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.
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