COMMON EXPLOITATION OF TRADEMARKS IN INDIA
AUTHOR – EKTA SINGH* & AJAYMEET SINGH**,
*LLM SCHOLAR AT UILS, CHANDIGARH UNIVERSITY
** ASSOCIATE PROFESSOR AT CHANDIGARH UNIVERSITY
BEST CITATION – EKTA SINGH & AJAYMEET SINGH, COMMON EXPLOITATION OF TRADEMARKS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 450-454, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
Trademarks are vital in today’s business world, helping companies build brand identities, establish consumer trust, and foster loyalty. In India, the rapid growth of commerce and the digital economy has led to both opportunities and challenges related to trademark protection. Trademark exploitation, through methods like counterfeiting, infringement, and unfair competition, has become a significant concern for businesses, consumers, and the economy at large. This paper explores the common forms of trademark exploitation in India[1], the legal framework designed to address these issues, and the challenges that remain in enforcing trademark rights effectively.
Trademark infringement, where a party uses a mark identical or confusingly similar to a registered Trademark, is one of the most prevalent forms of exploitation. Similarly, Counterfeiting, which involves the unauthorized manufacturing and selling of goods bearing a fake trademark, has contributed to significant economic losses, especially in sectors like Pharmaceuticals, fashion, and electronics. Cybersquatting- where individuals or entities register domain names that are identical to well-known trademarks in order to sell them for profit- is another growing issue, fueled by the rapid expansion of e-commerce.[2]
Parallel imports, the practice of importing genuine goods through unauthorized channels, and passing off, which involves one company copying another’s brand to confuse consumers, also undermine trademark owner’s rights. Moreover the phenomenon of dilution, where a famous trademark is used in unrelated businesses, weakens the distinctiveness of a famous mark through unauthorized uses that do not necessarily cause confusion but harm the brand’s identity.
Keywords: Trademark Infringement, Cybersquatting, Trade Marks Act, 1999, Passing Off
[1] Trade Marks Act, 1999, Ministry of Law and Justice, Government of India. The primary legal framework governing trademarks in India, it provides the procedures for registration, protection, and enforcement of trademark rights.
[2] Information Technology Act, 2000, Ministry of Electronics and Information Technology, Government of India. This law deals with cybercrimes, including cybersquatting, and regulates electronic commerce in India.