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Law of Trademarks in India

Intellectual property rights help people to assert ownership on their creativity and innovations in various fields. There are many kinds of intellectual property rights and one of them being trademarks. In simple terms trademarks are for products and services to be identified with its maker and provider respectively. It becomes very valuable since it is associated with quality and consumer expectation. Trademarks can be a name, number, logo, coined term, colors or combination of these and could be the texture or shape of the goods too. Trademark protects both the interest of the consumer and the trader as the consumer is able to relate the product with the quality assured by its trader and also the trader being able to block his competitors from using his mark and gain profits through imitation while making it distinct. Trademarks define the source of the product and makes it unique from its sub-standard replicas. In India Trademarks are protected by The Trademarks Act, 1999 which came into force repealing the Trademarks and Merchandise Act, 1958 to meet the WTO and TRIPS requirements. The present act offers a lot of new features to reap benefits out of registering a trademark to its proprietor which is covered under the objective of the act and that being protection to the proprietor, prescribe conditions on acquisition, and legal remedies for enforcement of trademark rights. In case, the main place of business is not in India, then the application can be filed in the Trademark office under whose jurisdiction the office of the proprietor’s lawyer in India. For a company about to be formed, anyone may apply in its name for subsequent assignment of the registration in the company's favor. Goods and services are classified according to the International Classification of goods and services. Schedule IV of the Act provides a list of goods and services falling in different classes. The Registrar is the final authority determining the class in which particular goods or services fall. Before filing an application for registration the mark should fulfill certain legal requirements such as the selected mark should be capable of being represented graphically, then it should be capable of distinguishing the goods or services of one undertaking from those of others and the last requirement being that it should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate a connection in the course of trade between the goods or services and some person have the right to use the mark with or without identity of that person. All these are required by the act. It is always advisable to do a trademark search before filing an application for registering a trademark to be on the safer side. All accepted applications will be published in the Trademarks Journal for the purpose of filing any opposition which must be filed within three month from the date of publication and an extension of one month is available for filing such oppositions.