- Research/Scholar Paper name – “Trademark Infringement”
- Author: Shweta Goyal
- Institution: Amity Law School, Noida
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 16/07/2021
People have been reserving stuff since before there was even a word for it. Two thousand years prior, Roman craftspeople left their particular imprints on essentially all that they made — tableware, brickwork and roof tiles, decorative vases, gravestones, lead slingshot ammunition, and even plumbing.
The Romans were by all account not the only ones doing this. Antiquated trademarks can be found in Egyptian and Chinese articles. India acquired the British Trademark Act, 1938 and arranged the principal Act regarding the matter as the Trademark Act of 1940. Autonomous India formed the Trade and Merchandise Mark Act, 1958. The Act is presently usable as Trademark Act, 1999 which came into power with impact from the 30th day of December 1999.
A trademark is a distinctive symbol or word(s) used to address a business or its goods and services. The essential function of a trademark is to differentiate the goods and services provided by one company from that of another company. There are several types of trademarks which may be registered like product mark, service mark, collective mark, certification mark, shape mark, sound mark and pattern mark.
Think about an organization, which has spent tons of money. First in making a one-of-a-kind product, then advertising it. The company’s product becomes successful, taking the organization to greater and greater heights. It spreads like wildfire. But at some point, the corporate realizes that another company is employing a deceptively similar name and logo to advertise their own products. That company is basking within the other’s glory. It is, therefore, essential to stop the unauthorized use of any brand logo or any check-in order to guard the underlying interests of its proprietor. To deal with this there is a concept known as trademark infringement and the Trademark Act, 1999 provides remedies for the same.