RECENT DEVELOPMENTS IN TRADEMARK LAW IN INDIA.

Introduction

In India, the TMO is in a vulnerable position. On the one hand, the TMO has been on a goal to
clear its backlog, not so much in terms of the previous backlog as in terms of speeding and
conducting trademark proceedings in a more structured manner. The TMO, on the other hand,
has been delegating the crucial role of hearings to examiners who have been denying numerous
trademarks in its rush to expedite.

The aim of a trademark, is to protect the mark of a product or a service. As a result, a trademark
is defined as a mark capable of being represented graphically and capable of distinguishing one
person's goods and services from those of others, and may include the shape of goods, their
packaging, and a combination of colors. They may also include a device, brand, heading, label
ticket, name, signature, word, letter, number, and shape of goods, packaging, or any combination
thereof. 

Although trademark registration is not required, given the rise in trademark infringement and the
number of cases being challenged, it is advised to do so. Trademarks must also be safeguarded
on a worldwide scale. This is because most have regional or local name brands, which they
actively promote while attempting to obtain worldwide clearance.

Law in India

The new Trademark Regulations, which came into force on March 6, 2017, have brought a new
era to unconventional trademark registration. The new Trademark Regulation provides for the
registration of sound marks in accordance with Rule 26 (5). You can register a sound mark by
submitting a sound clip with the score. You can apply for a color stamp by submitting a copy of
this color combination. It is the applicant's responsibility to prove that the color or sound has
gained unique or secondary importance as a result of continued use in good faith. There are no
restrictions on the registration of odor marks yet. 

Even if the trademark is not characteristic in nature, the trademark owner can register the
trademark if it has acquired a characteristic character because it has been used for a long time.
This is especially true for color brands. Color combinations and individual colors are inherently
indistinguishable. When registering, the applicant must that the color or color combination is
exclusively associated with him and describes his goods exclusively, and that the general public
associates the color with the registered goods. The burden of proof that the color has acquired a
unique character or implication rests with the applicant. 

Well-known brands 

Social and digital media are making the world a small place, and brand reach to unknown
regions and consumers is better than ever. 
India already had the concept of a well-known brand, but strengthened its branding practices.
This current example is known to be the TCS brand declaration. An Indian court granted the
owner the right to obtain a declaration, ordered the use of the ability to submit a request for a
known declaration, and ordered the Trademark Registrar to act promptly in this regard. 
Expanding Boundaries of Scope of Trademarks

Domain Name 

Every company on the Internet has a domain name, which is a unique address in the cyberspace
where the website is located. Today, both large and small businesses have websites online, as
manufacturers and consumers are far apart and all businesses are becoming global. Another
reason is that the Internet has become an indispensable tool for business.
Internet users will find that domain names are very helpful in finding the products and services
they want to find. However, the specific name of a highly regarded company or person may be passed as the real name. This happened to Maruti, Tata, and Google. People access a website or
domain name through a website or Uniform Resource Locator (URL). Cyber squatting or cyber
piracy generally refers to the domain of another party's trademark in order to sell the domain
name to a legitimate owner for profit or to trade goodwill related to the trademark.

The World Intellectual Property Organization (WIPO) Arbitration Mediation Centre has been
using online arbitration to resolve domain name issues since 1999. This process is managed by
ICANN (Internet Corporation for Assigned Names and Numbers), a non-profit organization
responsible for IP address assignment, protocol contracts, and DNS management. 

When naming your website domain name, it a good idea to make it unique so that you can find it on the Internet like everyone else. The spelling and sound of two domain names cannot be
similar and can be confusing, so you need to ensure a high degree of uniqueness.

The second type is cyber squatting, in which a non-legitimate party challenges the actual owner.In Kamal Trading Co., Bombay v. Gillette U.K. Limited Middle Sex, England, and the Hon’ble
Bombay High Court held: 
“It is important to word that the goodwill isn't always restrained to a selected country due to the
fact within side the gift days, the trade is unfolded all around the global and the products are
transported from one country to some other very hastily and on extensive scale. The goodwill
obtained via way of means of the producer isn't always restrained to the country in which the
products are freely to be had due to the fact the products though now no longer to be had are
broadly marketed in newspapers periodical, magazines and in different Medias. Take for
example, the televisions, and Video Cassette recorders synthetic via way of means of National,
Sony or different properly Japanese concerns. These televisions and V.C. R’s aren't imported in
India and bought in open marketplace due to trade restrictions; however is it feasible even to
indicate that the word; National; Sony; has now no longer obtained popularity on this country? In our judgment, the coolest will or popularity of products or marks does now no longer
rely on its availability in a selected country. It is feasible that the producer may also droop their
commercial enterprise sports in a rustic for brief length however that reality might now no longer
spoil the popularity or goodwill obtained via way of means of the producer.” 

The changes are as follows: 
The service mark was first introduced into protection through registration. When defining the
brand, graphic representations, shapes and color combinations were triggered. 

Trademark Registration has taken unprecedented steps in issuing an order permitting
modification of an application to register a trademark. This includes "significant changes" that
are not permitted, and other changes that may include typographical errors or changes are
accepted by the registrar. 

India also enacted the Geographical Indications (Registration and Protection) Act of Goods in
1999. As a result, G.I. allows you to register and strengthen your protection. In relation to
products that facilitate the identification of goods related to the place of origin, quality, quantity,
or other distinctive features of those goods. 

Examples of such products that are currently uniquely protected under the GIG Act are Basmati
Rice, Darjeeling Tea, Alfonso Mango, Malabar Pepper, Hyderabad Digraph, etc., which are on
the international market in terms of quality and manufacturing location. These products are of
very high quality and the place of manufacture is so relevant to them that they differ from other
products on the market that require their protection. 

Based on how the Indian Copyright Association works, much emphasis is placed on the same
changes as the draft. It includes provisions for establishing a traceable system for collecting and
distributing royalties, a system for handling royalties for works for which the author cannot be
found or identified, and the ability to search the Copyright Society's database included.  
The scope of intellectual property rights is constantly expanding and these changes are necessary
to keep up with the required development pace. Change is essential in this area, and it is a
national obligation to protect the rights of inventors and further promote them for the benefit of
society, especially when the world is highly competitive. Further such changes will need to be
made in the near future.