Indian Trademark Law evolution based on different Significant Treaties and Convention related to Trademark
India has been a signatory to the treaties and conventions associated with trademark law. The treaties signed and its goals and policies followed by all member nations. Some of the treaties associated with the trademark law to which India has been a signatory are:
Indian Trademark Law evolution over the years
The existence of trademark traces back to the ancient civilizations of the ancient Indian period including ancient Mohenjo-Daro and Harappa civilizations (around 3500-2500BC) and many more. Also, traces were found in the Indus Valley civilization. The Sumerian traders of Indus merchants used to stamp their properties with seals. It had been found that more than 2000 seals of the trader’s in the Indus cities & Mesopotamia were left by the overseas traders. Other evidence of trademark is from the seals used by the Sindhu merchants as the trademark by impressing them on clay tags to label their goods.
Treaties and convention related to Patents to which India is Signatory
There are many treaties and conventions related to the patent field of which India has been a signatory. Generally, the treaties signed and its policies followed by all member nations. Some of the treaties to which India has been a signatory are:
Evolution of the Indian Geographical Indication Protection system
The first ever Geographical Indication system used in France from the early part of the twentieth century, known as appellation origin controlee (AOC). The items that met geographical origin and quality standards got endorsed with a government-issued stamp that acted as an official certification of the origins and standards of the product to the consumer. Examples of products that have such ‘appellations of origin’ include Gruyère cheese (from Switzerland) and many French wines.
Evolution of the Indian Design System
The history of the industrial design law dates back to the latter part of the 18th century. The first instance of its origin found in the United Kingdom with the Designing and Printing of Linen Act in the year 1787. The act introduced to protect the designing and printing of linen and cotton for a limited protection of the designs. The Copyright and Design Act passed in the year 1839 for increasing the protection given to fabrics and textiles by extending the law according to the modern design. The act of 1842 consolidated all earlier acts and provided a higher level of protection and increased the remedies for infringement. Thereafter in the year 1883, a single consolidated and amendment act passed by the parliament of the United Kingdom, clinching designs, patents, and trademarks.
Evolution of the Indian Trademark System
The history of the trademark in India dates back to the 18th century, although some form of proprietary protection for marks in India dates back to millennia. The India statutory Trademarks Law dates back to 1860 but there was no official Trademark law in India before the year 1940. Earlier, the problems related to infringement and passing off resolved with the help of Section 54 of the Specific Relief Act, 1877 and the registration done by obtaining a declaration as to the ownership of a trademark under Indian Registration Act, 1908.
Evolution of Indian Copyright System
The world’s first copyright law was the Statute of Anne enacted in the year 1710 in England. The Act introduced the concept of providing an author (of any work), a reward for being the owner of its copyright and laid out fixed terms of protection. Following this Act, copyrighted work to be deposited at specific copyright libraries and registered at Stationers’ Hall. There was no automatic copyright protection for unpublished works.
How has Indian Patent System evolved over the years?
The origination or birth of the patents took place way back in the fourteenth and sixteenth century. The word ‘patent’ was derived from the Latin word ‘patere’ which means “to lay open”. The first recorded patent granted to John of Utynam for making stained glass. In 1449, John received a 20-year monopoly for a glass-making process previously unknown in England. In return, John had to teach this process to native Englishmen. The history of patent law is known to have started with the Venetian Statute of 1474 and the 1624 English Statute of Monopolies. The U.S. Congress passed the first Patent Act on April 10, 1790, titled as “An Act to promote the progress of useful Arts”. The first official patent granted to Samuel Hopkins on July 31, 1790 for a process of making potash (potassium carbonate).
Step by step process for Trademark searching on official Indian Trademark database
A person who is trying to seek for registration of his mark must conduct a thorough trademark search to make sure that his mark, logo or sign is not similar or infringes on someone else’s registered trademark. Conducting a trademark search is easy and less time-consuming as compared to other types of searches related to Intellectual Property. If a company in India wants to conduct the trademark search, he can do it on the IP India website ‘www.ipindiaonline.gov.in’. The IP India website provides the information about all the registered, abandoned and removed trademarks till date. For initiating the trademark search, the person must go in the trademark section by clicking on Trademarks on the home page. After arriving in the trademarks section, the user must select the Public Search option.
How to conduct a trademark search?
The trademark search can be conducted in two ways. One way is to conduct the search on your own and the other way is by appointing a lawyer or a searcher specialized in searching of the trademark. The prior art for the trademark can be searched on various free or paid databases.