Get to know about benefits of trademark law

Trademark law and its Benefits

With globalization and obligations under the TRIPS agreement, the Intellectual property (IP) rights were provisioned. These laws ensured safeguarding the legal rights for a person or business recognition of service marks, indefinite periodical renewal of registration, abolition of compulsory licensing of trademarks, etc. One of the important acts for intellectual property is the Trade Marks Act, 1999. The Trademark Law India intents to protect such individuals or business to encourage economic growth, innovation, economic besides ensuring ease in doing business.  Individuals or group of individuals could procure legal rights for any brand, invention, design, or other kind of creation.


Trademark Law India


Krida Legal a renowned legal firm known for years of expertise in safeguarding Rights of trademark holder in India elaborate that Section 135 of the Trade Marks Act also recognizes violation of infringement as well as passing off actions as well. 

Some of the other areas under the intellectual property rights are:                             

  1. Industrial Designs
  2. Geographical Indications
  3. Layout Designs of Integrated Circuits
  4. Patents
  5. Copyrights and Related Rights
  6. Plant Varieties
  7. Information Technology and Cyber crimes
  8. Data Protection

 

The 1999 Trademarks Act and the Trademarks Rules of 2002 and 2017 together comprise of the Trademark Law India.  The trademark Law is in accord with international practices and systems. Stricter laws with prescribed civil and criminal procedures against infringement and passing off has ensured empowerment against violations. When the exclusive rights of the registered proprietor are observed to be violated by non-permitted individual or business an Infringement of trademark is observed which is safeguarded by this law.  Passing off is observed in case of an unregistered user. This law also helps in combating some of the common issues such as cybersquatting. Under the ambit of intellectual rights, registration of a trademark takes a duration of around two year and is valid till the next ten years. It can be renewed for another ten years till an indefinite period.

Contact KRIDA LEGAL to understand the Rights of trademark holder in India and file petition in case of infringement or passing off.

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