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INDIAN TRADEMARK ACT

 

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What is Indian Trademark Act?

The trademark law in India before 1940 was based on the common law which was same as was followed in England before the enactment of the first Registration Act, 1875. The first statutory law related to trademark in India was the Trade Marks Act, 1940 which introduced a machinery for the registration and statutory protection of Trade Marks in India.

This Act of 1940 was replaced by the Trade and Merchandise Marks Act, 1958 which consolidated the provisions related to trademarks contained in other statutes like, the Indian Penal Code, Criminal Procedure Code and the Sea Customs Act.

The Trade and Merchandise Marks Act, 1958 was repealed by the Trade Marks Act, 1999 and is the current governing law related to registered trademarks. The act of 1999 came into force w.e.f. September 15, 2003 vide notification in the official gazette. The 1999 Act was enacted to comply with the provisions of the TRIPS. Though some aspects of the unregistered trade marks have been enacted into the 1999 Act, but they are primarily governed by the common law rules based on the principles evolved out of the judgments of the Courts.

Details regarding the Indian Trademark Act can be accessed at the following link:

http://ipindia.nic.in/tmr_new/tmr_act_rules/TMRAct_New.pdf

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