Business Law(Trademark Act)

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  • Topic: Trademark, Trademark law, Public domain
  • Pages : 247 (66053 words )
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  • Published : February 27, 2013
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PREFACE
The draft Trade Marks Work Manual herein set out describes the various procedures and practice in the administration of the Trade Marks Act, 1999 which will serve as a useful guide to the officers of the Trade Marks Registry (particularly new incumbents) and also users of the system and in ensuring uniformity of practice. Indeed section 98 of the Trade Marks Act gives statutory recognition to “practice of the Trade Marks Registry” as an important aspect in determination of legal proceedings on appeal before the Appellate Board. For greater transparency

the draft manual attempts

to explain the practices of Trade Marks Registry

in all the areas of

administration of the system.
The draft Manual is in the nature of a guide for the users and obviously if any of the statements in this document are at variance,

or in any way

inconsistent, with the provisions of the Act or Rules, the latter will prevail. Wherever appropriate, reference to case laws, representing

decisions of

Court in India and other countries have been indicated to facilitate better understanding of the law. This draft manual is evolutionary and will be updated from time to time in the light of important judgments and decisions of courts

involving interpretation of the provisions of the Act

and Rules.
Informed comments are invited from interested members of the public, stakeholders, attorneys, trade marks agents etc.to suggest improvements in the draft within 30 days

V.Ravi
Registrar of Trade Marks

CONTENTS

Chapter 1

-

Introduction

-

Historical

-

Revision of Trade Marks Act, 1958

-

Harmonization with International norms and
standards

-

General Objectives of Manual

Chapter II

-

Examination of Trade Marks

Chapter III

-

Opposition

Chapter IV

-

Post Registration Procedure

DRAFT TRADE MARKS WORK MANUAL
UNDER
THE TRADE MARKS ACT, 1999 AND TRADE MARKS RULES,
2002
CHAPTER I
1.
Introduction
The Trade Marks Act, 1999 and the Trade Marks Rules, 2002 (as amended) govern the law relating to trade marks in India.
The legislation, as indicated in the Preamble to the Act, is 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.”

The salient features of this Act briefly are as set out in the Statement of Objects and Reasons annexed to the Trade Marks
Bill:
(a)
(b)

(c)
(d)

(e)
(f)

providing for registration of trade mark for services, in
addition to goods;
registration of trade marks, which are imitation of well
known trade marks, not to be permitted, besides enlarging
the grounds for refusal of registration mentioned in
clauses 9 and 11. Consequently, the provisions of
defensive registration of trade marks are proposed to be
omitted;
amplifications of factors to be considered for defining a
well known mark;
doing away with the system of maintaining registration of
trade marks in Part A and Part B with different legal rights, and to provide only a single register with simplified
procedure for registration and with equal rights;
Simplifying the procedure for registration of registered
user and enlarging the scope of permitted use;
Providing enhanced punishment for the offences relating
to trade marks on par with the present Copyright Act,
1957, to prevent the sale of spurious goods;

1

(g)
(h)
(i)
(j)
(k)
(l)

Providing an Appellate Board for speedy disposal of
appeals and rectification applications which at present lie
before High courts;
Transferring the final authority relating to registration of certification trade marks to the Registrar instead of the
Central Government;
Providing enhanced punishment for the offences relating
to trade marks on par with the present Copyright Act,
1957, to prevent the sale of spurious goods;
Prohibiting use of someone...
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