Progressing Strides in Indian Trade Marks Law.The Indian trade marks TRADE MARKS. Signs, writings or tickets put upon manufactured goods, to distinguish them from others. 2. It seems at one time to have been thought that no man acquired a right in a particular mark or stamp. 2 Atk. 484. law and practice underwent radical transformation in the recent past. The Trade Marks Act, 1999 notified on September 15, 2003 brought in a variety of progressive changes. This note summarizes some of the important amendments introduced by the new law. Service Marks are Now Registrable in India Prior to the Trade Marks Act, 1999 service marks were not registrable in India. In the absence of service marks registration, a practice of filing service marks applications in Class 16 had evolved. Collective Marks are Recognized "Collective Marks" are recognized in the new law. A Collective Mark is defined as the one distinguishing the goods, or services of members of an association of persons from those of others. Well Known Marks Well-known marks find place in the new law. Well-known marks were recognized by the Indian Courts even prior to the amendment. To consider a mark as Well-Known the Registrar See domain name registrar. is no longer mandated to consider whether the Mark has been used in India, whether it has been registered or whether the application has been filed in India. It is neither necessary that the Mark be well known to the public at large in India. Shape of Goods and Packaging - the New Avenues of Registrability Shape of goods is included in the definition of 'mark' under the new law. The inclusion of 'packaging' in the definition of mark has expanded the scope of registrable marks. Colour Marks and Combination of Colours Combinations of colours find specific mention under the new law. This is yet another step forward in expanding the registrability criteria for trade marks. Trade Mark vis-a-vis Company Name A Company name, which violates the trademark rights of another is recognised as a ground for infringement under the new Act. Accordingly, Sections 20 and 22 of the Companies Act have been amended a·mend v. a·mend·ed, a·mend·ing, a·mends v.tr. 1. To change for the better; improve: amended the earlier proposal so as to make it more comprehensive. 2. to the effect that registration of a company, whose name is identical with or too nearly resembles a registered trade mark or a mark pending registration, would not be allowed. Further, if inadvertently a company has been incorporated with a name, which resembles a trade mark then on an application made by the proprietor proprietor n. the owner of anything, but particularly the owner of a business operated by that individual. PROPRIETOR. The owner. (q.v.) of the Mark, the name of the Company can be changed. This makes it imperative to conduct a company name search to secure the brand name against any unauthorised usage. Term of Registration & Renewal The term of Trade Mark registration has been increased from 7 years to 10 years under the new Act and the mark can be renewed from time to time by making the requisite application. Assignment Allowed without Goodwill As a landmark change, the 1999 Act permits a Trade Mark, whether registered or unregistered, to be assigned as·sign tr.v. as·signed, as·sign·ing, as·signs 1. To set apart for a particular purpose; designate: assigned a day for the inspection. 2. "in gross" - with or without goodwill. Suits concerning Infringements In a significant move, which is very material to overseas corporate entities having their offices in the metropolitan cities in India This is a list of cities in India - * indicates capital cities of states of India. A
2. from the earlier position where a suit could be instituted only where the defendant had its principal place of business or offices for gain or profits or where the infringing activities had taken place. Conclusion The backlog of approximately 5 lakhs unexamined applications has been brought down in a phased manner. The Registries have been modernized mod·ern·ize v. mo·dern·ized, mo·dern·iz·ing, mo·dern·iz·es v.tr. To make modern in appearance, style, or character; update. v.intr. To accept or adopt modern ways, ideas, or style. and search facility has been made available online at all the five Trade Mark Registries. In most cases the first office action is issued within 3-6 months' time. The time to reply to the office action is 1 month. Typically the Trade Marks Registry fixes Registry Fix is a term used by software developers who supply software that can fix (i.e. repair) the Registry of a Personal computer (PC). Need for registry fix a hearing concurrently with the issuance of the office action. Renewal of Trademarks is being done instantaneously in·stan·ta·ne·ous adj. 1. Occurring or completed without perceptible delay: Relief was instantaneous. 2. in straightforward cases. Overall these changes are indeed progressive The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances CIRCUMSTANCES, evidence. The particulars which accompany a fact. 2. The facts proved are either possible or impossible, ordinary and probable, or extraordinary and improbable, recent or ancient; they may have happened near us, or afar off; they are public or . Mrs Manisha Singh Nair LEX ORBIS 709/710, Tolstoy House 15-17, Tolstoy Marg New Delhi New Delhi (dĕl`ē), city (1991 pop. 294,149), capital of India and of Delhi state, N central India, on the right bank of the Yamuna River. 110 001 INDIA Tel: 01123716565 Extn: 104 E-mail: manisha@lexorbis.com (c) Mondaq Ltd, 2004 - Tel. +44 (0)20 7820 7733 - http://www.mondaq.com |
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