History of Indian Trademark Law

The Trademark Act 1940 was the first statute law on Trademarks in India. Prior to this Act Trademark was governed by common Law.Registering a Trademark was obtained by giving a declaration to ownership under the Indian Registration Act 1908. The above said enactment was amended by Trade Marks Amendment Act 1943. Initially the Trademark registry was a part of patent office, which was later separated to constitute a separate trademark registry. Thereafter the Act was amended by the Trade marks Amendment Act 1946.

The Trademark Act 1940 was replaced by the Trade and Merchandise Act 1958. The Trade and Merchandise Act 1958 was brought into force on 25th November 1959. Later on few minor amendments were carried repealing and amending Act 1960.

The Trade and Merchandise Act, 1958 was revised by a new Trademark Act 1999. The new process of new Trademark Act started with an intention to improve the Trademark Act in the fast developing economy. The main intention is to bring developments in trading and commercial practices, globalization of trade and industry. The new bill passed by both the houses which was assented by the President and became a new Act called Trademarks Act 1999.

The Trademark Act 1999 is governed by Trademark Rules 2002, it came into effect on 15th September of 2003.The Indian Trademark is now fully compatible with International standards of TRIPS Agreement.