Legal Study of Trade Mark in India

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About the Book The book "Legal Study of Trade Mark in India" allows the readers to look at the new dimensions in trade marks. This book provides a brief overview of law related to protection of trade marks in India. In this, new trends in the field of Trade Mark and the legal measures to protect them are described in detail. This book covers basic concepts, definition, functions, kinds of trade mark, registration procedure etc. It sheds light on the reasons to protect trademarks that are created and improved with capital and effort, from unrightfully use by third parties, and to prevent the encroachment of trademarks through confusion and the remedies to prevent the infringements. It also tells about the role of Indian Judiciary and Legislation to encumber imitations and to halt improper benefit by using the popularity of the trade marks to their consumers. This book also describes the reforms done by the government of India and also by Trade Mark Registry. At the end some important meaningful, realistic, practical suggestions are also incorporated. This book will prove to be an asset for students, academicians, lawyers, judges and others who have an interest in the shady of trade marks.

About the Author Dr. Jyoti Rani is an Assistant Professor in the C.R. Institute of Law, Rohtak (Haryana). She is an alumnus of the Faculty of law, Maharishi Dayan and University, Rohtak. She has a brilliant academic record and well known in the academic circles. She has been awarded the gold medal for the Master's Degree in law (LLM). University Grant Commission also granted her Junior Research Fellowship. She has attended a number of seminars and conferences. She has contributed a number of Research papers which have been published in leading journals. Her interest areas include Intellectual Property Law, Labor & Industrial Law and Corporate Laws.

Preface Trademarks add dynamic marketing power to a product and prevent 'any illegal use of it and to take advantage of the commercial potential of this intellectual property rights it is of utmost importance that India should provide sufficient protection to the trade marks.

With the globalization of trade, there has been an increase in international trademark infringement behind the growth of the global markets. The increasing sophistication of consumers has led 'to a heightened desire for their protection. Due to their economic importance, there has been growing concern about their protection. So, adoption of TRIPS Agreement is a fundamental step forward for the protection of trade mark worldwide, thereby making TRIPS a true milestone in this respect.

The present book entitled "Legal Study of Trade Mark In India", deals with the laws regulating trade marks in India. It throws light on the international conventions or agreements which play an important role in the harmonization of intellectual property laws of all countries. It also highlights the conflict and coexistence of trademarks and geographical indications and the role TRIPS agreement in solving the conflict between these two terms.

For systematic study, the present book is divided into seven chapters. The first chapter of the present work as usual is that of introductory. Chapter-I deals with the basic concepts of trade mark, describe its need in our lives and why it has become so important in the present day world. It also deals with the object and scope of trade mark protection. This chapter also reflects light on the present situation relating to trade mark.

Apart from this, it deals with the historical evolution, need and emergence of trade mark. It also gives the idea in respect of functions of trade mark. It also deals with the statutory definition of trade mark elaborated with the latest case laws and their essential requirements. Chapter-2 deals with the various categories of trade mark and their relation with other identification marks like trade name, domain name, brand name, and geographical indication. This chapter reflects light on kinds of trade mark registrable under the Indian Trade Mark Legislation. Chapter-3 deals with the laws relating to trademark in India like, procedure for registration of trademarks, their assignment, and transmission and licensing. It also deals with the expansion of non-conventional trademarks. Chapter-4 reflects light on various challenging issues relating to trade marks.

Infringement and passing off of trademarks and these two terminologies has been explained with various judicial precedents. It also shows the difference between passing off and infringement action. It deals with issues in the infringement action and the defense available to the defendant in an action for infringement of trade mark. It also takes into account the relation between comparative advertisement and infringement. This chapter also gives the idea in respect of relief in case of infringement of trade mark and the types of relief including the idea about interlocutory I interim and perpetual injunction.

Chapter-S deals' with conflict and coexistence of geographical indication and trade mark. This chapter also tells about the sources of confusion between trade mark and geographical indication and existing approaches relating thereto.

Book's Contents and Sample Pages