Whenever any law comes into force, it always comes up with a purpose or for a purpose. Similarly trademark law also has a purpose. To serve the same purpose there is a proper draft of that law which is known as the Trademark Act of 1999 it is a newly developed law and it came as per the demand of the time. Today we are in the era of technologies and businesses. Every business has its own trademark. This trademark law considers the trademark of these businesses as their intangible properties and provides them security from any kind of infringement. This law of trademark is part of intellectual properties which must be secured as the tangible properties of the businesses.
What is Trademark Law?
Trademark law here refers to the Trademark Act of 1999. This law governs the entire things related to trademarks in India. It has a total 159 sections, 13 chapters and 1 schedule. It defines the registration procedure, document requirement, renewal procedure, cancellation or suspension of trademark etc. it is separate law that governs only trademarks. Some of the key provisions of this law are mentioned below:
- Key definitions has been mentioned under section 2 of the law
- Register and the various important conditions for the registration has been mentioned under section 3 to section 17
- Section 8 of the law talks about the application for registration and section 19 gives idea about the withdrawal of acceptance
- Advertisement of application given under section 20 of the law
- Opposition to registration and correction and amendment are given under section 21 and section 22 respectively
- Section 23 is a very important section of the law as it talks about the trademark registration
- Section 25 is regarding the duration, renewal, removal and restoration of registration of the trademark
- Section 46 to section 56 are having the provisions that talks about the uses of trademark and the registered users
- Provisions related to the certification of the trademarks is mentioned from section 69 to section 78
Meaning of Trademark
Protecting properties involves safeguarding tangible assets and, crucially, intangible ones, where trademarks fall. These distinct signs, logos, and symbols, unique to a brand, need registration under the Trademark Act of 1999 to ensure recognition and prevent unauthorized use. To secure this registration, uniqueness, relevance to your business, and avoiding prohibited marks are critical. Hiring a trademark attorney is wise to avoid errors. Also, obtaining an MSME registration can help minimize the costs involved. This process, known as trademark registration, ensures brand protection and identity under Indian law.
History of Trademark Law in India
The Indian Merchandise Marks Act of 1889 and the Indian Registration Act of 1908 marked the beginning of the development of trademark protection in India. The main goal of these early legislation was to control the use of marks in trade. The first comprehensive piece of law in India that addressed trademarks specifically was the Trademarks Act of 1940. The 1999 passage of the Trademarks Act was a landmark change in Indian law of trademark. The Act of 1999 took the place of the antiquated Act of 1940. The development of trademark legislation to meet international standards has been further influenced by India’s current membership in a number of international accords, including the Agreement on Trade-Related Aspects of IPR which is famously known as the TRIPS.
Purpose of Trademark Law
The law of trademark came into force with some objectives, which are also known as the “purpose of trademark law”. Some of the key objectives of this law of trademark are mentioned below:
Protects Traders Rights
In order to protect the rights of the traders it is necessary to give protection to their trademarks. This protection is necessary so that they cannot take advantage of one another’s trademark. Law of trademark protects the infringement of the trademark. This gives the traders security against their trademark and they can do business freely in the market among the competitors.
Prevents Counterfeiting and Duplication
As per the law of trademark a registered trademark cannot be used by any third party for their personal benefits. If any party tries to do the same it will be infringement of trademark under the Trademark Act of 1999, which is a punishable offense. This is how trademark law prevents any kind of counterfeiting and duplication.
Compliance with Treaties Signed Internationally
With time trademark law of India evolved a lot. Signing international treaties is also part of the same evolution. Now it is compulsory to follow those treaties which have been signed by India. Here comes the law of trademark. This law helps the country to comply with the various clauses of these treaties signed internationally by the country.
Protects Constitutional Rights
Trademark is a very crucial part of trade these days. Its protection is important in order to protect the freedom of trade which has been given under the Article-19 of the COI that is the constitution of India. This guarantees that people in India can do whatever trade they want to do. To implement it freely without hampering the rights of others, it is really crucial to protect the trademark of the businesses.
Protection of Intellectual Property
This law of trademark is a kind of intellectual property protection law, as trademark is also a kind of intellectual property. Intellectual properties are those properties which are direct or indirect creation of the mind of a human. Such properties are intangible and are very beneficial for a business. Because of their usefulness it is really important to protect them. The Trademark Act of 1999 is doing the same by providing protection to the trademarks of the various businesses.
Comprehensive Trademark Database Creation
Law of trademark creates a comprehensive database of trademarks. This creates transparency among the consumers in the market. Availability of this data helps in trademark search and prevents third party users from using the registered trademark. It helps the users find trademarks which are already registered so that they cannot register the same trademark again. This is how infringement is also protected.
Conclusion
The trademark law in India, stands as a pivotal guard ensuring the safety and uniqueness of business identities. This law, built upon historical roots from earlier acts, serves several critical purposes. It secures the rights of traders, preventing unauthorized usage of registered trademarks, safeguarding against counterfeiting and duplication, and aligning with international treaties India has ratified. Moreover, this law not only protects the constitutional right to trade freely but also preserves intellectual property, recognizing the significance of intangible assets in the modern business landscape. By establishing a comprehensive trademark database, it fosters transparency in the market, aiding both consumers and businesses in identifying and safeguarding their distinct marks. Ultimately, the Trademark Act of 1999 plays a fundamental role in fortifying businesses’ unique identities and fostering a fair, competitive market environment in India.
