TRADEMARK LAW AND COUNTERFEITING

AUTHOR – SHUBHANGI CHHONKER, LLM (INTELLECTUAL PROPERTY) SCHOLAR AT AMITY LAW SCHOOL, AMITY UNIVERSITY, NOIDA, UP

BEST CITATION – SHUBHANGI CHHONKER, TRADEMARK LAW AND COUNTERFEITING, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 428-443, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This research study examines the critical interplay between trademark law and counterfeiting, underscoring their profound implications for intellectual property rights, economic stability, and consumer safety. Trademarks, vital for distinguishing goods and services, have evolved from ancient symbols to legally protected assets under frameworks like India’s Trademarks Act, 1999, fostering brand integrity and trust. However, counterfeiting, a global industry valued at $464 billion in 2019, per OECD data, and projected to reach $1.79 trillion by 2030 according to Corsearch, threatens this ecosystem. It spans luxury items, pharmaceuticals, and everyday goods, causing financial losses, reputational damage, and health risks, often linked to organized crime. The study traces the historical development of trademarks and counterfeiting, highlighting their escalation with industrialization and technology. In India, while the 1999 Act addresses infringement, its lack of a specific counterfeiting clause and enforcement gaps limit effectiveness. Globally, challenges include jurisdictional disparities and e-commerce anonymity. Drawing from cases like Mondelez v. Neeraj, the paper reveals judicial efforts to protect trademarks, yet systemic issues persist. It advocates for stronger laws, technologies like blockchain, international cooperation, and consumer education to combat counterfeiting’s growth. This multifaceted approach is essential to safeguard trademarks, curb economic harm, and ensure consumer confidence in an interconnected marketplace.

Keywords: Intellectual property, Trademark, Counterfeiting, Brand reputation, E-commerce, Industrialization, Well-known trademarks, Consumer trust