(Taking advantage of the New Indian Trademark Act, 1999 for registering your International Trademark in India)

What is a trademark?
Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours.

Why register?
Registration of a trademark gives to the registered proprietor the exclusive right to use the trademark in relation to the goods and services with respect to which the trademark is registered. After having a trademark registered, any infringement of the trademark gives an individual a right to approach the courts for relief. An infringement of an unregistered trademark gives rise to no cause of action in India. Even if an individual does not have any present interest in business in India, having a registered trademark is an advantage, whenever the need may arise.

Some other salient features of the Trade Mark Act, 1999:

· The Act provides for the registration of service marks.
· Registration of Trade Mark is valid for 10 years.
· Wider protection against the infringement of Trade Mark.
· An infringement action can be initiated where the Trade Mark owner is situated.
· An Unregistered Trade Mark can be assigned.

Do individuals of certain countries get any privileges while registering trademarks in India?
India has declared certain countries as convention countries, which offer to the citizens of India similar privileges as granted to its own citizens. A person from a convention country may, within six months of making an application in his or her home country, apply for registration of the trademark in India. If such a trademark is accepted for registration, such foreign nationals will be deemed to have registered his or her trademark in India, from the same date on which he or she made an application in his or her home country.