Intellectual
property rights in India cover areas like trademark, copyright,
patent, geographical indications, etc. As far as the trademarks
law of India is concerned, the Trade Marks Act, 1999 (TMA 1999)
and the corresponding Trade Marks Rules, 2002 (TMR 2002) regulate the
legal framework pertaining to trademarks in India. It also regulates
the national and international trademark
registration in India. The TMA 1999 also regulates the convention
application under Indian trademark law.
Of late international aspects of brand
protection and trademark protection have assumed a centre stage
in India. Trademark
and brand protection under new gTLDs registration by ICANN is a
very challenging aspect. The most important question to be asked
these days is whether your brand
and trademark is violated by new GTLDs?
Another significant aspect of international
trademark protection pertains to adoption and implementation of
Madrid Agreement and Madrid Protocol. International
registration of trademarks under Madrid Agreement and Madrid Protocol
has attracted the attention of international companies and trademark
stakeholders.
However, India has still not ratified the Madrid Protocol and accession of the same is still pending in India.
Although India has enacted the Trademark (Amendment) Act, 2010 yet
the same has not been notified so far. In the absence of the same,
the proposed Act has no value.
Answering to a question in Parliament of India in
the current monsoon session (August-September 2012) of the
Parliament, the concerned minister has informed that the accession
(proposed notification of Trademark rules under the Trademark
(Amendment) Act, 2010 would enable the Indian companies to register
their trademarks in the member-countries of the Protocol through a
single applications as well as allow foreign companies to register
their trade marks in India, within a specific timeframe i.e. 18
months.
At present, there are 86 contracting parties to the
Protocol. Under the Trademarks (Amendments) Act, 2010, the Head
Office of the Trade Marks Registry (which is at Mumbai) or such
branch of the Trade Marks Registry as the Central Government may by
notification in the Official Gazette specify, will deal with the
international applications.
