Kamal Nath introduces Trademark (amend) Bill'07 in Lok Sabha

New Delhi, Aug 23 (UNI) Union Commerce and Industry Minister Kamal Nath today introduced the Trademarks (Amendment) Bill in Lok Sabha to enable Indian and foreign nationals to secure simultaneous protection of trademarks in other countries.

The Bill amending the Trademarks Act, 1999 will enable Indians and foreigners to access the Madrid Protocol, a system for international registration of trade marks. The system, established in 1891 functions under the Madrid Agreement (1891), and the Madrid Protocol (1989). It is administered by the International Bureau of World Intellectual Property Organisation ( WIPO ), a United Nations agency, based in Geneva.

In the statement of objects and reasons of the Bill, Mr Kamal Nath said the amendment in the Indian Trademarks Act, 1999 was aimed at incorporating provisions relating to protection of international registration of trademarks under the Madrid Protocol.

The Madrid system offers a trademark owner the possibility to have his trademark protected in several countries by simply filing one application directly with his own national or regional trademark office.

The Minister said the Bill will enable nationals of member countries of the Madrid Protocol to obtain protection of trademarks within 18 months by filing a single application with one fee and in one language in their country of origin. Such applications are then transmitted to designated countries, where applicants seek to register their trademarks, through the International Bureau, he added.

Mr Kamal Nath said the amendment will empower the Registrar of Trademarks to deal with international applications originating from India and the International Bureau and maintain record of international registrations.

The Bill propose to reduce by one month the period required to oppose published applications from four to three months for speedy disposal of proceedings. To bring the Indian Trademarks in tune with international practices and modern business needs, sections 40, 41 and 42 in the 1999 Act will be omitted and section 45 modified in the amended act. Entire chapter ten in the existing act dealing with special provisions for textile goods will also be repealed as it has become redundant. These omissions and modifications will simplify the law relating to transfer of ownership of trademarks by assignment or transmission, Mr Kamal Nath added.

UNI