a mark it should be capable of being represented graphically. It is quite an interesting read as it entails both logic and coherence. On the other hand, in general, a registered trade mark can be protected perpetuity subject only to the following conditions. A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Subject to the other provisions of this act, the registration of a trade mark shall, if valid, give to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods or services in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by this act. Section 25 of the trade marks act, 1999 legal service india. Replying to the trademark examination report ipleaders. Trademark classes, trademark class, trademark classification.
Trademark act, 1999 patents, designs and are protected only for a limited period. The registrar of trade marks is the authority who is accountable for the registration of trademarks, along with the responsibility of settling opposition proceedings and rectification of the register. 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. Download the book the trade marks act 1999 book pdf in legislative department websites and in other web portals. Trademark classification is classified into classes in almost all. Download as pptx, pdf, txt or read online from scribd. In this article, deepshikha sarkar discusses replying to the trademark examination report. The complaining party can either file a criminal complaint. There are several categories of trademark and they are classified into several classes.
This act was in force until 1958, when trade and merchandise marks act was passed. The trademark act, 1999 inter alia aims at providing for the registration of service trademarks and collective trademarks, enhanced protection to marks categorized as well known marks, the constitution of intellectual property appellate board ipab for speedy disposal of appeals and rectification applications. Procedure for registration the procedure for registration of trade marks is contained in sec. The trade marks act, 1999 has been formulated to act as a powerful tool in the hands of trade mark owners and users and to protect their interests and the interests of the general public against the detrimental use of their trademarks. The trade marks act, 1999legislative department ministry. Trademark attorneys of hubtown solaris, 121, first floor, n s phadke marg, opp teli galli, andheri e, mumbai 400 069 maharashtra, india to act as our agents for the purpose of registration of trademarks under the provisions of the trade mark act, 1999 or any amendment or reenactment thereof and to. The trademark act, 1999 was enacted with the intent to. Eashan was in the news when the delhi high court boldly admitted inadvertent plagiarism of his coauthored article in queen mary journal of intellectual.
Home actsofparliamentfromtheyear the trade marks act, 1999. Whenever a trademark is said to be infringed, both civil and criminal action can be brought about. This act was repealed and the present law is governed by the trade marks act 1999. Hence for a mark to be registered as a trademark under the trade marks act, 1999, it has to satisfy three requirements which include. The trademark act, 1999 was enacted with the intent to revise the act in congruity with latest developments witnessed in trading and commercial practices, rapid globalization and for harmonization with. Registration of parts of trade marks and of trade marks as a series. The trademark act, 1958 was thereafter repealed by the trademark act, 1999 which at present governs trademark law and practice in india. Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. It is used and renewed periodically and the registered proprietor takes prompt action against infringers.
Website content managed by legislative department, ministry of law and justice, government. It is 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. However, it has not yet come into force since the rules to be framed thereunder have not yet been published, and the appellate board it contemplates has also not yet been constituted. The new indian trademark act altacit global attorneys at law. Registration of trade marks as associated trade 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.
The american inventors protection act was enacted november 29, 1999, as public law 1061 and amended by the intellectual property and high technology technical amendments act of 2002 public law 107273 enacted november 2, 2002. 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. The trade marks act 1999 was passed by both the houses of parliament and received the assent of the president of india on january 3 2000. Search report after an application for trademark registration is made, it is analyzed by trademark examiners. 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. Website content managed by legislative department, ministry of law and.
Trade marks act, 1999 bare acts law library advocatekhoj. Hence for a mark to be registered as a trademark under the trade marks act, 1999, it has to satisfy thr. This is done within a period of six months to one year from the date of filing. Trademark act, 1999 the government enacted the indian merchandise marks act, 1889 and with development and changes, on 25th november 1958 the trade and merchandise marks act came into force. Trademark act of 1946, as amended public law 79489, chapter 540, approved july 5, 1946. 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. Trademark classification is popularly known as classification of services and goods. Later in 1999, the trade and merchandise marks act was repealed and trademark act came into force. In assessing damages under subsection a of this section, the court shall, unless the court finds extenuating circumstances, enter judgment for three times such profits or damages, whichever is greater, together with a reasonable attorneys fee, in the case. Trade marks act 1999 in india bare acts, banking and insurance, business and corporate, constitutional, consumer laws, criminal law, energy, environmental, family and inheritance, heritage and national importance, immigration law, labor law, trade marks act 1999 national security, others, procedural and administration, property related, public utilities, shipping laws, tax laws.
Grounds for refusal of trademark registration part 1. Indian trademark law statutorily protects trademarks as per the trademark act, 1999 and also under the common law remedy of passing off. Whereas it is necessary and expedient to repeal the existing law and to reenact the same. It is an orderly arrangement of documents according to the type and the description the goods and services. A trademark, which has been defined in section 2 1 zb of the 1999 act has been described as a symbol, a.
732 891 1025 1035 1598 1188 1130 1603 941 1116 1361 834 610 696 1397 1185 569 1549 85 732 282 809 1382 589 680 752 747 1247 17 1375 220 1160 119 1079 570 579 1017 1499 315 253 1403 684