Trademarks Act, 2009

No. 56 (M:L:) (L:P:) (P:P)/Law-Vetting-16-2010

This Act of 1940 was replaced by the Trademarks Act, 2009 which was promulgated to amend and consolidate the law relating to trademarks and unfair competition and to provide for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks, and for matters ancillary thereto.
A trademark may be registered in respect of the certain class of goods, or, services by complying the requirements determined for the respective class or classes
For the purpose of this Act, a book or record to be called Register of Trademarks shall be kept at the Trademarks Registry wherein all registered trademarks with the names, addresses, and descriptions of the proprietors, notifications of assignments and transmission, the names, addresses and descriptions of registered user, disclaimers, conditions, limitation and such other matters relating to registered trademarks shall be recorded in writing in prescribed manner.
No trademark shall be registered in respect of any goods or description of goods or in respect of any services or description of services which is identical with or deceptively similar to a trademark which is already registered in the name of a different proprietor in respect of the same goods or description of goods or in respect of the same services or description of services, as the case may be.

This act shall be deemed to have come into force on 01 July, 2008