Government recently passed a law amending the Trademark Act 2009. On November 21, 2015 it was published on the gazette.
This is a minor amendment. Highlights of the changes are-
Section 3: Trademark Registry wing of Department of Patents, Designs and Trade Marks is renamed as Trademark Unit.
Sub section 10(5): this sub section prohibits registration of trademark which violates “well-known registered trademark”. New amendment includes “similar or confusingly similar or translation of trade description of a well-known registered trademark”.
Sub section 10(6): this subsection states that in determining whether a mark stating in sub-sections (4) and (5) of Section 10 is well known, the knowledge of the mark among the “consumers” shall be taken into account. The word “consumers” is replaced with “consumers and sellers”.
Sub section 18 (5) and 18(6): these two sub sections empower the Registrar to decide whether registration is to be permitted and whether such permission shall be or not subject to conditions or limitations. The amendment extend the power of the Registrar. Register now can – a) accept the application; b) reject the application with mentioning reason; and c) accept with amendment, modifications, conditions or limitations as s/he thinks fit.
Sub section 18 (8): this section requires that all opposition relating activities for registration shall be concluded within 120 (one hundred and twenty) working days after giving notice under sub-section (1) of section 18. The time limit extended to 330 (three hundred thirty) days.