Law of Trade Marks (Including International Registration under Madrid Protocol and Geographical Indications)

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Description
The significant development in the administration of Trade Marks law since publication of the last edition in 2013 is the promulgation of new set of Trade Marks Rules, 2017, repealing in to the earlier version of Trade Marks Rules, 2002. The new rules came into force from 6th March, 2017, applicable without prejudice to anything done before under the old rules.
The present edition deals with not only important decisions by Courts, IPAB and Registrar since 2013, but also covers all the latest changes made in the procedural rules at the appropriate places in the commentary.
The salient features of the new rules briefly are:
•   The number of forms appear to have been drastically reduced. In reality, however, one and the same form is sought to be used for multiple purposes.
•    Applicants for registration of trademarks are classified under 2 distinct categories, namely: Individual/startup/small enterprise in the first category and the rest under 'in all other cases' category [The terms 'startup' and 'small enterprise' are defined in the new rules]. The classification is mainly to prescribe lower level of fee for applicants coming under first category and for this purpose the applicant has to be duly certified as falling in the first category by the competent authority which is a cumbersome process. Applicant might find it convenient to forego the concession in fee rather than getting to the competent authority for certification.
•    Again quantum of fee is differently prescribed, depending upon whether it is 'physical filing' or 'e-filing', and this will encourage the important objective of e-filing.
•    Where the use of the trademark is claimed prior to the date of application, the applicant is required to file an affidavit to prove such use along with supporting documents -an intractable position, putting the applicants to greatest care at the starting point itself.
•    Procedure for expedited processing of application simplified, which is definitely an improvement.
•    Time limits for various proceedings, such as for filing evidence in support of application/opposition etc. are tightened.
•    Hearings in any proceeding may be held through video conferencing or other audio visual communication devices.
•    A new provision, enabling any person to apply to Registrar to determine the trademark as well known, which did not exist before, has been incorporated in the Rules.
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Contents
Part I - The Trade Marks Act, 1999 [Act No. 47 of 1999]
    Chapter I - Preliminary
    Chapter II - The Register and Conditions for Registration
    Chapter III - Procedure for and Duration of Registration
    Chapter IV - Effect of Registration
    Chapter IVA- Special Provisions relating to Protection of Trade
                          Marks through International Registration under
                          the Madrid Protocol
    Chapter V - Assignment and Transmission
    Chapter VI - Use of Trade Marks and Registered Users
    Chapter VII - Rectification and Corporation of the Register
    Chapter VIII - Collective Marks
    Chapter IX - Certification Trade Marks
    Chapter X - Special Provision for Textile Goods
    Chapter XI - Appellate Board
    Chapter XII - Offences, Penalties and Procedures
    Chapter XIII - Miscellaneous
Part II - The Geographical Indications of Goods (Registration and Protection Act, 1999)
    Chapter I - Preliminary
    Chapter II - The Register and Conditions for Registration
    Chapter III - Procedure for and Duration of Registration
    Chapter IV - Effect of Registration
    Chapter V - Special Provisions Relating to Trade Marks and Prior Users
    Chapter VI - Rectification and Correction of the Register
    Chapter VII - Appeals to the Appellate Board
    Chapter VIII - Offences, Penalties and Procedure
    Chapter IX - Miscellaneous
Appendices
    Part I - Indian Acts, Rules, Guidelines & Notifications
    Appendix 1 to 13
    Part II - UK Acts, EC Directives, International Treaties, Conventions, International
    Classification of Goods (NICE), Etc.
    Appendix 14 to28
    Part III - Geographical Indications, Act, Rules and Guidelines
    Appendix 29 to 32
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Author Details
K.C. Kailasam
Ramu Vedaraman
Anuradha Ramu