DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH

AUTHORS – CHHAVI SINGH & ARPITA TRIPATHY, STUDENTS AT KIIT SCHOOL OF LAW, ODISHA

BEST CITATION – CHHAVI SINGH & ARPITA TRIPATHY, DOCTRINE OF TRADEMARK DILUTION: INDIAN APPROACH, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 766-773, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The paper delves into the intricate realm of trademark dilution within the Indian legal landscape, meticulously examining its nuanced facets, potential stumbling blocks, and the overarching hurdles it faces. It embarks on this journey by elucidating the fundamental concept of trademarks, underlining their pivotal role in delineating brand identities and safeguarding intellectual property rights. This foundational understanding sets the stage for a deeper exploration into the notion of trademark dilution, which manifests itself primarily through two distinct yet intertwined forms: blurring and tarnishment. With this conceptual groundwork laid, the paper meticulously navigates through the legal framework governing trademark dilution in India, providing a panoramic view of its current status and regulatory mechanisms. This comprehensive analysis serves to illuminate the intricacies of trademark dilution laws in the Indian context, offering insights into their application and efficacy. However, amidst the elucidation of legal provisions and regulatory frameworks, the paper discerns pertinent issues and challenges that impede the effective implementation of trademark dilution laws in India. These may include ambiguities in legal interpretations, enforcement bottlenecks, or gaps in the legislative framework, which collectively pose formidable obstacles to the robust protection of trademarks against dilution. In conclusion, the paper underscores the imperative for continued scholarly inquiry and policy development in the realm of trademark dilution in India. By shedding light on existing lacunae and proposing avenues for refinement, it advocates for a proactive approach towards fortifying India’s legal arsenal for trademark protection. Through concerted efforts aimed at addressing these challenges, India can fortify its position in the global market by ensuring the steadfast protection of valuable trademarks against dilution, thereby fostering innovation, safeguarding brand integrity, and bolstering consumer confidence.

Keywords: Trademark Dilution, Blurring, Tarnishment, Trade Marks Act, 1999, India, Enforcements, Challenges, Legislative framework