Trademarks Act, 1999 » New Elements

The Indian law of trademarks is enshrined the new trademarks act, 1999 came into force with effect from September 15, 2003. The new trademarks act of 1999 is in line with the WTO recommendations and is in conformity with the trips agreement to which India is a signatory.

Under the new Trademarks Act of 1999:

• The registration of service marks permissible in addition to trademarks for goods.
• No separate application necessary for each category of goods or services; a single application would do, however filing fee will be charged separately for each class of goods or services.
• The term of registration of trademark is ten years, subject to renewal afterward.
• The registration of trademarks which are imitations of well identified trademarks not permitted.
• The registration of collective marks owned by associations allowed.
• The offences relating to trademark made cognizable.
• Filing Fees enhanced by more than 8 times.
• Extension of application of convention countries.