MARK INNOVATORS

INTRODUCTION
The Indian Trade and Merchandise Marks Act was passed in the year 1958, since then it has been amended several times. Moreover in view of developments in trading and commercial practices, increasing globalization of trade and industry, the need to encourage investment flows and transfer of technology and the need to simplify and harmonize trade mark management systems, it has been considered necessary -to bring out a comprehensive legislation on the subject. Accordingly the Trade Marks Bill, 1999 was introduced in the Parliament.

STATEMENT OF OBJECTS AND REASONS
The Trade and Merchandise Marks Act, 1958 has served its purpose over the last four decades. It was felt that a comprehensive review of the existing law be made in view of developments in trading and commercial practices, increasing globalization of trade and industry, the need to encourage investment flows and transfer of technology, need for simplification and harmonization of trade mark management systems and to give effect to important judicial decisions. To achieve these purposes, the present Bill proposes to incorporate, inter alia the following, namely:

(a) Providing for registration of trademark for services, in addition to goods;
(b) Registration of trademarks, which are imitation of well-known trade marks, not to be permitted, besides enlarging the grounds for refusal of registration mentioned in clauses 9 and 11. Consequently, the provisions for defensive registration of trademarks have proposed to be omitted;
(c) Amplification of factors to be considered for defining a well-known mark;
(d) Doing away with the system of maintaining registration of trade marks in Part A and Part B with different legal rights, and to provide only a single register with simplified procedure for registration and with equal rights;
(e) Simplifying the procedure for registration of registered user and enlarging the scope of permitted use;

(f) Providing for registration of "Collective Marks" owned by associations, etc.
(g) Providing an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High Courts;
(h) Transferring the final authority relating to registration of certification trademarks to the Registrar instead of the Central Government;
(i) Providing enhanced punishment for the offences relating to trade marks on par with the present Copyright Act, 1957, to prevent the sale of spurious goods;
j) Prohibiting use of someone else's trademarks as part of corporate names, or name of business concern;
(k) Extension of application of convention country to include countries, which are members of Group or union of countries and Inter-Governmental Organisations;
INTRODUCTION
(1) Incorporating other provisions, like amending' the definition of "trade marks", provisions for filing a single application for registration in more than olle class, increasing the period of registration and renewal from 7 to 10 years; making trade mark offences cognizable, enlarging the jurisdiction of courts to bring the law in this respect on par with the copyright law, amplifying the powers of the court to grant ex-parte injunction in certain cases and other related amendments to simplify and streamline the trade mark law and procedure.
2. In view of the extensive amendments necessitated in the Trade and Merchandise Marks Act, 1958, it has been thought fit to repeal and re-enact the said Act incorporating the necessary changes.
3. The Bill seeks to achieve the above objects.

ACT 47 OF 1999
The Trade Marks Bill, 1999 having been passed by both the Houses of Parliament received the assent of the President. It came on the Statute Book as THE TRADE MARKS ACT, 1999 (47 of 1999).

The Trade Marks Rule, 1999
The new Trade Marks Rule, 1999 has envisaged new enhanced fee in all services from registration to rectification of the Trademark. The government fee for filling has been increased to manifold after the lapse of more then Ten years. The increase of filing fee will not only increase the government exchequer but also will help in increasing the facilities of providing satisfactory services to the applicants in consonant or at par to the International standards and further recently the time factor of registering the mark in India has also been decreased considerably after improving the working condition of the Trade Mark Registry.

In future further services will improve in the Trade Mark Registry, in view of the increased filing fee as well as miscellaneous fee for the services provided by the Trademark registry in India.