Intellectual PropertyAct No. 47 of 1999In Force

The Trade Marks Act, 1999

Provides for registration and protection of trade marks for goods and services, prevents unauthorised use of marks, and defines the remedies available for trade mark infringement and passing off. India is a member of the Madrid Protocol and the Nice Classification system is used for classification of goods and services.

Sections

159

Schedules

Ministry

Ministry of Commerce and Industry (DPIIT)

Last Amended

2010-01-01

Key Provisions

→Registration of trade marks: 10-year term, renewable indefinitely

→Absolute and relative grounds for refusal of registration

→Well-known trade marks and enhanced protection

→Infringement and passing off — civil and criminal remedies

→Honest concurrent use and prior use rights

→Registered user and licensee provisions

→Madrid Protocol: international registration

→Trade Marks Registry: opposition and cancellation proceedings

Related Practice Areas

intellectual-property corporate-advisory startup-legal

trademarktrade markbrand protectioninfringementpassing offregistrationMadrid Protocol

Section-by-Section Reference

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Free Consultation

Indian government legislation is in the public domain under S.52(1)(q) of the Copyright Act, 1957. This reference is for educational purposes. Laws are amended frequently — verify the current text on the e-Gazette of India before relying on it for legal proceedings.