Protection of Trademark - An Ever Expanding Concept
International Journal of Science and Research (IJSR)

International Journal of Science and Research (IJSR)
www.ijsr.net | Open Access | Fully Refereed | Peer Reviewed International Journal

ISSN: 2319-7064



Downloads: 116 | Weekly Hits: ⮙5

Research Paper | Law | India | Volume 8 Issue 10, October 2019

Protection of Trademark - An Ever Expanding Concept

Himanshu Arya

The development of trademarks can be traced back to the onset of industrial revolution, which facilitated in the large scale production and distribution of goods. As a result of commercialization and globalization, the consumers started identifying the goods and services on the basis of trademarks and trade names. The trademarks tend to leave an ever lasting impact upon the minds of the consumers/public. The trademarks distinguish the products of one person or enterprise from those of other persons. Over a prolonged period of usage, the products with particular marks started gaining popularity as well as recognition in the market. With advertising came the propensity to adopt deceptively similar trademarks to enhance profits and gain unscrupulous financial gain by trading on the reputation of another trade mark. Therefore there was a need for uniform laws for protection of such marks. Infringement or passing off mostly occurs when another trader/manufacturer copies the trademark, or essential features of a trademark of another, but sell the goods in his own name in contrast to counterfeiting where the counterfeiter holds out that the goods and produced by the actual proprietor. If the Trade Mark offended against is unregistered, only an action for passing off is permissible. Infringement is a remedy based on violation of statutory laws whereas passing off is based on common law. In India, the very first legislation in respect of trademark was the Trademarks Act 1940. Prior to 1940, the law relating to trademarks in India was based on the common law principles. In the year 1958, The Trade and Merchandise Marks Act was adopted which repealed the Trademarks Act 1940. The Trademarks Act 1999 repealed the previous legislations. The present act is an Act to amend and consolidate the law relating to trademarks, to provide for registration and better protection of trademarks for goods and services and for the prevention of the use of fraudulent marks. The Trademarks Act, 1999 is in compliance with the TRIPS Agreement. It provides a platform for the registration of trademarks of goods and services, thereby, providing the exclusively identifying the product with its manufacturer and thereby also providing the manufacturer relief in case of infringement of his trademark. The law of passing off applies whenever there is the prospect of confusion between marks and getup or where there is the prospect of confusion of identity through the unauthorised use of similar marks or get-up. It is because the main consideration of passing off is whether deception or confusion is likely to arise, passing off can be used to protect any kind of distinctive name, mark, logo or get-up used to identify a company or business as well as products or services.

Keywords: Trade mark, goods, protection, services

Edition: Volume 8 Issue 10, October 2019

Pages: 999 - 1003

Share this Article

How to Cite this Article?

Himanshu Arya, "Protection of Trademark - An Ever Expanding Concept", International Journal of Science and Research (IJSR), https://www.ijsr.net/search_index_results_paperid.php?id=ART20197683, Volume 8 Issue 10, October 2019, 999 - 1003

Enter Your Email Address and Click Download Button





Similar Articles with Keyword 'goods'

Downloads: 116 | Weekly Hits: ⮙5

Research Paper, Law, India, Volume 8 Issue 10, October 2019

Pages: 999 - 1003

Protection of Trademark - An Ever Expanding Concept

Himanshu Arya

Share this Article

Downloads: 117 | Monthly Hits: ⮙8

Case Studies, Law, Congo, Volume 8 Issue 3, March 2019

Pages: 640 - 645

At the Heart of International Taxation: Double Taxation

Tshibangu Mulobe Paul

Share this Article

Downloads: 133 | Weekly Hits: ⮙2 | Monthly Hits: ⮙14

Case Studies, Law, Congo, Volume 7 Issue 11, November 2018

Pages: 880 - 884

Evaluation of the Constitutionality of Convictions by the Congolese Justice for the Payment of Damages in Foreign Currency

Bakhonka Bin Nkala Pierre

Share this Article

Downloads: 158 | Monthly Hits: ⮙8

Research Paper, Law, Indonesia, Volume 9 Issue 4, April 2020

Pages: 111 - 116

Responsibility of Manufacturers and Advertising Bureaus in the Product Advertised which Consumer Consumers (Research in Drug and Food Control Boards (DFCB) Denpasar)

I Nengah Juwena

Share this Article

Downloads: 168 | Weekly Hits: ⮙4 | Monthly Hits: ⮙15

Informative Article, Law, India, Volume 8 Issue 11, November 2019

Pages: 296 - 298

Impact of GST on Indian Economy

Swathi Krishna

Share this Article

Similar Articles with Keyword 'protection'

Downloads: 32 | Weekly Hits: ⮙6 | Monthly Hits: ⮙28

Research Paper, Law, China, Volume 10 Issue 3, March 2021

Pages: 1273 - 1281

Environmental Aspect of Chinas Belt and Road Initiative and its Economic Benefits

Ali Raza Ansari, Daffronto Cedric, Nishan-E-Hyder Soomro

Share this Article

Downloads: 43 | Weekly Hits: ⮙4 | Monthly Hits: ⮙18

Research Paper, Law, India, Volume 10 Issue 2, February 2021

Pages: 1430 - 1436

Cyber Crime and Cyber Terrorism in India

Sarita Singh

Share this Article

Downloads: 45 | Weekly Hits: ⮙3 | Monthly Hits: ⮙13

Research Paper, Law, Cameroon, Volume 10 Issue 2, February 2021

Pages: 828 - 835

An Appraisal of the Law on Consumer Protection in Cameroon with Respect to Technology Products

Dr Ngaundje Doris Leno

Share this Article

Downloads: 55 | Weekly Hits: ⮙2 | Monthly Hits: ⮙16

Research Paper, Law, Indonesia, Volume 10 Issue 1, January 2021

Pages: 718 - 727

Protection of Victims of Trafficking of Women and Children under the Age Reviewed from Law Number 21 of 2007 Concerning the Eradication of the Criminal Act of Trafficking in Persons

Hilda Novyana, Dr. Bambang Waluyo

Share this Article

Downloads: 68 | Weekly Hits: ⮙1 | Monthly Hits: ⮙10

Review Papers, Law, Nigeria, Volume 9 Issue 11, November 2020

Pages: 1384 - 1388

A Comparative Analysis of the Contractual Capacity of Infant under the Common and Islamic Laws

Saidu Mohammed Also

Share this Article

Similar Articles with Keyword 'services'

Downloads: 57 | Weekly Hits: ⮙4

Research Paper, Law, Indonesia, Volume 10 Issue 1, January 2021

Pages: 383 - 389

Legal Certainty for Foreign Citizens of Criminal Actors in Immigration Area

Fathur Rohman Brasal, Dr. Beniharmoni Harefa

Share this Article

Downloads: 76 | Weekly Hits: ⮙2 | Monthly Hits: ⮙11

Research Paper, Law, Indonesia, Volume 10 Issue 1, January 2021

Pages: 295 - 302

Legal Analysis of Passport Application Efforts by Attaching False Documents as a Requirement for Population Data

Deky Aprian, Dr. Bambang Waluyo

Share this Article

Downloads: 87 | Weekly Hits: ⮙5

Informative Article, Law, Indonesia, Volume 9 Issue 10, October 2020

Pages: 1211 - 1216

Civil Lawsuit against the Hospital that Neglects to Protect the Patient and the Health Worker

Dr. Laksanto Utomo

Share this Article

Downloads: 114 | Weekly Hits: ⮙1 | Monthly Hits: ⮙11

Research Paper, Law, Kenya, Volume 6 Issue 5, May 2017

Pages: 2045 - 2050

Effectiveness of Ward Tribunals in Dispensing Justice as Land Courts in Tanzania: Case of Arusha City

Doris Wilson Mangure

Share this Article

Downloads: 116 | Weekly Hits: ⮙5

Research Paper, Law, India, Volume 8 Issue 10, October 2019

Pages: 999 - 1003

Protection of Trademark - An Ever Expanding Concept

Himanshu Arya

Share this Article



Top