Legislation (Indian Trademark Law)
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 The old Trade and Merchandise Marks Act, 1958 was repealed at the same time.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.
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.
- Foreign Companies Registering Trademark in India
- Foreign or American companies or individuals can register their trademark in India.
In addition to the registering of their trademark in India, foreign businesses need to adopt other strategies for protecting their trademarks in India.
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