Trademark rights in India are governed by the Trademark Act 1999. But why is a trademark law needed? What is the purpose of the Indian trademark law? Let us decode the same in this article.
Meaning of a Trademark
A trademark is a word, phrase, symbol, or design, or a combination of words, phrases, symbols, or designs that identifies and distinguishes the goods of one manufacturer or seller from those of others who may also sell that kind of goods. The primary purpose is to identify the source of goods rather than to describe their qualities. In other words, trademarks are used to distinguish one company’s products from others on the market.
Uses of a Trademark
- To make your brand recognisable and easy to advertise
- To protect brand value, build trust and optimise goodwill
- To differentiate your products and services from that of your competitors.
- Gives you exclusive ownership right
- To create an invaluable Intangible asset
- Protection against infringement
- Marketing your products or services becomes easy as your brand becomes recognisable with the help of your trademark.
Trademark Law
It governs trademarks in the country. It regulates the use, creation, and protection of intellectual property rights and other established legal rights associated with trademarks. Trademark law is a part of the Intellectual Property Rights (IPR)
Vakilsearch‘s free trademark search tool helps you to check trademark availability before you begin the registration process.
In every country, there are laws that govern trademarks because it is an important part of upholding economic competitiveness as well as protecting consumers from false advertising. It is developed to prevent counterfeit products from being sold in markets.
Evolution of Trademark Law in India
The need for a law to exclusively address trademark practice and procedure in India was sought in the 19th century, which was eventually materialised into the Trademark Act, 1940. Since then, the trademark law in India has evolved as per the rapidly changing and upgrading Indian economy. At present the Trademark Act, 1999 governs the trademark practices in the country.
Purpose of a Trademark Law
As we already know the Trademark Act of 1999 governs all the trademark-related activities in India, this section will elaborate on the objective of the law.
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Protection of Constitutional Rights
Article 19 of the Indian constitution provides for freedom of trade and movement. Trademark law hence protects the constitutional rights of people by guaranteeing them the freedom to trade under the protection of it.
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Protecting the Basic Rights of Traders
One of the major objectives of trademark law is to protect the registered trademarks from being misrepresented or used by unauthorised users for any commercial benefits. TM Registration in India allows its exclusive use to the owner of the trademark. The law also allows a registered owner to share or assign the trademark.
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Protecting Counterfeiting and Duplicating
Often the quality of some great products and services deteriorates due to the duplicity of such products. Some famous and popular products are duplicated by unauthorised users. This leads to financial, as well as the social loss for the original creator. Due to the infiltration of duplicated products the general public loses faith in the original products and their reputation. The trademark law protects such infringement to protect the larger public interest.
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Compliance with International Treaties
India is obliged to protect its Intellectual Property Rights, as it is a signatory to various important international treaties like the Trade-Related Aspects of Intellectual Property Rights (TRIPS). Also, India has to protect the interests of domestic traders from unbalanced competition from the outside. So to meet these objectives India has made its trademark law robust and updated its legal system accordingly.
Summing Up
Though the government does not mandate the International Trademark Registration, it is recommended to register a trademark to reap all the benefits vested by the Trademark law of India. To register a trademark quickly and easily, one can reach out to the experts at Vakilsearch.
