Criminal Lawer - Accident Lawyer - Mumbai, India
India Law
India Trademark registrations
India Trademark Procedures
India Trademark Law and Legislation
Much of the Indian trademark law is derived from the Trade & Merchandise Marks Act, 1958, which is currently going through many changes at the moment. TRIPs is an agreement which India also is involved with which is going to change the law to reflect the Trade mark act of 1999. The government of India chooses which date to require compliance. Essentially the Indian Trademark Laws continue to be changing and are constantly being added to. It continues to be difficult to assert trademark infringing enforcement through the Indian Trademark and Indian legal system.
Coverage of India Trademark Laws
A ‘Mark` may consist of a word or invented word, signature, device, letter, numeral, brand, heading, label, name written in a particular style, the shape of goods other than those for which a mark is proposed to be used, or any combination thereof or a combination of colors and so forth. Subject to certain conditions, a trademark may also be symbolised by the name of a person, living or dead. The Mark may be any of the above and if it is so, then it is covered by India’s trademark laws and any legal action should be made through the legal system in India.
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Many marks are geographically represented and continue to reflect the changing nature of the Indian country. The need and purpose of the trademark must be filed in the trademark filing in India at the time that it is applied for. This will ensure that the holder will be properly represented in an Indian court. The popularity of a trade name does not coincide with the enforcement, many trade names are illegally used in India and also many Indian Trademarks are not covered internationally.
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India Trademark and India Lawyer
Duration of Enforcement
Seven years is the current length of time that a trademark holder can enforce usage of their trade name. These trademarks can be renewed in India if paid for after the seven year trademark term. New legislation in India allows trademarks in India to be legally registered for up to ten years. If a trade holder fails to use the mark for any 5 year period, a lawyer should inform them that their trademark is no longer valid and considered part of the Indian culture.
Trademark Infringement
Several different lawyer remedies are available for trademark infringement enforcement. ‘An action for infringement' in case of a registered trademark and ‘an action for passing off' in the case of an unregistered trademark. While former is a statutory remedy, the latter is a common law remedy. In a suit for infringement or for passing off, the relief that the court may grant includes injunction and either damages or an account for profits with or without any order for delivery of the infringing labels and marks for destruction or erasure.
Although registration under the existing Act is prima facie evidence of validity of a trademark, yet the registration can not upstage a prior consistent user of trademark, for the rule is ‘priority in adoption prevails over priority in registration`.
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