Trademarks Act 1999

Trademark

The definition has been widened to include the ‘color combination’ and ‘shape of goods’.

Service mark

The new definition of ‘service mark’ has been included for the benefit of service-oriented establishments such as Banking, Communication, Education, Finance, Insurance, Chit funds, Real Estates, Transport, Storage material treatment, Processing, Supply of electrical or other energy, Boarding, lodging, Entertainment, Amusement, Construction, Repair, Conveying of news or information and advertising .

Collective mark

The new definition of ‘ Collective mark ‘ has been provided for the benefit of members of an association of persons (but not partnership) and such inclusion of ‘ Collective mark ‘ will benefit the traditional Indian family trademarks.

Well known trademark

The new definition for ‘well known trademark ‘ has been provided for the benefit of a trademark being used by the substantial segment of the public.

Appellate Board

The ‘ Appellate Board ‘ has to be constituted under the new Act for the benefit of persons aggrieved by an order or decision of the Registrar and an application to cancel registration may also be made to the ‘ Appellate Board.

Renewal

The renewal of registration of a trademark should be made for every ten years instead of seven years under the present Act.

Civil suits

Civil suits can be instituted by any aggrieved person before a district court within by aggrieved person before a district court within the local limits of whose jurisdiction such aggrieved person actually and voluntarily resides or carries on business or personally works for gain. This new provision would bring the trademark law in line with the provisions for jurisdiction contained in the copyrights Act ,1957.

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