How is the Trademarks Act 1999 different from the Trade and Merchandising Marks Act 1958?

Enactment of the Trademarks Act 1999 is a big step forward from the Trade and Merchandise Marks Act 1958 and the Trademark Act 1940. The newly enacted Act has some features not present in the 1958 Act and these are:-

(i)Registration of service marks, collective marks and certification trademarks.

(ii)Increasing the period of registration and renewal from 7 years to 10 years.

(iii)Allowing filing of single application for registration in more than one class.

(iv)Enhanced punishment for offences related to trademarks.

(v)Exhaustive definitions for terms frequently used.

(vi)Simplified procedure for registration of registered users and enlarged scope of permitted use. (vii)Constitution of an Appellate Board for speedy disposal of appeals and rectification applications which at present lie before High Court.