• Research/Scholar Paper name – Examining Trademark Through an Industrial Lens: New Emerging Trends
  • Author: Ritika
  • Institution: Guru Jambheshwar University of Science & Technology
  • Affiliation: Centre for Study of Contemporary Legal Issues
  • Date of Publication: 11/09/2022

Abstract:

Trademarks fall within the category of intellectual property that is often referred to as industrial property. The products of a specific merchant or businessman must be recognised in commerce and business. The biscuits of two traders must differ, just like oil manufacture should be varied between two or more dealers. A trademark is a particular type of visual symbol that is affixed to items of commerce to represent the quality of the goods. It can be in the form of a word, a device, or a liability. Following India’s economic development, particularly in the 18th century, the country’s trademark law is currently undergoing development. A strong trademark protection statute was also required in the 19th century. Legislators are working to create effective legislation for the protection of trademarks as a result of the growth of reputable enterprises in India and increased business competitiveness.

With the vast growth in international trade and commerce as well as the advancement of communication technology via the internet have led to the emergence of a variety of new difficulties, including those involving trade dress, domain names, and non-conventional marks like sounds, smells, and moving objects. Globally, the concept of well-known trade markings or transnational reputation of trademarks is gaining acceptance. In this paper we will discuss the ambush marketing and contextual advertising on internet search engines which are the rising trademark problems. These issues are not specifically addressed by the present Indian laws. It would be interesting to know how the Indian Judiciary interpreted the law in order to address these new issues and assess if present laws offer adequate protection for these new types of trademarks.

Examining Trademark Through an Industrial Lens: New Emerging Trends

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