What is Trademark ActThe law that governs the trademarks for products manufactured is known as Trademark Law. The trademark law definition includes services and products but does not provide for products' color, shape or packaging. In India, the trademarks and its registration is governed under The Trade Marks Act, 1999. In 2003, this act came into force and replaced the Trade and Merchandise Marks Act, 1958. In comparison to trademarks in general, more protection is provided to a well known or popular trade mark. It is natural to be curious about what is trade mark law. To gain maximum protection legally, in India, a trade mark should be registered under the trademark law. Exclusive rights are gained when trademark is successfully registered by an organization or a company. These exclusive rights are guaranteed under the Trademark Act, India.
Different types of trademarks can be registered under this act like Product trademark, collective trade mark, service trade mark and Certification trade mark. Trade mark rules, 2002 governs the new legislation. Many things are kept in mind while allowing registration of Trade Mark. One of them is denying registration of trade mark that is quite similar to other popular trade mark. The fee for the registration under new statute is eight times high than the earlier one. Also, it is a cognizable offence to violate the provisions of the act.
To avoid any problems while getting Trade mark registered, it is better to consult an attorney or any other suitable professional who can give sound advice and guidance in the matter.