Trademark Laws in India
Trademark laws are considered to fulfill the public policy objective of consumer protection, by preventing the public from being misled as to the quality of a product or service. By identifying the commercial source of products and services trademarks facilitate identification of services and products which meet the expectations and requirements of consumers as to quality and other characteristics. Trademark law also serve as an incentive for manufacturers, suppliers or providers to constantly provide quality services or products in order to maintain their business reputation.
The Trademark laws have been come into existence according to the new trademark act. The most important changes effected under the Trade Marks Act are summarized below.
- A trademark has been broadened to include any sign capable of distinguishing the goods or services of a person in respect of which it is registered from the services or goods of another person and may include any sign capable of being represented graphically, including aspects of packaging, colors and shapes.
- Service marks may be registered.
- The difference between Parts A and B of the Register will be abolished to create a single Register.
- A single application may cover many classes of services / goods.
- Special provisions have been introduced to register and protect well-known trademarks.
- Collective marks may be registered.
- Defensive marks are no longer registrable.
- The term of a trademark registration will be increased from 7 to 10 years, and be renewable for additional 10-year periods.
- The process for trademark registration of Registered Users has been simplified and the Registrar is vested with powers to grant, vary and refuse registration of Registered Users.
- The infringement has been broadened to include action against the unauthorized use of a confusingly similar mark, not only in respect of the services and goods covered by the registration, as is presently the case, but also in respect of goods and services not covered in the registration which are so similar that a likelihood of deception or confusion exists. An action for infringement is also available against the unauthorized use of a mark in relation to dissimilar goods, if such mark is similar to a registered mark that is well-known in India and the interest of the registrant is likely to be affected adversely.
- Use of another's trademark as a trade name or part of a trade name is prohibited.
- Provision is made for the assignment of unregistered trademarks with or without the goodwill of the business concerned.
- An Appellate Board is to be established to expedite appeals and applications for rectification which are currently submitted to the High Court.
- Increased penalties, including longer prison terms and larger fines, are prescribed for offences relating to trademarks.