🏛️ Legislative Overview: The Trade Marks Act, 1999
The Trade Marks Act, 1999 was enacted and brought into force on 30th December 1999, with the express purpose of amending and consolidating the laws relating to trade marks in India. The stated object of 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 Act comprises 13 Chapters encompassing a total of 159 Sections, delineating the framework governing the registration, protection, and enforcement of trade mark rights.
🏢 Trade Marks Registry: Establishment and Function9
- The Trade Marks Registry was originally established in the year 1940.
- At present, it operates under the provisions of the Trade Marks Act, 1999 and the corresponding rules framed thereunder, pursuant to the authority of the Central Government of India.
- The territorial jurisdiction of the Registry extends across the entire territory of India.
- The Head Office of the Registry is located in Mumbai, with regional branch offices situated in Ahmedabad, Chennai, Delhi, and Kolkata.
The Registry is entrusted with the administration of intellectual property rights pertaining to trade marks for goods and services, aimed at ensuring robust protection against infringement and fraudulent usage.
Following India’s accession to the Madrid Protocol—an international treaty under the Madrid System governing the global registration of trade marks—the Trade Marks Registry also functions in dual capacities:
- As the Office of Origin for international applications filed by Indian proprietors.
- As the Designated Office for applications wherein India has been identified as a country seeking protection.
👤 Administrative Authority
The Trade Marks Registry operates under the leadership of the Controller General of Patents, Designs and Trade Marks, who serves ex officio as the Registrar of Trade Marks.
📜 Statutory Amendments
The principal legislative enactments governing trade marks in India include:
- The Trade Marks Act, 1999
- The Trade Marks (Amendment) Act, 2010