Trademarks Law in India
Sure! Here’s a concise overview of Trademark Law in India:
Trademark Law in India
India’s trademark law is primarily governed by the Trade Marks Act, 1999, which replaced the earlier 1958 Act and aligns with international standards such as the TRIPS Agreement.
Key Features:
1. What is a Trademark?
A trademark is a mark capable of distinguishing goods or services of one person from those of others.
It includes logos, words, letters, numerals, shapes, colors, and even sounds or holograms.
2. Registration Authority
Trademarks are registered with the Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM), under the Ministry of Commerce.
India has several trademark offices located in major cities like Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad.
3. Registration Process
Application is filed specifying the class of goods or services according to the Nice Classification.
The process involves:
Examination of the application
Publication in the Trade Marks Journal
Opportunity for opposition by third parties within 4 months
If no opposition, registration is granted.
The registration is valid for 10 years and can be renewed indefinitely.
4. Types of Trademarks
Ordinary trademark
Certification trademark (certifies quality, origin, etc.)
Collective trademark (used by members of an association)
5. Distinctiveness and Grounds for Refusal
Trademarks must be distinctive and not generic or descriptive.
Marks that are deceptive, scandalous, or identical/similar to existing marks can be refused.
Well-known trademarks enjoy enhanced protection, even if not registered.
6. Rights Conferred
Exclusive right to use the mark in relation to goods/services.
Right to sue for infringement.
Ability to assign or license the trademark.
7. Infringement and Remedies
Infringement includes unauthorized use of identical/similar marks causing confusion.
Remedies include injunctions, damages, accounts of profits, and destruction of infringing goods.
Criminal penalties can be imposed for counterfeiting.
8. International Treaties
India is a member of:
Paris Convention
Madrid Protocol (since 2013)
TRIPS Agreement
This allows for international protection and easier trademark filing abroad.
Additional Notes:
India follows a first-to-use system in practice but registration grants statutory rights.
The law also protects well-known trademarks against dilution or misuse, even if unregistered.
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