Trade Marks Act, 1999

Features of the Trademark Act, 1999

1. Introduction of Service Trade marks
   The Trade mark act introduced the registration of Trademark in services which was earlier limited to only goods [Section 2(1)(z)].
   It is obligatory for India to provide protection to service trademarks under the Paris Convention (Article 1(2), read with Article 6) and registration of service trademarks under the TRIPS Agreement (Article 15(1))

2. Expansion of Trademark Definition
   The Trademark Definition is expanded to include shape of goods, their packaging and combination of colors. [Section 2 (1)(zb)]

3. Registrability simplified (Section 9(1)(a) and Proviso)
   In earlier Act, Trade and Merchandise Marks Act, 1958 Trademarks were divided into two Registration categories.

   Part A - Adopted to Distinguish
   The Registration Standard in part A was that Marks must be adapted to Distinguish.
   For ex. Made up words
   These marks enjoyed maximum rights and privileges.

   Part B - Distinguish by fact in use
   These marks were not Adopted to Distinguish, but functioned enough to distinguish goods from other goods.
   These marks enjoyed lesser protection compared to Part A Mark.

Under the Present law, Division of Trade marks in two parts and “Adapted to Distinguish” standard is removed.
Now for Registration, A Trade Mark should be able to Distinguish, which is similar to Part B standard in earlier Act and these marks have complete protection.