About Trade Marks Registry
The evolution of trademark law in India has transitioned from British-era common law principles to a modern, globally aligned statutory framework.
| Timeline: Key Milestones in the Evolution of Trade Marks Law in India | ||||
| Year / Period | Event | |||
|---|---|---|---|---|
| 1877–1935 | During this period, trade marks were protected in India under common law principles, primarily through actions for passing off. No statutory system for registration of trade marks existed. | |||
| 1889 | The Indian Merchandise Marks Act, 1889 was enacted to provide penal provisions relating to false trade descriptions and fraudulent use of trade marks. | |||
| 1935 | Shri S. Venkateswaran, in a published work, drew attention to the difficulties faced by Indian traders due to the absence of a statutory system for the registration of trade marks and suggested the principal features of such legislation. | |||
| 1940 | The Trade Marks Act, 1940 (Act V of 1940) was enacted, providing for the registration and protection of trade marks in India for the first time through a comprehensive statutory framework. | |||
| 1941–1946 | Amendments were made to the Trade Marks Act, 1940 to address procedural matters, provide for a separate Trade Marks Registry, and enable reciprocal arrangements with Indian States. | |||
| 1953 | The Government of India appointed the Trade Marks Enquiry Committee to review the existing law relating to trade marks. | |||
| 1955 | Shri Justice N. Rajgopala Ayyangar submitted the Report on Trade Marks Law Revision, recommending consolidation and revision of the trade marks legislation. | |||
| 1958 | The Trade and Merchandise Marks Act, 1958 was enacted, consolidating and amending the law relating to trade marks and merchandise marks. | |||
| 1995 | India became a Member of the World Trade Organization and assumed obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). | |||
| 1999 | The Trade Marks Act, 1999 (Act 47 of 1999) was enacted, repealing the Trade and Merchandise Marks Act, 1958 and aligning the law with international standards. | |||
| 15 Sep 2003 | The Trade Marks Act, 1999 and the corresponding Rules were brought into force. | |||
| 2017 | The Trade Marks Rules, 2017 were notified, with a view to simplifying procedures and facilitating electronic filing. | |||
| Present | The administration of trade marks is carried out through electronic filing systems, online hearings and technology-assisted examination processes. | |||