BE it enacted by Parliament in Sixty-first Year of the Republic of India as follows:-
S. 1. Short Title and Commencement. –
- This Act may be called the Trade Marks (Amendment) Act. 2010.
- it shall come into force on such date as the Central Government may, by notification in the Official Gazette, Appoint.
NOTES
The Trade Marks (Amendment) Bill, 2010 (1=Bill no. 106 of 2009) has been passed by both the Houses of Parliament. This Bill, which was considered by the Standing Committee of Parliament on Industry in the light of written memorandum and oral evidence tendered by representatives from interested circles, largely incorporates the recommendations made by the committee.
The purpose of the Amending Bill is explained in the Statement of Objects and Reasons appended to the Bill thus:
STATEMENT OF OBJECTS AND REASONS
1.At present, a person desirous of obtaining registration of his trade mark in other countries has to make separate applications in different languages and pay different fees in the respective countries. There is no provision under the Trade Marks Act. 1999 (hereinafter referred to as the Trade Marks Act) to facilitate Indian nationals as well as foreign nationals to secure simultaneous protection of trade marks in other countries.
2. The Madrid Protocol, administered by the International Bureau of the World Intellectual Property Organisation, a specialized agency of the United Nations, was adopted in 1989. The Madrid Protocol is a simple, facilitative and cost-effective system for international registration of trade marks. It enables the nationals of the Member countries of the Protocol to obtain protection of trade marks within the prescribed period of 18 months by filing a single application with one fee and in one language in their country of origin, which in turn is transmitted to the other designated countries through the International Bureau.
3. Accession to the Madrid Protocol entails amendments to the Trade Marks Act. For this purpose, it is proposed to suitably amend the Trade Marks Act and to incorporate therein a new Chapter IVA containing special Provisions relating to protection of international registration of trade marks under the Madrid Protocol. It is sought to empower the Registrar of Trade Marks to deal with international applications originating from India as well as those received from the International Bureau and maintain record of international registrations. Definitions of new terms are being given. It is further proposed to provide for the effect of international registration, duration and its renewal.
4. It is also proposed to remove the discretion of the Registrar to extend the time for filing notice of opposition of published applications and provide for a uniform time limit of four months in all cases. Further, with a view to simplify the law relating to transfer of ownership of trade marks by assignment or transmission and to bring the law generally in tune with international practice and modern business needs, section 45 is proposed to be modified, It is also proposed to omit Chapter X of the Trade Marks Act dealing with special provisions for textile goods, as it has now become redundant.
5. The Bill seeks to achieve the above objects.
Scope Legislation
As explained in the Statement of Objects and Reasons the Amending Legislation is mainly intended to facilitate India’s accession to the Madrid Protocol, administered by the International Bureau of World Intellectual Property Organisation, a specialized agency of the United Nations. The Madrid Protocol is a simple, Facilitative and cost-effective system for international registration of trade marks. It enables the nationals of the Member countries of the Protocol to obtain protection of trade marks within the prescribed period of 18 months by filing a single application with one fee and in one language in their country of origin, which in turn is transmitted to the other designated countries through the International Bureau.
A New Chapter IVA is added to the existing act containing special provisions relating to protection of international registration of trade mark under the Madrid Protocol. Consequential amendments in the Act have also been made in Sections 11, 150 and 157 of the Act.
Taking opportunity of the amendments for the above purpose, amendments have also been made to Sections 11, 21, 23 and 45 of the Act. Also Chapter X of the existing Act relating to ‘Special provisions for textile goods’ [in sections 79 to 82] has been omitted from the Act since these provisions have served the purpose and no longer required in the Act. Section 1 enables the Central Government to notify in the Official Gazette the date on which the provisions of this Act will come into force. Obviously this will be done after finalization of the amendment Rules to be framed, after the legislation become an Act in due course.
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