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. Trade marks act 1995 federal register of legislation. The trade marks act 1999 book pdf is free and available for everyone to download as a pdf. Revised legislation carried on this site may not be fully up to date.
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. Trademarks amendment act, 2010, pdf file that opens in new window. Section 201 in the trade marks act, 1999 1 when an application for registration of a trade mark has been accepted whether absolutely or subject to conditions or limitations, the registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any. Trademark infringement and remedies available to owner. 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. What is infringement of trademark infringement of trademarks as per section 29 of the trademarks act, 1999 is defined as a use of a mark, by an unauthorised or an authorised person or a person who is not the registered proprietor, which is identical or deceptively similar to the trademark in relation to the goods or services in respect of which. An act to repeal the trade marks act and make new provisions with respect to trade marks in place thereof and for connected purposes. The first decision on the protection of ip rights on the internet in what is known till date as a landmark judgment in cybersquatting, the delhi high court held that a domain name served the same function as a trademark and was therefore entitled to equal protection. Trade marks act 1994 is up to date with all changes known to be in force on or before 31 august 2019. Trade marks act 1995 table of provisions long title part 1preliminary 1. Section 111 in the trade marks act, 1999 1 save as provided in section 12, a trade mark shall not be registered if, because of a its identity with an earlier trade mark and similarity of goods or services covered by the trade mark. Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a wellknown trade mark. Though some aspects of the unregistered trade marks have been enacted into the 1999 act, but they are primarily governed by the common law rules based on the principles evolved out of the judgments of the. A trade mark may include shape of goods, their packaging and combination of colours.
Trade marks act 1999 indian bare acts india bare act. 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. Trade marks act 1994 is up to date with all changes known to be. September 1995 part iv of the patents and trade marks world trade organisation. 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. The trademark act, 1958 was thereafter repealed by the trademark act, 1999 which at present governs trademark law and practice in india.
Trade marks act ministry of justice government of jamaica. Full name, address, taxpayer registration number trn in the case where the person is resident in jamaica and postal code of the applicant trade marks number if you know it if the applicant is a corporate body, give the country or. Later in 1999, the trade and merchandise marks act was repealed and trademark act. Trade marks act 1994 is up to date with all changes known to be in force on or before 20. The trade marks act, 1999legislative department ministry of law. The present paper deals with the nature of the sending of notice by the registrar under section 25 of the trade marks act, 1999 enacted by the parliament of india. There are changes that may be brought into force at a future date. Whereas it is necessary and expedient to repeal the existing law and to reenact the same with amendments and to consolidate the laws relating to trade marks. Registration of parts of trade marks and of trade marks as a series. Penalty for applying false trade marks, trade descriptions, etc. Grounds for refusal of trademark registration part 1. Hence for a mark to be registered as a trademark under the trade marks act, 1999, it has to satisfy three requirements which include.
Duration, renewal, removal and restoration of registration falls in the periphery of the chapteriii titled procedure. Section 91 in the trade marks act, 1999 1 the trade marks. The trademark act, 1958 also consolidated the provisions associated with trademarks in the indian penal code, criminal procedure code and sea customs. Thereafter in the year 2010 the trademark act, 1999 was amended vide the trade marks amendment act, 2010. Sections 9 and 11 make it clear that the scheme of things under the trademarks act, 1999 is to allow for registration of only those marks that are sufficiently distinctive in nature. An act to repeal the existing law and to reenact the same with amendments and to consolidate the laws relating to trade marks. A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Full text containing the act, trade marks act, 1999, with all the sections, schedules, short title, enactment date, and footnotes. An act to make new provision for registered trade marks, implementing council directive no. Repeal of trade marks act 1994 part 2interpretation 6. The trademark act, 1999 was enacted with the intent to. Nothing in section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use. Registration of trade marks as associated trade marks. This version of this act contains provisions that are prospective.
The 1999 act was enacted to comply with the provisions of the tripsagreement on trade related aspects of intellectual property rights. Later in 1999, the trade and merchandise marks act was repealed and trademark act came into force. Concept of trade mark under the trade marks act 1999 and. 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.
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. Trade marks act, 1999 bare acts law library advocatekhoj. Trademarks ssrana intellectual property laws in india. 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. An act to repeal the trade marks act and to make new provision for the protection of registered trade marks and for connected matters. 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. Through the trademark amendment act, 2010, the legislature incorporated chapter vi in the act which embodies special provisions relating to protection of trademarks through international registration under the madrid protocol.
A trade mark shall be registered for a period of ten years from the date of registration and may be renewed in accordance with section 40. Concept of trade mark under the trade marks act 1999 and the. An act to repeal the trade marks act and to make new provision for the protection of registered trade marks and for. Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. In this article we have provided all the reference books, authors and topics and contents about the book the trade marks act 1999.
Indian trademark law statutorily protects trademarks as per the trademark act, 1999 and also under the common law remedy of passing off. Website content managed by legislative department, ministry of law and justice, government of india designed, developed and hosted by national informatics centre nic last updated. Trade marks act 1999revised jan 2014 form tm1, contd. It is hereby notified that the state president has assented to the following act, which is hereby published for general information.
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