Abstract

First of all we need to understand the meaning of trademark before understanding how can trademark infringement affects the environment and related problems respectively. Also we will be looking into some case laws which are important from the perspective of the understanding of the viewer’s respectively in order to understand the topic in depth. So basically it starts with the onset of the industrial revolution wherein it can be observed that the increase in the production and distribution of goods basically requires the emergence of trademark law and at the same time every manufacturer has therefore been producing a line of different products respectively. In order to maintain a balance between environment and trademark related activities in today’s changing world and so the paper discusses about this principle. As Trademark and the IPR Sector is growing at a robust pace, so the environmental problems related to it is gradually increasing and more importantly as we all know that regions of India such as North- East India, Uttarakhand, Southern India , Western Ghats, Eastern Ghats, Chota Nagpur Region, Jammu and Kashmir are quite sensitive so we can observe that trademark infringement in these regions becomes quite problematic in relation to trademark related environment problems as they are quite sensitive in nature. Loss of revenue: Failing to protect intellectual property can lead to lost revenue. Legal issues: Trademark infringement can lead to legal issues. In India, the penalties for trademark infringement can include civil and criminal penalties, such as up to three years in prison and a fine of ₹2 lakh. Misleading consumers: Trademark infringement can mislead consumers into thinking that a product or service is environmentally friendly when it is not. For example, the EUIPO recently denied registration of the trademark “Sustainability through quality” because it was not considered to be an indicator of commercial origin. Under Section 135 of the Trademarks Act, 1999 it can be observed that one can initiate a legal proceeding in order to pass off or in relation to infringement of the trademark. It can be observed that in trademark infringement cases, although trademarks basically serves as an indispensible assets which mainly encapsulates the identity, reputation as well as the goodwill of a brand but it should be kept in mind that the landscape is not without its challenges and so the small businesses often find themselves navigating the intricate realm of trademark infringement cases respectively. We shall be studying more about the issue in detail through case laws, provisions given under Trademarks Act related to infringement and more importantly would like to conclude our article through suggestions and possible solutions.

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