Trade Marks Registration

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Trade Marks in India

Trade Marks and brand names play a very crucial role, as they act as a source of identity for any entity. With increased IPR awareness entities are aggressively protecting their trademarks in India and globally. Trade marks landscape in India is also nurturing day by day and entities and individuals in the quest to protect their trade marks, brand names, logos, etc from being copied are leaving no stone unturned to protect rights from being infinged.
A trade marks in India is defined under Section 2 (1) (zb) of the Trademark Act, 1999. It is a distinctive sign or indicator used by an individual or an organization and is applied to the articles Products & Services so as to identify the products & distinguish them.

Origin and Evolution of Trade Marks Law in India:

The origin of Trade marks Law in India can be traced back prior to 1940 there was no statutory law relating to Trade marks in India. When common law principles of equity and passing off were administered for the protection of trade marks. In view of the lack of any specific legislation dealing with the nuances of infringement and passing off of trade marks, the Trade Marks Act of 1940 was enacted for the first time in India, providing a missionary of the registration and statutory protection for Trade marks in India
The statutory provisions in the Trade marks Law substantially corresponded with the English Laws and precedents.
Thereafter, considering the augmentation in trade and commerce, a need was felt by the Legislature for robust proprietary laws and accordingly the legislation was replaced. Accordingly the Trade marks Act, 1940 was substituted & replaced by the Trade & Merchandise Marks Act, 1958 and the Trade & Merchandise Marks Rules, 1959
was also framed. The 1958 Act & Rules 1959 were passed thereto with the objective of extending better protection to trade marks and it also consolidated provisions relating to trade marks in other Statutes like the Indian Penal Code, Criminal Procedure Code, and the Sea Customs Act.
In order to conform to the requirements of Trade-Related Aspects of Intellectual Property Rights (TRIPS) and in view of enhanced globalization of trade and technology, the Trade marks Act, 1999 & Trade marks Rules, 2002 were framed, which came into effect on September 15, 2003. The Trade marks Act, 1999
inter alia aims at providing for the registration of service trade marks and collective trade marks, enhanced protection to marks categorized as well-known marks, and the constitution of the Intellectual Property Appellate Board (IPAB) for speedy disposal of appeals and rectification applications.
Thereafter in the year 2010 the Trade marks Act, 1999 was amended vide the Trade Marks (Amendment) Act, 2010 . Through the Trade marks (Amendment) Act, 2010, the Legislature incorporated Chapter VI in the Act which embodies Special Provisions Relating to the Protection of Trade marks through International Registration under the Madrid Protocol. Thus, the Indian Trade marks Law covers national as well as international trade marks registrations within its purview.
A trade marks performs the following functions:
  • Renders an exclusive right on the owner of the mark to use the trade marks to identify good produced or services rendered by it;
  • Prevents others from making fraudulent use of the mark;
  • A trade marks owner can commence legal proceedings of trade marks infringement for preventing unauthorized use of his registered mark by a third party;
  • An unregistered trade marks can be protected under the common law principle of passing off;
  • Prevents unfair competitors from the usage of similar or deceptively similar marks;
  • Protects the skill and intellect of any company
Currently, the Trade marks law in India is primarily governed by the Trade marks Act, 1999 and the Trade marks Rules of 2017 framed under the Act. The Act and Rules enumerate the procedural aspects of trade marks filing, examination, publication, opposition, registration, renewal, rectification, and removal of trade marks. Similar to Patents, the Chief Administrator of the trade marks system in India is the office of the Controller General of Patents, Designs and Trade marks (‘CGPDTM’) functioning under the aegis of the Department of Industrial Policy and Promotion (‘DIPP’), Ministry of Commerce and Industry.
The whole process of successful registration of trade marks involves several stages- right from trade marks search to trade marks registration and further renewal. Each stage involves the fulfillment of procedural requirements and documentation.

Madrid Protocol & India

Here it would be pertinent to mention that in a significant move, in the year 2013 India also acceded to the Madrid System of Trade marks Registration which allows the registration of trade marks in multiple jurisdictions. Pursuant to this the Indian Trade marks Office also released rules and guidelines for the International registration of trade marks under the Madrid System.