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The law of trademark in India before 1940 was based on the common law principles of passing off and equity as followed in England before the enactment of the first Registration Act, 1875. [3] The first statutory law related to trademark in India was the Trade Marks Act, 1940 which had similar provision to the UK Trade Marks Act, 1938.
The Geographical Indications of Goods (Registration and Protection) Act, 1999 (GI Act) is a sui generis Act of the Parliament of India for protection of geographical indications in India. India, as a member of the World Trade Organization (WTO), enacted the Act to comply with the Agreement on Trade-Related Aspects of Intellectual Property ...
One disadvantage of the Madrid system is that any refusal, withdrawal or cancellation of the basic application or basic registration within five years of the registration date of the international registration will lead to the refusal, withdrawal or cancellation of the international registration to the same extent.
The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) generally known as the Indian Patent Office, is an agency under the Department for Promotion of Industry and Internal Trade which administers the Indian law of Patents, Designs and Trade Marks.
In Indian trademark law, the first user of an unregistered trademark has priority over a later user who registers the trademark if it can be proven that first use predated trademark registration. [7] Registering a trademark gives the owner the exclusive right to use it, unless another entity's prior use can be established.
The Trademark Law Treaty (TLT) is a 1994 treaty entered into by a large number of countries establishing procedures for recognizing trademarks registered in other member countries. It operates under the auspices of the World Intellectual Property Organization .