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Key Features of Trademark Law in India

Tue, 08/31/2010 - 07:48 — LIG Reporter

 Trademark is a distinguished symbol or sign owned by a person or persons pertaining to their product or services. A trademark can be a word, symbol, phrase or object which a consumer uses to identify the product. A trademark should be registered under the trademark law in India so that it obtains maximum legal protection.  

The successful registration of a trademark by a person or a company entitles them to some exclusive rights, guaranteed under the trademark law in India. The types of trademarks that can be registered under the trademark law in India are, such as:
 
  • Product Trademarks
  • Service Trademarks
  • Collective Trademarks
  • Certification Trademarks

Trademark Law in India: Important Features 

 
The registration of trademarks in India is governed by the Trade Marks Act, 1999. The Act came into effect on September 15, 2003. It replaced the Trade and Merchandise Marks Act, 1958. Here are few salient features of the new trademark law in India:
 

  • The new legislation is governed by the Trade Marks Rules, 2002. 

  • The definition of trademark under the Act includes products as well as services, such as insurance, financial services, real estate and telecommunications. 

  • The definition of trademark under the Act does not provide for shape, color or packaging of a product.

  • The trademark law provides for ‘well-known trademarks’. However, a trademark can be established as a well-known trademark, only if it is known to a considerable number of people who use such a product or avail such a service.

  • A well-known trademark is provided enhanced protection as compared to trademarks in general, under the trademark law. 

  • Registrations of trademarks that are copy of well known trademarks are not allowed.

  • The new statute stipulates filing fee that is eight times higher than the earlier one.   

  • Trademark Law in India: Violation of Provision is a Cognizable Offence

Violation of any provision of trademark law in India is a cognizable offence. A police official, not below the post of Deputy Superintendent of Police, is authorized to conduct search and seize goods and other devices without warrant. However, the official is required to consult the Registrar of Trade Marks. An offender under the Act will be liable with a punishment of minimum imprisonment of six months and fine of Rs.50, 000 and maximum punishment of three years imprisonment and fine of Rs.2, 00,000.
 
image source: toppatentinfringementattorneys dot com
Final Legal Take Away Tip: As per the new trademark law in India, the term of registration of trademark is ten years. This period can be renewed beyond ten years on payment of the stipulated renewal fees.
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Fri, 10/29/2010 - 12:41 — Anonymous

I'm happy I live in the U.S.A they hurt you in the wallet first. That punishment seems to be harsh. How do they expect people to get back out and conduct business giving out more fines in the process if need be by placing them in Jail. 1st warning & Fine, 2nd warning with bigger fine 3rd warning fine and 6 months in jail. My take.

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