TRADE MARKS

Indian trademark law is governed by the Trade Marks Act, 1999, and the Trade Marks Rules, 2002, which collectively regulate the registration, protection, and enforcement of trademarks in India. A trademark is defined as a mark capable of graphical representation that distinguishes the goods or services of one person from those of others. This includes words, logos, shapes, colors, sounds, and even 3D configurations.

Key highlights include:

· Eligibility: Any person claiming to be the proprietor of a mark used or proposed to be used in relation to goods/services may apply for registration. This includes individuals, companies, partnerships, trusts, and government entities.

· Application Requirements: Applications must include a clear representation of the mark, specification of goods/services, and a statement of use (actual or proposed). Shape and color marks require detailed graphical and descriptive representation.

· Examination Process: Applications are examined for compliance with absolute and relative grounds for refusal. This includes distinctiveness, deceptiveness, and conflict with existing marks.

· Opposition & Rectification: Third parties may oppose a mark post-publication. Registered marks may be rectified or removed for non-use or procedural defects.

· Renewal & Assignment: Trademarks are valid for 10 years and renewable indefinitely. They can be assigned or transmitted with or without goodwill.

· Collective & Certification Marks: Special provisions exist for marks used by associations or certifying bodies, requiring submission of governing regulations.