Major
changes that have taken place in the Trade Marks Act, 1999 (in force since
a)
It has enlarged the definition of trade mark. It now includes shape of goods, packaging and
combination of colours which can adopted as a trade mark.
b)
The Act provides for registration of trade mark for
services in addition to goods
c)
It
provides for a single Register of Trade Marks with simplified procedures for
registration.
d)
The Act has simplified the procedure for registration
of registered user (licensing of registered trade mark)
e)
Provides for registration of collective marks owned
by association of persons.
f)
Provides for establishment of an Intellectual
Property Appellate Board for speedy disposal of appeal from Registrar orders
and decision
g)
Transferred the final authority for registration of
certification of trade marks to the Registrar.
h)
Provides for enhanced punishment for the offences
relating to trade marks on par with the Copyright Act, 1957 to prevent the sale
of spurious goods.
i)
Prohibits use of some one else’s trade marks as part
of corporate names or name of business concern.
j)
Provides for filing of a single application for goods
or services falling in more than one class (multi class filing)
k)
Increased the period of registration and renewal from
7 yrs to10 yrs
l)
Has made some trade mark offences cognizable
m)
The Act has amplified the powers of the court to
grant ex parte injunction in certain cases
n)
There are other related amendments to simplify and
streamline the administration of the trade marks law and procedures in the
country.