1. Trade Marks Act, 1999
The new Trade Marks Act, 1999 and the Rules 2000 will come into force in India with effect from 15th September, 2003. These are in compliance with the TRIPS. Some of the salient features of the new act are :
v It provides for filing of multi-class applications
v It provides for registration of Service Marks - 8 new classes have been added
v The term of registration of the mark is now 10 years from previous 7 years
v It recognizes the concept of Well Known Trade Marks
v Trade Mark registration will now cover even colour, shape and packaging
v Appeals from orders passed by the Registrar will now have to be filed before the Appellate Board and not in the High Court. Existing appeals (Petitions) pending before the High Court will also be transferred to the board
v A substantial increase in the quantum of Official Fees for filing an application for registration of a trade mark from Rs.300/- to Rs.2500/-
v Assignment of unregistered trade mark without goodwill permitted
v Jurisdiction for filing suits for infringement has been changed and one can now file suits in the District Court/High Court having jurisdiction where the Plaintiff carries on business or resides
2. Claiming Priority
The Government has notified several WTO and Paris Convention signatory countries for claiming 6 months priority.
3. Royalties
The Government has now permitted payment of royalties to the extent of 2% on the exports and 1% on domestic sales to foreign companies for permitting the use of their trade marks in India.