A 46097 trade marks regulations 1997 incorporating latest amendment p. An act to amend and consolidate the law relating to trade marks, to provide for. Use of one of associated or substantially identical trade marks equivalent to. Provided that different dates may be appointed for different provisions of this act, and any reference in any. Webvertising and ecommerce 1999 1 ebl 3, 11 9 chris spencer and richard verow. Definitions of authorised user and authorised use 9. 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. An act to provide for the registration and better protection of trade marks and for the prevention of the use of fraudulent marks on merchandise.
The trade marks registry established in india in 1940 and presently it administers the trade marks act, 1999. Trade marks act, 1999 international trademark association. 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. 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. Consequently, the indian trademark law has now become fully compatible with the international standards laid down in the trips agreement. 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. 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. 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. 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.
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. Trade marks act 1994 is up to date with all changes known to be. 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. Application of act to trade marks registered under repealed act. Trademark meaning objective and infringement kps legal. Trade marks act 1999 47 of 1999 complete act citation. Be it enacted by parliament in the ninth year of the republic of india as. Website content managed by legislative department, ministry of law and justice, government.
Procedure for registration the procedure for registration of trade marks is contained in sec. Trade marks act 1994 1994 chapter 26 an act to make new provision for registered trade marks, implementing council directive no. Repeal of trade marks act 1994 part 2interpretation 6. 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. Australian trade mark law is based on commonlaw usebased rights as well as the trade marks act 1995 cth, which is administered by ip australia, an australian government agency within the department of industry, innovation and science. Trade marks act 1994 is up to date with all changes known to. The controller general of patents, designs and trade marks, official site, retrieved on 12th january, 2018.
Making a mark the trade marks act 1994 defines trade marks more widely and provides the owner with new powers to protect against misuse 1994 51 ls gaz 91, 21 10 tina hart. 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. 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. 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.
Trade marks act 1995 federal register of legislation. The trade marks act 1994, as amended is the current law that covers. Trade marks act 1995 sect 6 definitions 1 in this act, unless the contrary intention appears. Additional grounds for removal of registration of collective. In addition to providing for registration of service marks, the act. Trade marks act, 1999 wikisource, the free online library. On december 30, 1999, the president of india gave his assent to the trade marks act, 1999. If you need any more help or you may have any questions, please contact the trade marks registry. Home actsofparliamentfromtheyear the trade marks act, 1999. This version of this act contains provisions that are prospective. 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. Infringement proceedings by registered proprietor of collective mark. Trade marks act 1995 table of provisions long title part 1preliminary 1.
Federal register of legislation australian government. It is hereby notified that the state president has assented to the following act, which is hereby published for general information. 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. In this article we have provided all the reference books, authors and topics and contents about the book the trade marks act 1999. Indian trademark law statutorily protects trademarks as per the trademark act, 1999 and also under the common law remedy of passing off.
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. September 1995 part iv of the patents and trade marks world trade organisation. The trade and merchandise marks act, 1958 the trade and merchandise marks act, 1958 act no. 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. 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. Concept of trade mark under the trade marks act 1999 and. Section 91 in the trade marks act, 1999 1 the trade marks. Trade marks act, 1999 47 of 1999 complete act bare act. 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.