Anuhuj Dhingra Law Office

  Tradmarks

THE TRADEMARK LAW IN INDIA

The law of trademarks is enshrined the Trade Marks Act, 1999 came into force with effect from September 15, 2003, before the enforcement of the same, the Trade and Merchandise Marks Act, 1958 was in force and with the new act coming into force the earlier act was repealed. The new Trademarks Act of 1999 is in accordance with the WTO recommendations, and is in conformity with the TRIPS Agreement to which India is a signatory.

SALIENT FEATURES OF THE TRADEMARKS ACT, 1999
  • Registration of Service Marks is allowed in addition to Trademarks for goods.
  • No separate application necessary for each category/class of goods or services; a single application would do, however filing fee will be charged separately for each class of goods/services.
  • The term of registration of trademark is ten years (earlier seven years), subject to renewal thereafter.
  • The system of maintaining registration of trademark in Part A and Part B with different legal rights, dispensed with.
  • Registration of trademarks which are imitations of well known trademarks not permitted.
  • Registration of Collective Marks owned by associations allowed.
  • Offences relating to trademark made cognizable.
  • Extension of application of convention countries.

The Trademarks Act, 1999 provides protection to the owner of a trademark and imposes criminal liabilities for the infringement of the trademark owner’s rights. To enjoy protection, the owner of a trademark must apply for registration with the Trademark Registrar of the Registry of Trademarks, India. The Trademarks Act is also applicable to the protection of service marks, certificate marks and collective marks. The Trade Mark Registry Office performs the statutory duties in connection with the registration of Trade mark and other activities related thereto. Trade Mark offices are located in Ahmedabad, Chennai, Kolkata, Mumbai and New Delhi.

OUR SERVICES

We provide comprehensive services for trade mark

  • Advice and Counseling on Trademarks
  • Trade Mark searches with the Trademarks Registry
  • Registration of Trademarks
  • Contesting Oppositions under the Trademarks Act
  • Investigation services
  • Trademark licensing
  • Trademarks Assignment
  • Contentious (Litigation) services before the Civil Courts, and the special Tribunal for Intellectual property
  • Portfolio Management
                                               
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