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ARTICLE · 18 DECEMBER 2017

Trademarks Law In India - Everything You Must Know

The relief which a court may usually grant in a suit for infringement or passing off includes permanent and interim injunction, damages or account of profits, delivery of the infringing goods...

IndiaIntellectual Property

By
Vijay Pal Dalmia, Advocate
Supreme Court of India & Delhi High court
Partner: Vaish Associates Advocates
Email: [email protected] Mobile: +919810081079



Trademarks

Introduction

India's obligations under the TRIPS Agreement for protection of trademarks, inter alia, include protection to distinguishing marks, recognition of service marks, indefinite periodical renewal of registration, abolition of compulsory licensing of trademarks, etc.

With the globalisation of trade, brand names, trade names, marks, etc, have attained an immense value that require uniform minimum standards of protection and efficient procedures for enforcement as were recognised under the TRIPS. In view of the same, extensive review and consequential repeal of the old Indian Trade and Merchandise Marks Act, 1958 was carried out and the new Trade Marks Act, 1999 was enacted. The said Act of 1999, with subsequent amendments, conforms to the TRIPS and is in accordance with the

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