Press Information Bureau

Government of India

Ministry of Commerce & Industry

08-August-2012 15:11 IST

Increase in Trademarks Infringement Cases

Under the Trademarks Act, 1999, the Registered Proprietor or the authorized user of a trademark can take recourse to civil or criminal action against the infringer in the appropriate fora. The statistics of trademark infringements is not maintained by the Central Government.

The accession (proposed notification of Trademark rules under the Trademark (Amendment) Act, 2010 would enable the Indian companies to register their trademarks in the member-countries of the Protocol through a single applications as well as allow foreign companies to register their trade marks in India, within a specific timeframe i.e. 18 months. At present, there are 86 contracting parties to the Protocol. Under the Trademarks (Amendments) Act, 2010, the Head Office of the Trade Marks Registry (which is at Mumbai) or such branch of the Trade Marks Registry as the Central Government may by notification in the Official Gazette specify, will deal with the international applications.

This information was given by the Minister of State for Commerce and Industry, Shri Jyotiraditya M. Scindia in a written reply in the Rajya Sabha today.

DS/GK

International trademark registration streamlines cross-border filings and designates registry office to handle international applications under the Protocol. The registered proprietor or authorised user may pursue civil or criminal action against trademark infringers, while the Central Government does not maintain centralised statistics of such infringements. Proposed accession to the international filing Protocol and amended rules will enable single application international filings and allow foreign applicants to file in India within a prescribed priority period, with the Trade Marks Registry head office or notified branch designated to handle international applications.