Importance And Importance Of Trademark

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Trademarks are the foundation of competition for businesses and it grants the freedom of choice to buyers. In the jungle of products, trademarks help buyers to get exactly what they want to buy. It is the function of a trademark to give an indication to the purchaser as to the manufacturing or quality of the goods. Therefore it is necessary to protect the trademark and its distinctiveness as perceived by public. Trademark law generally deals with the protection of trademark from being infringed when unauthorized person uses identical or similar mark and causes likelihood of confusion in the minds of consumer. In today’s world where consumers purchase products not based on quality or usefulness but instead are carried away by the brand name or the trade symbol which accompany the product, protection of the distinctiveness of the trademark is of utmost importance. Brand is the primary want of consumers and a trademark of a company is a graphical representation of the brand or reputation built by the company in a definite territory within the course of time.
Certain trademarks acquire unique reputation and psychological hold in the minds of its customers through its distinctiveness which it gains through extensive sale over a period of time. They are described in general terms as well known trademarks. Distinctiveness and its ability to sell the goods for its owner are the prime features of well known trademarks. It is highly necessary to protect these well known marks from all forms of activities which lessen its distinctiveness. Likelihood of confusion caused by use of similar or identical trademarks on similar goods is the traditional benchmark of trademark infringement. However, the scope of protection of trademark has been...

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... value or distinctiveness or tarnishes the reputation of the famous marks. Even though it is not consumer-centric, well known trademarks should be protected for its psychological hold in the minds of public with regards to the goods or services with which it is associated. In the Indian context, remedy under section 29(4) of the TM Act of 1999 is to be utilized only for those trademarks that deserve such a safeguard. Provisions relating to prohibition of trademark registration of the same Act can be looked into to enhance the protection sought from section 29(4). The concept of fame and reputation of trademarks is important and the requirement for a mark to be ‘well known’ is more than mere reputation. In this direction, ITC Case has well set the path for strict compliance of ingredients required under Sec. 29(4) for action against dilution of well known trademark.

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