Trademark
Overview:
What is a Trademark?
Growth and Evolution of Trademark Laws in India
The need to establish a separate statute for governing trademark disputes was realized in the year 1875, when the first British Trademark Act, 1875, re-enacted in 1938, was established. Accordingly, India borrowed the Britain trademark act, 1938, and named it as Trademark and Merchandise act, 1938 (now known and operated as Trademarks Act, 1999).
Going further into history, it is prominent to trace the evolution of the Indian Trademark Law from 1938- 1999. This is because the Trademark legislation introduced by the British Government underwent many amendments and changes from the period of 1938-1999. Thus, the Trademark Act, 1999 is the consolidated version of all the above-repealed laws and principles laid down in the TRIPS Agreement.
Trademark Act, 1999 – In a Nutshell
The Act also lays down the mechanism to be followed while dealing with the opposition of the mark and gives a strict timeline to be followed for the entire procedure from Application to Registration.
Being both Substantive and Procedural law, the trademarks Act, 1999 defines the rights of the trademark proprietor and also gives a detailed procedure to deal with the disputes of trademark registration and infringements. All in all, the Act is a comprehensive guide to making the process of trademark hassle-free and easy to understand.
Benefits of Registration of Trademark
- Exclusive rights of ownership for the proprietors to identify their goods and services under the given brand name
- Preventing fraudulent imitation of the mark
- Helps to identify the brand and enhances brand recognition
- Helps the trademark owners to initiate legal proceedings in case of fraudulent imitation of the mark.
- Protects the assets of the business
Well-known marks can be protected under the common law principles of passing off. - Prevents the deceptively similar marks from being registered.The following are the functions and Benefits of the Registration of trademark:
- Exclusive rights of ownership for the proprietors to identify their goods and services under the given brand name
- Preventing fraudulent imitation of the mark
- Helps to identify the brand and enhances brand recognition
- Helps the trademark owners to initiate legal proceedings in case of fraudulent imitation of the mark.
- Protects the assets of the business
- Well-known marks can be protected under the common law principles of passing off.
- Prevents the deceptively similar marks from being registered.
Stages of trademark Registration in India
- Trademark Search
- Trademark Application
- Trademark Examination
- Trademark Opposition
- Trademark Hearing
- Trademark Registration
- Trademark Renewals