Trade Marks (Amendment) Act,2010
Section 1. Short title and commencement
TRADE MARKS (AMENDMENT) ACT,20101
[No. 40 OF 2010]
An Act to amend the Trade Marks Act,1999
Be it enacted by Parliament in the Sixty-first Year of the Republic of India as follows
Prefatory Note Statement of Objects and Reasons.
At present, a person desirous of obtaining registration of his trade mark in other countries has to make separate applications in different languages and pay different fees in the respective countries. There is no provision under the Trade Marks Act,1999 (hereinafter referred to as the Trade Marks Act) to facilitate Indian nationals as well as foreign nationals to secure simultaneous protection of trade marks in other countries.
2. The Madrid Protocol, administered by the International Bureau of the World Intellectual Property Organisation, a specialised agency of the United Nations, was adopted in 1989. The Madrid Protocol is a simple, facilitative and cost-effective system for international registration of trade marks. It enables the nationals of the Member countries of the Protocol to obtain protection of trade marks within the prescribed period of 18 months by filing a single application with one fee and in one language in their country of origin, which in turn is transmitted to the other designated countries through the International Bureau.
3. Accession to the Madrid Protocol entails amendments to the Trade Marks Act. For this purpose, it is proposed to suitably amend the Trade Marks Act and to incorporate therein a new Chapter IV-A containing special provisions relating to protection of international registration of trade marks under the Madrid Protocol. It is sought to empower the Registrar of Trade Marks to deal with international applications originating from India as well as those received from the International Bureau and maintain record of international registrations. Definitions of new terms are being given. It is further proposed to provide for the effect of international registration, duration and its renewal.
4. It is also proposed to remove the discretion of the Registrar to extend the time for filing notice of opposition of published applications and provide for a uniform time limit of four months in all cases. Further, with a view to simplify the law relating to transfer of ownership of trade marks by assignment or transmission and to bring the law generally in tune with international practice and modern business needs, Section 45 is proposed to be modified. It is also proposed to omit Chapter X of the Trade Marks Act dealing with special provisions for textile goods, as it has now become redundant.
5. The Bill seeks to achieve the above objects.
1. Received the assent of the President on September 21,2010 and published in the Gazette of India, Extra., Part II, Section 1, dated 22nd September,2010, pp. 1-4, No. 49
(1) This Act may be called the Trade Marks (Amendment) Act,2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.