TRADEMARKS
The Trade Marks Act, 1999 was brought into force on September 15, 2003. Its salient features are:
· Filing of multiclass applications
· Registration of service class
· Registration of collective marks
· Widening the definition of trade mark by including shape of goods, packaging and combination of colours
· Protection of well-known trade marks and tests for determination of such marks
· Single Register of trade marks instead of two parts-Part A and Part B
· Assignment of unregistered trade marks without goodwill of business
· Recognition of use of a registered trade mark by an unregistered licensee
· Enlargement of term of registration to ten years
· Widening of scope of infringement of registered trade marks to cover dissimilar goods, services, provided the registered mark has a reputation in India
· Creation of Intellectual Property Appellate Board to hear appeals from the decisions of the Registrar
The Trade Mark Rule, 2002 have been amended vide notification dated May 20, 2010 to expand the specification of services from class 42 to class 45.