Overview of the Trademarks Act, 1958

• The Trademarks Act, 1958 (Act No. 43 of 1958) was enacted on 17th October 1958.

• It provides a legal framework for:

  • Registration of trademarks

  • Protection against misuse or fraudulent use

  • Prevention of deceptive or counterfeit marks used on goods or services

(Note: This Act has since been replaced by the Trademarks Act, 1999, but your content refers to the 1958 Act, so the description matches accordingly.)

Types of Trademarks

Trademarks can fall under various specific categories, such as:

• Product Mark – Identifies goods

• Service Mark – Identifies services

• Collective Mark – Used by groups or organizations

• Certification Mark – Certifies quality or origin

• Shape Mark – Protects 3D shapes

• Pattern Mark – Protects repetitive designs

• Sound Mark – Protects distinctive sound identifiers

Each category serves a unique purpose in protecting different forms of intellectual property.

Understanding Trademarks

• Definition

A trademark may consist of a word, logo, symbol, label, shape, scent, color combination, or any distinctive element that identifies the origin of goods or services.

• Word Mark vs. Device Mark

• Word Mark:
  Protects plain words, letters, or numbers, without stylization.

• Device Mark:
  Includes artistic elements, stylization, graphics, or unique color combinations.

Trademark Classification

• The Trademark Registry classifies goods and services into 45 classes, based on the Nice Classification system.

  • Class 1–34: Goods

  • Class 35–45: Services

Correct classification ensures proper protection and smooth registration.

Trademark Search

• A pre-registration trademark search is strongly recommended before filing an application.

• The search helps identify:

  • Existing identical or deceptively similar marks

  • Potential objections or oppositions

• This enables applicants to make informed decisions and avoid conflicts or future rejection.

Our Trademark Services

• Trademark Search & Clearance

• Trademark Filing & Prosecution

• Trademark Opposition & Counter-Statements

• Trademark Infringement Advisory & Enforcement

• Assignment and Transmission of Trademarks

• Trademark Renewal & Maintenance