TRADE MARKS ACT 1999 PDF
An Act to Repeal the Trade Marks Act and to make new provision for the protection of registered trade marks and for connected matters. [30th December, ] An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods. Trade Marks Act Form TM THE TRADE MARKS REGISTRY. Notice to Surrender a. Trade Marks Registry a Registered Mark. 4th Floor, PCJ Building.
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Home Actsofparliamentfromtheyear The Trade Marks Act, Attachment File : PDF icon Apdf. Act No.: Acts yearwise. Trademarks Act in the new elements, PDF file that opens in new window. To know how to open PDF file refer (17 KB). 4, TradeMarks. Note: The Acts and subordinate statutes translated into English herein shall not be construed .. With regard to the trademark right or rights concerning trademarks of a nonresident This Act shall enter into force on January 1, . (Proviso.
History[ edit ] The law of trademark in India before was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, Though some aspects of the unregistered trade marks have been enacted into the Act, but they are primarily governed by the common law rules based on the principles evolved out of the judgments of the Courts.
The intention is to simplify the whole trademark registration process and make it hassle-free and quick. Chemical used in industry, science, photography, agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesive used in industry Class 2.
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Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants; mordents; raw natural resins; metals in foil and powder form for painters; decorators; printers and artists Class 3.
Bleaching preparations and other substances for laundry use; cleaning; polishing; scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions, dentifrices Class 4.
Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels including motor spirit and illuminants; candles, wicks Class 5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides Class 6.
Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores Class 7.
Machines and machine tools; motors and engines except for land vehicles ; machine coupling and transmission components except for land vehicles ; agricultural implements other than hand-operated; incubators for eggs Class 8. Hand tools and implements hand-operated ; cutlery; side arms; razors Class 9.
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking supervision , life saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire extinguishing apparatus Class Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopaedic articles; suture materials Class Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying ventilating, water supply and sanitary purposes Class Vehicles; apparatus for locomotion by land, air or water Class Firearms; ammunition and projectiles; explosives; fire works Class Any person a natural or juristic person, such as a company, society or trust claiming to be the proprietor of a trade mark may own and use a trade mark and seek registration.
In case of a partnership firm or an unregistered charity, only the partners of the firm or members of the charity can own and register a trade mark. Yes, distinctiveness can be acquired by way of use. Use will help in establishing that a mark which is not distinctive per se has acquired a secondary meaning through use.
On average, registration takes three to four years. In cases where there are no objections or opposition, certificates are issued within six to seven months from the date of application. The cost of registration depends on several factors, including the law firm handling the matter.
The total cost for registration for a straightforward application in one class should not ordinarily exceed about USD 1, A trade mark may be registered in India by filing an application at the offices of the Trade Marks Registry in India. An international application under this protocol may therefore now designate India as one of the countries in which protection is sought. Yes, it is.
No, notarisation or legalisation is not mandatory. Indian law provides a prescribed form for claiming priority.
An application with a claim to priority must be filed in India within six months from the date of filing the basic priority application. Such an application should include a statement indicating the complete filing details of the basic priority application. A certified copy of the priority document should be filed along with the application within two months from the date of filing the Indian application.
If the priority document is not in English, it should be accompanied by a verified English translation. Yes, Collective and Certification marks are recognised in India.
Absolute Grounds for Refusal 3. The following are absolute grounds for refusal of registration: 1. The absolute grounds of refusal mentioned in question 3.
The evidence is usually in the form of an affidavit accompanied by supporting documents that clearly establish that the mark has been used continuously and uninterruptedly in India.
An appeal after any adverse decision of the Registrar may be filed before the Intellectual Property Appellate Board. The route of appeal is as follows: 1. Relative Grounds for Refusal 4. A trade mark may be refused registration on the grounds that it is identical or deceptively similar to a trade mark covered by a prior Indian application or registration in the same class, or that it is similar to a well-known trade mark. In the case that the rival marks and the goods to which they are applied are similar or identical, honest concurrent use may be a good defence.
Indian trademark law
The decision may be appealed in its entirety, or in part. Please see question 3. Opposition 5. A trade mark application can be opposed on relative as well as absolute grounds of refusal.
Any person who is likely to be affected by the grant of registration of the impugned mark may oppose the registration of a trade mark. The opponents are required to file a Notice of Opposition, detailing the grounds on which the impugned mark is being opposed, within a period of four months from the date on which the mark in question is advertised in the Trade Marks Journal.
The Notice of Opposition is then served on the applicants by the Registrar. Within a deadline of two months from the date of receiving the Notice of Opposition, the applicants are required to file a Counter Statement. Failure to file a Counter Statement will result in abandonment of the application. The Counter Statement is then served on the opponents by the Registrar.
Within a deadline of two months from the date of receiving the Counter Statement, the opponents are required to file their evidence in support of the opposition at the Registry and also forward a copy thereof to the applicants.
In the case that the opponents do not file their evidence within time, or do not inform the applicant and the Registrar that they do not wish to file evidence but wish to rely on the facts stated in the notice of opposition, the opposition is deemed to have been abandoned.
Within a deadline of two months from the date of receiving the evidence in support of the opposition, the applicants are required to file their evidence in support of the application and also forward a copy thereof to the opponents.
In case the applicants do not file evidence within time, or do not inform the opponents and the Registrar that they do not wish to file evidence but wish to rely on the facts stated in the Counter Statement, the application is deemed to have been abandoned.
Within a deadline of one month from the date of receiving the evidence in support of the application, the opponents are required to file evidence in reply and also forward a copy thereof to the applicants. Thereafter, the Registrar will appoint a hearing on merits and pass appropriate orders.
To understand the legal meaning of infringement it is imperative to understand essential keywords as defined in section 29 along with its judicial interpretations if any. The construe the use of a trademark as its infringement certain statutory conditions have to be met.
So general conditions laid down in section 29 1 , 29 2 and 29 3 are:. In addition to these general conditions, specific conditions are laid down in each subsection of section 29 1 , 29 2 and 29 4 of the Act to cover diverse scenario when infringement of a registered trademark is said to be caused. Section 29 1 of the Act lays down following additional conditions. All of the above additional conditions must be satisfied to constitute infringement.
To clarify further, even if one of the above conditions is not met then it will not constitute the infringement of a registered trademark. Similarly section 29 2 of the Act covers such cases of infringement when the use of mark which is likely to cause confusion on the part of public or which is likely to have an association with the registered trademark due to.
How to register Trademark for your brand in India?
In nutshell, it can be stated that even one of the above conditions is met then the suit of infringement of registered trademark under the plea of the prevalence of confusion in the mind of the public as to the association of goods or services provided under impugned mark to those of registered trademark.
So, people who are planning to start a business or a trade have to be extra careful while devising their trademark and shall keep themselves informed about the existence of similar or identical registered trademark.
For any query, he can be reached at kislay kps. Post Views: Trademark Registration Click here to learn more.
Foshan City, Guangzhou Website: April 17, April 8, E-filing of a trademark application is a new service provided by the trademark office. Furniture, mirrors, picture frames; goods not included in other classes of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother- of-pearl, meerschaum and substitutes for all these materials, or of plastics Class In case of an adverse action, the Registrar will issue a Speaking Order, which is appealable before the Intellectual Property Appellate Board.
Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; materials for stopping teeth, dental wax; disinfectants; preparation for destroying vermin; fungicides, herbicides Class 6. So general conditions laid down in section 29 1 , 29 2 and 29 3 are:. Application for a Trade Mark 2.
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings non-textile Class
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