The law of trademarks in India

A law for the registration of trademarks was first enacted in India in 1940. This was replaced by the Trade and Merchandise Marks Act, 1958, which is now in force. This placed the trademarks Registry and the Patent Office under a common head. The trademarks Register is divided into two parts, distinctive marks being registered in Part A and marks capable of distinguishing in Part B. There is also provision for defensive registration. The duration of registration is 7 yr but may be renewed. There are provisions for preventing trafficking in trademarks. Permission of the Central Government is necessary for registration as a registered user. Civil, and sometimes criminal, proceedings can be initiated for infringement.