The Trade and Merchandise Marks Act was passed in the year 1958 and has served its purpose over the last four decades. It was felt that a comprehensive review of the existing law be made in view of the developments in trading and commercial practices. Accordingly the Trade Marks Bill, 1999 was introduced in the Parliament. The Trade Marks Act, 1999 is more compliant with the Trade Related Intellec
tual Property Rights (TRIPS) Agreement. Major change has taken place in The Trade Marks Act, 1999, which has come into force from 15th Sept. 2003, includes the following. It has enlarged the definition of trade mark. It now includes shape of goods, packaging and combination of colours which can adopted as a trade mark. The Act provides for registration of trade mark for services in addition to goods
It provides for a single Register of Trade Marks with simplified procedures for registration. The Act has simplified the procedure for registration of registered user (licensing of registered trade mark)
Provides for registration of collective marks owned by association of persons. Provides for establishment of an Intellectual Property Appellate Board for speedy disposal of appeal from Registrar orders and decision which earlier lies before the High Courts. Transferred the final authority for registration of certification of trade marks to the Registrar. Provides for enhanced punishment for the offences relating to trade marks on par with the Copyright Act, 1957 to prevent the sale of spurious goods. Prohibits use of some one else's trade marks as part of corporate names or name of business concern. Provides for filing of a single application for goods or services falling in more than one class (multi class filing)
Increased the period of registration and renewal from 7 yrs to10 yrs
Has made some trade mark offences cognizable
The Act has amplified the powers of the court to grant ex parte injunction in certain cases
There are other related amendments to simplify and streamline the administration of the trade marks law and procedures in the country.
