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The Trademarks Act 1999

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The Trademarks Act 1999
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Sunanda K. Chavan
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The Trademarks Act 1999 - October 28th, 2010

The Trade and Merchandise Marks Act, 1958
It had served its purpose and review of the existing law was necessary because of developments in trading and commercial practices, increasing globalization of trade and industry, etc. a need for simplification and harmonization of trademark and to give effect tp important judicial decision.
Hence the Trademark Act, 1999 incorporated the following:
1. The registration of trademarks for services in addition to goods.
2. Registration of trademarks which are imitation of well known trademarks not to be permitted.
3. Simplified procedure for registration with equal rights.
4. Enhancing punishment for the offences relating to trade marks.
5. Appointing an Appellate Board for speedy disposal of appeals.
6. The final authority for registration of certification trademarks to the Registrar instead of the Central Government.
Certain Draft Rules were published in the exercise of powers given in the Trademarks Act 1999. These Draft Rules were called the Trademarks Rules 2002. These rules give in detail the explanation of the terms used, along with the procedure for registration of Trademarks application, about renewal, etc.
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