Answer / anand.mnj

GLOBAL IPR LAW CONSULTANTS (INDIA)

The Intellectual Property Rights like Patents, Trademarks,
Copyrights etc. are protected under various National Laws
of India. With the formation of WTO and India becoming a
party to TRIPS agreement, Indian Government is committed to
amend various national laws to make it conformity with
International Commitments. The Intellectual Property Rights
in India can be protected under various laws:

Trademarks:

To meet international commitments, Indian Government has
enforced with effect from September 15, 2003, The Trade
Marks Act 1999 and Trade Marks Rules 2002. The main
features of new trademarks act have been described at the
end.

In India, you can protect a trademark for goods or
services, on the basis of either use or registration or on
basis of both elements. A registration of a trademark is
always granted only for a limited period of time, but it is
renewable without restriction in time. Therefore, a
trademark may be protected indefinitely. The trademark
signifies the quality of product and services of the
trademark owner, it is in the interest of corporations or
individuals to get the trademark registered in India to
exclude others from using the same or deceptively similar
trademark in India

With effect from September 15, 2003, Trade Marks Act, 1999
have been enforced, old Trademarks and Mechandising Act,
1958 has been repealed. New Trade Marks Act 1999 is TRIPS
compliant and more in conformity with US Federal and State
Trade Marks laws than it was earlier. Service Marks are now
registrable in India.

The salient features of Indian Trade Marks Act 1999 are
given below.

Salient Features of New Indian Trade Marks Act 1999
(Enforced with effect from September 15, 2003)



TOP





S.No.
Indian Trade Mark Act 1999 Repealed Trade and Merchandise
Act 1958

1.
Definition of Trade Mark broadened to include goods and
services. Shape of goods, their packaging and combination
of colours included,
Earlier only Trade Marks in relations to goods only were
registrable

2
Service marks also registrable


3.
Well Known Trade Marks defined for strong protection.
Dilution concept recognized. Registration may be refused-
if mark is a reproduction or imitation of a well-known mark
even in respect of different goods or services.


4
No provision for smell or sound marks


5
Term of registration of Trade Mark made 10 years with
provision for renewal
Earlier it was 7 years, with provision for renewal

6
Scope of infringement of registered trademark broadened.
Phonetic, Visual, Meaning similarity recognized


7
Comparative advertisement permitted


8
Filing of suit for infringement simplified.


9
Non-registered Licensing of registered Trade Mark
permitted-Permitted User


10
Assignment of unregistered trademark without goodwill of
business possible


11
Provision for registration as Registered User simplified


12
Creation of Intellectual Property Boards to hear appeals
from the decisions of Registrar of Trademarks (or
Controller of Patents)
This is similar to TTAB and BPAI in USA

13
Scope of Infringing Activities widened. Stringent Measures
for enforcement of trademark rights e.g. enhanced
punishment, increased imprisonment term, increased fine,
direct complaint before police officer, search and seizure
by police, restraining infringer from disposing of his
assets


14
Single Application of same mark for multiple classes
Earlier separate application was to be submitted for each
mark and for each class.

15
Registration of Collective Marks for AOP


16
Criteria for registrability of Trademark simplified


17
Marks not registrable elaborated

Answer / chilamantula karthik

it is a intangible assets for the company for afixed period
of tiime...it als o called as licensing...or international
licensing

Answer / ranjani bora

trade mark-trademark is to exclusively identify the
commercial source or origin of products or services, such
that a trademark, properly called, indicates source or
serves as a badge of origin.

patent rights-The term patent usually refers to a right
granted to anyone who invents or discovers any new and
useful process, machine, article of manufacture, or
composition of matter, or any new and useful improvement

if you are rsm of any repoted company and also you are manage all activity of that company ,how could you manage cost and show profit?

0 Answers  

---

We are looking for a truly inspiring Marketing and PR Executive, someone who can create a culture of open communication, trust and respect. What strategies would you implement to achieve this?

0 Answers   Quest,

---

Hi, i am aabir,pursuing pgdm from institute of management bhubaneswar,i got 62.50%of 1st yr of pgdm.but from school level to graduation my number of percentage is not good.but another sides i have 4yrs experience from different secto like tata indicom,idbi bank,standard chartered finance ltd,deautsche bank,nd also aviva life insurance co.i have completed my graduation in 2003 after that i was working in differernt organization which i have mentioned before,and after that i am doing pgdm regular course.now my question is ,will i get a good job or not?(during my service time i have achieved different prizes due to achieve my target)?

1 Answers   BSRB,

---

How to sell a pen to illiterate ? Tell me about yourself in single word (not regular words like Hardworking, Smart working etc..)

9 Answers   Amity, GM General Motors, TCS,

---

What according to you are the qualities that an hr executive/manager must have?

0 Answers  

---

why u have opted for mba after doing graduation in botany (hons)

4 Answers   Galpha, ICICI, State Bank of Hyderabad SBH, TradeIndia, UTI,

---

Carrier Objectives ,Future Plans & Kind of job wanted?

0 Answers  

---

How do you move forward from a string of rejections?

0 Answers  

---

what is marketing & why is it useful

4 Answers  

---

tell me yourself ? if i have 5 years exp.in sales and marketing?

0 Answers   Accor, Philips,

---

What will b the dimensions of a sack to pack 50 Kg cement having the volume of 0.048 M3

0 Answers   Cherat Packaging Limited,

---

What are your top three open-ended questions for initial sales calls?

1 Answers   Andhra Bank, eTrade,

---