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Trademark Indian History

 Trademark Indian History

Trademark is considered as a visual symbol in a word form or form of a color, label, applied to a product is manufactured by a particular person or organization with a definite source of origin and subsequently to differentiate that product from that of any other's person's or organization's product of similar type and function. 

 Trademark can be defined under, the trademark act 1999, section 2(1)(m), defines, that trademark must be a mark that includes a device, a brand heading, label, ticket, name, signature, word, letter, the numeral shape of goods, packaging or combination of colors or any combination thereof. section 2(10(ZB), also describes the trademark. 

Trademark laws were introduced in the year, 1860. before 1940 there was no official trademark law in India but in India, there were various problems arose on infringement, the law of passing off, etc these were solved by the application of section 54 of the specific relief act 1877, and the registration was obviously adjudicated by obtaining a declaration as to the ownership of a trademark under Indian Registration Act 1908. 

Indian trade act was passed in 1940, it was done to aforesaid difficulty. This act was similar to the English trademarks act. In the 19th century, it was seen that there was a major need for a trademark in trade and commerce. This act was replaced in the year 1958 by the trademark and Merchandise act 1958. This act was to provide for registration and better protection of trademarks and prevention of the use of fraudulent marks on merchandise.  It also enables the registration of a trademark to get the legal right to the exclusive use of the trademark. The basic purpose of this act was easy registration and better protection of trademarks and to preventing fraud.

The defaults in the trademark and merchandise act gave rise to the trademark act 1999, this was done by the government to comply with the TRIPS obligation as stated by the world trade organization. The objective of this act was to confer protection to the user of the trademark on his goods and prescribe conditions on the acquisition, and legal remedies for enforcement of trademark rights. 

 This act provided various other rights such as registration for collective marks, it also differentiated between the well-known trademark and trademarks in general, and it also provided special treatment and rights. The act of 1999 also gives the right to arrest in case and infringement.  This act also provided an exhaustive definition of terms used, enhance the offender's punishment, it also provides an increased the time period for registration. There are two types of acts that govern the Indian trademark laws, known as acts of 2003 and 1999.


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