Trademark Registration in Delhi

  • A trademark is one of the components of Intellectual Property Right and is designated by the symbol TM, ® or mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to distinguish their product and services from others in the market. A trademark can be a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There are also non-conventional trademarks comprising marks which do not fall into these standard categories.
  • Earlier there was no law to protect trademarks in India. Initially there was a provision under Indian Penal Code which is a part of the criminal law which pertains to offenses relating to documents and property marks. These were the provisions by which if someone used a mark without authorization that was regarded as a criminal offence so, there was a penalty attributed to a person who uses a mark without authorization Now, this was repealed from the criminal laws, when the trademarks act 1958, was enacted. This act criminalized unauthorized use of marks was removed from the criminal statutes and it was now a part of a separate act in itself. So, the first Act we have in India is the Trademark Act, 1958. This act replaced the 1940 Act and 1999 Act.
  • The above Act got replaced by Trade Marks Act, 1999 by complying with TRIPS (Trade-related aspects of Intellectual Property Rights) obligation recommended by the World Trade Organization. The aim of the Trade Marks Act is to grant protection to the users of trademark and direct the conditions on the property and also provide legal remedies for the implementation of trademark rights.
  • The Trade Marks Act, 1999 gives the right to the police to arrest in cases of infringement of the trademark. The Act gives a full definition for the term ‘Infringement’ which is frequently used. In the Trademark Act, it provides punishments and penalties for the offenders. Furthermore it also increases the time duration of registration and also registration of a non-conventional trademark.
  • A trademark infringement is a violation of the exclusive rights associated with the trademark without the permission of the trademark owner or any licensee (if such authority is within the license). Infringement may occur when one party uses the same or misleading trademark in relation to the products or services owned by the “infringer” of another party, equivalent to the products or services covering the registration. The trademark owner may initiate legal action against the party who violated his registration.