1. New trademark applications in classes 42 to 45 will be accepted.
2. Trademark applications previously filed in class 42 and not yet published can be amended at the present time.
3. Trademark applications filed in class 42 and published or the publications fees thereof were paid can not be amended until they are finally registered.
4. Published and registered trademarks will be converted to the new classification as follows:
   • If the services covered fall in one class other than class 42 an amendment application can be filed to alter the class number to the new class with keeping the same particulars of the respiration.
   • If the services covered are ” all services in class 42″, the owner should specify the exact list of services, an if the specified services fall in one class other than class 42 an amendment application can be filed to alter the class number to the new class upon payment of the prescribed fees.
   • In case the services covered fall in class 42 and other classes, an amendment application should be filed to delete the services falling in the other classes and keep the registration for the services in class 42. If requested, new applications should be filed for the services in the other classes.
5. It will not be allowed to renew any trademark registration in class 42 unless it is amended as pointed out above.
6. As of July 1, 2005 it will not be possible to file any trademark application in Bahrain for All goods or services”.

The most significant features brought by this trademark act are:

Registration of Service Marks:
It is now possible for entities or individuals providing services of any description in connection with commercial, business or industrial matters to register their marks.

Multi-Class Applications:
In an effort to simplify the registration procedures, it is now possible to file a single application to cover multiple classes of goods and services.

Protection & Renewal Terms:
The protection and renewal periods have been amended from 7 to 10 years.

Appellate Board:
An Appellate Board has been established with headquaters in Chennai, however, it also has sittings in Kolkata, Mumbai, Delhi and Ahmedabad depending on the work demand. This board will facilitate speedy disposals of appeals, which were previously handled by the High Court. It is worth mentioning that it will not be bound by the Civil Code, nevertheless, it shall be guided by the principles of natural justice.

Well Known Trademarks:
This provision was adopted to accommodate the requirement of Article 16 of the TRIPS Agreement. By it, well known marks now enjoy protection even if neither registered nor used in India.

Single Register:
The registration system in Part A and B has been replaced by a single register, thereby eliminating any discrimination between applicants and granting them equal rights and opportunities.

Registration of collective marks:
Under the new law “Associations” can obtain registration of collective marks (whether they are trade or service marks) for use by their members.

Associated Goods & Services:
The new act grants registered proprietors of trademarks preemptive rights over associated services and vice versa.

Use of Trademark as Corporate Name:
The protection of a trademark is extended to prevent any “corporate” or “business concern” from using a third party’s mark as its trade name or name of its business concern in respect of goods or services covered by the registered mark.

Punishment of Offences:
Sale of imitated goods or falsification of trademarks is punishable by a minimum of 6 months imprisonment which can be extended to 3 years and a fine of 50.000 rupees to 3 lakhs.

Jurisdiction of Courts:
The courts have been empowered to grant injunctions and other interlocutory orders relating to seizure of infringing goods and other evidence and restraining offenders from disposing of evidence in a manner which may adversely affect the plaintiff’s ability to recover damages or remedies.

Assignment of Unregistered Marks:
It is now permitted to assign unregistered marks without the goodwill.

Defensive Registration:
With the advent of the concept of well-known trademarks and the inherent right to secure registration for associated goods or services, the need for registering a trademark in other classes as a defensive mechanism is no longer required.