TRADEMARK
The Trade Marks Act, 1999.
The
Trade and Merchandise Marks Act was passed in the year 1958, since then it has been amended several times, Moreover in view of developments in trading and commercial practices, increasing globalization of
trade and industry, the need to encourage investment flows and transfer of technology and the need to simplify and harmonize
trade mark management systems it has been considered necessary to bring out a comprehensive legislation on the subject. Accordingly the
Trade Marks Bill, 1999 was introduced in the parliament.
Act 47 of 1999
The
Trade Marks Bill, 1999 having been passed by both the Houses of Parliament received the assent of the president. It came on the Statute Book as
THE TRADE MARKS ACT, 1999 (47 OF 1999).
Meaning of Trade Mark
A consumer is duped if he buys a commodity presuming it to have originated from a certain identified source when actually it is not and later finds the commodity substandard. In the process the reputation
of trader suffers if spurious goods are sold as those originating from him. The interests of both the consumer and the trader can be saved if some definite symbol which marks out the origin of goods from a definite
trade source is attached with the goods emanating from such source. Such symbol is called
trade mark.
A
trade mark is a visual symbol in the form of a word ,a device or a label applied to articles of commerce with a view to indicate to the purchasing public that they are goods manufactured or otherwise dealt in by a particular person or a particular organization as distinguished from similar goods manufactured or
dealt in by others. In other words, a trade mark is a visual representation attached to goods for the purpose of indicating their
trade origin.
TRADE MARK LAW IN INDIA
The
Trade Mark law in India is now contained in the provisions of the
Trade Marks Act, 1999.
The earlier
trade and Merchandise Marks Act, 1958 has been repealed .The 1958 Act with the extensive
Amendments, has become the 1999 Act. After the Act is enacted by the legislature, rules there under are made by the Government to facilitate and regulate the implementation of the provisions of the Act. Rules made under an Act have the force the law. The rules have, however, to be consistent with the provision of the Act.
How is a Trade Mark protected in India?
To protect the registered
Trade Mark, the following reminders can be resorted to.
1. Civil remedies.
2. Criminal proceedings.
3. Administrative remedies.