A Trademark is a visual symbol in the form of a word, a name, a device, a symbol, or a label which identifies a merchant's or manufacturer's goods or services, and distinguishes them from others. 

The Trade Marks Act, 1999 was enforced on September 15, 2003 and now governs the Trademark Law in India. The old Trade & Merchandise Marks Act, 1958 was amended and the new Trade Marks Act, 1999 was implemented to provide for registration of service marks and to introduce various other provisions in conformity with the Trade Mark Law in developed countries. 

The biggest achievement of the Indian Trademark Office has been to reduce the time frame for Registration of a trademark. The time frame for Registration of Trade Marks has been reduced significantly to about 10 to 14 months, assuming a smooth registration.
 

SALIENT FEATURES OF THE TRADE MARK ACT:

REGISTRATION 

A Trademark shall be registered, as of the date of making the application for registration of that trademark.

RIGHTS 

Registration of a trade mark confers the following rights on the registered proprietor
The exclusive right to use the trade mark in relation to the goods or services in respect of which the mark is registered. 
The right to obtain relief in respect of infringement of the trademark.

CLASSES 

At present, all the goods or services are divided into 34 classes for the purpose of registration.
DURATION AND RENEWAL 
Registration is valid for a period of 10 years and may be renewed thereafter from time to time.

ASSIGNMENT 

A Trademark is assignable and transmissible, whether with or without the goodwill of the business concerned and in respect of any or all the goods or services in respect of which it is registered.

REGISTERED USER 

A person may be registered as a registered user of a trademark, by making an application to the Registrar jointly with the registered proprietor of the trademark.
NEW TRADE MARK LAW IN INDIA 

The new Trademark Act has been passed by the Government of India and has come into effect from September 15, 2003.

To comply with its WTO obligations, India has introduced several reforms by way of amendments to its existing Trademark Law. The new Trademark Law also incorporates some provisions, not existing in the old Act.

SALIENT FEATURES OF NEW TRADE MARK LAW IN INDIA

1. Introduction of provision for registration of service marks. 

2. Amplification of definition of trade mark to include registration of a shape of goods, packaging and combination of colors. 

3. All 42 international classification of goods and services (as earlier used) now applicable to India as well. 

4. Recognition of the concept of "WELL - KNOWN trademarks". 

5. Creation of an "Intellectual property Appellate Board" for hearing appeals against orders and decisions of the Registrar of Trade Marks for speedy disposal of cases.

6. Increase in period of Renewal and Registration of Trade Mark from 7 to 10 years, to make it in conformity with the accepted international practice. 

7. Widening the scope of infringement of trade mark. For instance, use of a registered trade mark as trade name or as a part of a trade name or use of a mark which is identical or deceptively similar to a registered trade mark. 

8. Criminal remedies in case of falsification of trade marks. 

9. Recognition of use of trademark by even an unregistered licensee. 

10. Expeditious Examination of a Trademark application on payment on five times the application Fee.