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:
The Paris Convention:
The Paris Convention formulated for the Protection of Industrial Property and signed in Paris, therefore known as the Paris Convention for the Protection of Industrial Property. It is the oldest and prime international treaty about the protection of intellectual property. It was adopted in 1883 and has been revised several times. Some of its salient features are listed below:
All rights and privileges enjoyed by nationals of a signatory country (the country which has signed or is part of the Paris Convention) are enjoyed in other signatory countries (other member nations of the signed document) as well.
If a person has filed a trademark application in a signatory country, then the person can claim the filing date in other signatory countries but within the prescribed time period for filing in other countries.
Ensure that the citizens of any signatory country provided with certain protection of their rights in all other signatory countries. The rights include protection of well-known marks and protection of trade names deriving from unfair competition.
Madrid Protocol for the International Registration of Marks:
Madrid protocol is based on trademark and administered by the World Intellectual Property Organization (WIPO). According to this protocol, an owner of a trademark can protect the trademark in 118 countries along with the European Union by filing a single application, in a single language (English, French or Spanish), with a common set of fees, in only one currency (Swiss Francs). If an applicant wishes to use the Madrid system, then he must apply for the trademark first in the national or regional trademark office before thinking of obtaining an international protection. International registration made by utilizing the Madrid system produces the same benefits as in each contracting parties designated by the applicant.
The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) presented intellectual property rules for Trademarks for member countries of the World Trade Organization (WTO). The TRIPS came into force on January 1, 1995. Some of its features are:
It defines the types of marks which are eligible for protection.
It provides protection of the service marks.
It establishes the rights of trademark owners.
It confers protection for marks that are well-known in a particular country.
It defines the standards about the scope and use of intellectual property rights. The rights include copyright and related rights, trademarks, geographical indications, designs, patents, layout designs of Integrated circuits and many more.
India also follows some other treaties and agreements as well. These treaties include ‘Nice Agreement’ which establishes the classification of goods and services for the purposes of registering trademarks and service marks and ‘The Vienna Agreement’ which establishes a classification (the Vienna Classification) for marks that consist of or contain, figurative elements.