The Trade and Merchandise Marks Act was passed in the year 1958. Thereafter the Act underwent so many amendments. In view of the fast developments in trade and commerce, and globalization of trade and industry, the present Trade Marks Act 1999 was brought into existence.

Sec 2(1) Internet Domain Name: The Internet Domain names are of importance and can be valuable corporate asset. A Domain name is more than an Internet address and is entitled to equal protection as a Trade Mark.

The definition of Trade Mark is very wide and means, inter-alia, a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. The Mark includes amongst other things name or word also.

Registered Trade Mark: Sec 2(1)(W) of the Act defines a registered Trade Mark and it corresponds to Sec 2(1)(r) of the repealed Act.

A Trade Mark is essentially adopted to advertise one's product and to make it known to the purchaser. It attempts to portray the nature and if possible the quality of the product and over a period of time the Mark may become popular. It is usually at this stage that other people may be tempted to pass off their products as that of the original owner of the Mark. In choosing a Trade Mark one should not use the words which are directly descriptive of the goods, common surnames or geographical names. The Trade Marks require a national registration for their protection and also separate registration in each territory. The registration of a Trade Mark confers an exclusive right on the proprietor to use the Trade Mark as a whole. For the registration of a Trade Mark an application is to be made to the Registrar. A single application can be made for registration of a Trade Mark for different classes of goods and services.