Trademark
The definition has been widened to include the 'color
combination' and 'shape of goods'.
Service
mark
The new definition of 'service
mark' has been included for the benefit of
service-oriented establishments such as Banking,
Communication, Education, Finance, Insurance, Chit
funds, Real Estates, Transport, Storage material
treatment, Processing, Supply of electrical or other
energy, Boarding, lodging, Entertainment, Amusement,
Construction, Repair, Conveying of news or information
and advertising .
Collective
mark
The new definition of ' Collective mark ' has
been provided for the benefit of members of an
association of persons (but not partnership) and such
inclusion of ' Collective mark ' will benefit the
traditional Indian family trademarks.
Well
known trademark
The new definition for 'well known trademark ' has
been provided for the benefit of a trademark being
used by the substantial segment of the public.
Appellate
Board
The ' Appellate Board ' has to be constituted
under the new Act for the benefit of persons aggrieved
by an order or decision of the Registrar and an
application to cancel registration may also be made to
the ' Appellate Board.
Renewal
The renewal of registration of a trademark
should be made for every ten years instead of seven
years under the present Act.
Civil
suits
Civil suits can be instituted by any aggrieved person
before a district court within by aggrieved person
before a district court within the local limits of
whose jurisdiction such aggrieved person actually and
voluntarily resides or carries on business or
personally works for gain. This new provision would
bring the trademark law in line with the provisions
for jurisdiction contained in the copyrights Act
,1957.
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