Mumbai Trademark a part of Delhi Trademark

Mon - Sat: 9:00 - 19:00

info@delhitrademark.com

0965-041-0410

Mobile Number

011-2281-6711

011-2281-5016

Trademark Act

The trade marks law in India previous to 1940 was based on the common law system, which was obeyed in England by means of the enactment of the primary Registration Act, 1875.

The initial legislative law trading with trade marks in India was the Trade Marks Act, 1940 that introduced a machinery for the registration and constitutional protection of trade marks in India.

The Act of 1940 was replaced by the Trade and Merchandise Mark Act, 1958 which that consolidated the provisions associated with trademarks enclosed in additional statutes such as the Indian civil code, 1860, the Criminal Procedure Code, 1973 and the Sea Customs Act, 1878.The Trade Marks Act, 1999 later revoke the Trade and Merchandise marks Act, 1958 and is that the existing governing law linked to registered trademarks.

The 1999 Act was enacted to fulfill with the provisions of the TRIPS Agreement, 1995.Although some provisions for unregistered trademarks have been enacted into the 1999 Act, they are mainly governed by the common law rules rooted in principles evolved out of the judgments of courts.