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Home » Trademark Law
Trademark Law
In India, the Trademark law is governed by Indian Trademark Act, 1999. Trademark is basically a sign or mark by which the trader or manufacturer or service provider distinguishes his goods or services from that of others. Trademark is like a property which is entitled to protection under law. Thus the law which defines the right of trademark holder and which protects his rights from being infringed is Trademark law. The law pertaining to trademark has a long and vast history of more than two hundred years. The first Act concerning trademark was established in the year 1883 in England. However due to some loopholes it was repealed by the Trademarks Act of 1905. The 1905 Act contained major portion of 1883 Act. The 1905 Act was further amended in 1919 and 1938. In India there was no special law governing Trademark before 1940. The affected people used to take recourse to Specific Relief Act and Indian Penal Code. The first pure law concerning trademark was established in the year 1889 which was followed by Trademarks Act, 1940.But with the rapid growth in commerce and industry there was an immediate requirement to amend the laws of 1940 Act. Thus the parliament of India passed the Trade and Merchandise Act in the year 1958. Almost for 41 years the act remained in force but with the passing of time and to fulfill the obligation under TRIPs agreement a need was felt to introduce new rules and regulations concerning Trademark which ultimately led to the enactment of Trademark Act, 1999. Business Query Form