September 1995 part iv of the patents and trade marks world trade organisation. Any natural or legal person may acquire an exclusive right to use a trademark as a distinctive sign for goods or services in an industrial or commercial undertaking pursuant to the provisions of this act trademark right. Trade marks act 1999 47 of 1999 complete act citation. An act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services. Statutory protection of trademark is administered by the controller general of patents, designs and trade marks, a government agency which reports to the department of industrial policy and promotion dipp, under the ministry of. The trade marks act 1994, as amended is the current law that covers. Preliminary advice and search before or after applying for registration he may also request for the registrars opinion as to the distinctivecharacter of the mark. Section 21e in the trade marks act, 1999 e certification trade mark means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Be it enacted by parliament in the ninth year of the republic of india as. Trade marks act 1995 sect 6 definitions 1 in this act, unless the contrary intention appears.
Trademark act, 1999 a trademark is a kind of intellectual property, and typically a name, word, phrase, logo, image, symbol, design, or a combination of these elements, which discriminate services or goods of one. A 46097 trade marks regulations 1997 incorporating latest amendment p. Webvertising and ecommerce 1999 1 ebl 3, 11 9 chris spencer and richard verow. Trade marks act, 1999 bare acts law library advocatekhoj. Indian trademark law statutorily protects trademarks as per the trademark act, 1999 and also under the common law remedy of passing off.
The trade marks registry established in india in 1940 and presently it administers the trade marks act, 1999. Section 21zg in the trade marks act, 1999 zg wellknown trade mark, in relation to any goods or services, means a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating. Definitions of authorised user and authorised use 9. Section 91 in the trade marks act, 1999 1 the trade marks. Trade marks act 1999 form tm12 notes a these notes will help you fill in this form. Trade marks act 1999 form tm3 name and daytime telephone number of person to contact state number of any sheets attached to this form notes a these notes will help you fill in this form. The objection is raised under s 11 1 of the trade marks act, 1999, as the mark is identical with or similar to earlier marks in respect of identical or similar description of goods or services. If you need any more help or you have any questions. An act to amend and consolidate the law relating to trade marks, to provide for. This is a compilation of the trade marks act 1995 that shows the text of the law as amended and in force on 24 february 2017 the compilation date. December, 1999 an act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. In this article we have provided all the reference books, authors and topics and contents about the book the trade marks act 1999.
Procedure for registration the procedure for registration of trade marks is contained in sec. Home actsofparliamentfromtheyear the trade marks act, 1999. Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. Section 21iviiizb in the trade marks act, 1999 zb trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. The trade marks act 1999 book pdf is free and available for everyone to download as a pdf.
It is hereby notified that the state president has assented to the following act, which is hereby published for general information. The trade marks act 1999 was passed by both the houses of parliament and received the assent of the president of india on january 3 2000. Trade marks act 1994 is up to date with all changes known to. Infringement proceedings by registered proprietor of collective mark. Trade marks act 1995 table of provisions long title part 1preliminary 1. An act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks. Use of one of associated or substantially identical trade marks equivalent to. However, it has not yet come into force since the rules to be framed thereunder have not yet been published, and the appellate board it contemplates has also not yet been constituted. Application of act to trade marks registered under repealed act. The controller general of patents, designs and trade marks, official site, retrieved on 12th january, 2018.
The salient features of the indian trademarks act, 1999 with the trade marks act, 1999, being brought into force on september15, 2003, india has made a step towards fulfilling its international obligations. If you need any more help or you may have any questions, please contact the trade marks registry. Trade marks act, 1999 wikisource, the free online library. Federal register of legislation australian government. In addition to providing for registration of service marks, the act.
Additional grounds for removal of registration of collective. This is a compilation of the trade marks act 1995 that shows the text of the law as amended and in force on 27 february 2020 the compilation date. This version of this act contains provisions that are prospective. Trade marks act 1995 federal register of legislation. Concept of trade mark under the trade marks act 1999 and. Similarly, an object of indian penal code includes the protection of civil rights of individuals including the right to develop ones own business through the development of brand. Website content managed by legislative department, ministry of law and justice, government. The trade and merchandise marks act, 1958 the trade and merchandise marks act, 1958 act no. In the preamble of trade marks, the trade marks act, 1999 it is stated that the act is to protect the trademark and to prevent the fraudulent use of trademarks. Repeal of trade marks act 1994 part 2interpretation 6. Trade marks act 1994 1994 chapter 26 an act to make new provision for registered trade marks, implementing council directive no.
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