Indian trademark law statutorily protects trademarks as per the Trademark Act, 1999 and also under the common law remedy of passing off. Statutory protection of trademark is administered by the Controller General of Patents, Designs and Trade Marks, a government agency that reports to the Department of Industrial Policy and Promotion (DIPP), under the Ministry of Commerce and Industry.The law of trademark deals with the mechanism of registration, protection of trademark and prevention of fraudulent trademark. The law also provides for the rights acquired by registration of trademark, modes of transfer and assignment of the rights, nature of infringements, penalties for such infringement and remedies available to the owner in case of such infringement.
The Preamble of the Trade Marks Act, 1999, outlines the object of trademark law in India. It states that the legislation intends to consolidate the law relating to the registration and use of trademarks in the market.
This particular example perfectly highlights why Indian Trademark Laws is so captivating.
Trademark law in India is well-settled and offers a strong statutory and enforcement framework for rights holders. Prior to 1940, India did not have a codified trademark statute. Trademark protection was largely governed by common law principles of equity and passing off.
Such details provide a deeper understanding and appreciation for Indian Trademark Laws.
Legislative Background: The Definition of Trademark in Indian Law.On the contrary, for lawyers who practice trademark law, a whole new level of technical competence is required.
As we can see from the illustration, Indian Trademark Laws has many fascinating aspects to explore.
