For the protection of the interest of the trader and consumer, some definite symbol which marks out the origin of goods is to be attached with the goods. Such symbol is called a trademark.

1. The Trademarks Act, 1999
Legal Environment of Business

2. Prepared By
Manu Melwin Joy
Assistant Professor
Ilahia School of Management Studies
Kerala, India.
Phone – 9744551114
Mail – manu_melwinjoy@yahoo.com
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3. Introduction
• For the protection of the
interest of the trader
and consumer, some
definite symbol which
marks out the origin of
goods is to be attached
with the goods. Such
symbol is called a
trademark.

4. Definition
• A trademark is a visual
representation attached
to goods for the purpose
of indicating their trade
origins.

5. Salient features of trademark act, 1999
• Providing for registration of
trademarks for services.
• Providing for an appellate board
for speedy disposal of appeals.
• Transferring the final authority
relating to registration of
certification trade mark to
registrar.
• Providing enhanced
punishments for the offenses
related to trademarks.
• Increasing the period of
registration and renewal from 7
years to 10 years.

6. Functions of trademarks
• It identifies the product
and its origin.
• It guarantees its
established quality.
• It advertises the product.
• It creates an image of
the product in the minds
of the public particularly
consumers.

7. Registration of trademark
• Apply in writing to the registrar in the
prescribed manner for the registration
of trademark.
• Every application shall be filed in the
office of trade mark registry.
• On receipt of the application, the
registrar may accept or refuse to
accept the application.
• When accepted, the registrar shall
advertise it in the prescribed manner.
• Registrar will wait for three months
from advertising to know the
objections.
• After disposal of objections, the
registrar shall register the said
trademark with effect from date of
application.

8. Term of a trademark
• A unique feature of
trademark is its perpetual
life. Though initially the
registration of a trade
mark shall be for a period
of 10 years, it can be
periodically renewed and
can be used for indefinite
period unless it is removed
from register or prohibited
by court order.

9. Rights of the trademark holder
• To use the trade mark in relation
to goods or services in respect of
which the trademark is
registered.
• To transfer his rights through
license or assignment of his
trademark.
• To obtain legal relief against
alleged infringement of a
registered trade mark.
• To apply for correction of register
with regards to name, address or
description of registered
proprietor or to cancel the entry
of a trademark on the register.

10. Infringement of trademarks
• In order to constitute
infringement, following
requirements must be fulfilled.
– The person is not authorized to
use the trademark.
– The infringing trademark is
either similar or identical or
deceptively similar to the
already registered trade mark.
– The infringing trademark must
be used in the course of regular
trade in which the registered
proprietor or user is already
engaged.
– The use of infringing trademark
must be printed.

11. Legal remedies against infringement
• When there is an
infringement, the
aggrieved can file a suit
for infringement.
• In the case of falsification
of trademarks, criminal
proceedings can be
initiated in addition to
civil suit.

12. Assignment and transmission
• A registered trade mark is
assignable and
transmissible.
• The proprietor of a
registered trade mark can
assign his registered trade
mark by way of sale,
mortgage, lease or license.
• On death of the proprietor
of a registered trademark,
the trade mark shall be
transmitted to the legal
heirs.

13. Collective marks
• Whereas the trademark
belongs to an individual, a
collective mark belongs to
an association of persons,
other than partnership
firm.

14. Certification trade mark
• Certification trade mark
means a mark capable of
distinguishing the goods
or services in connection
with which it is used in
the course of trade which
are certified by the
proprietor.

15. Certification trade mark
• The features of certification
trade mark are
– It is a mark capable of
distinguishing the certified
goods or services from that are
not certified.
– It is a mark by which the
proprietor of certification trade
mark certifies the origin,
material, mode of
manufacturing of good or
performance of services.
– It is a mark which can be
registered as Certification trade
mark under the act and the
applicant as the proprietor of
certification trade mark.