Abstract

The present research adheres to enlighten one of the most vital and prevalent Intellectual properties that is Trademark, its infringement and passing off action. The manufacturer or person supplying goods keeps in mind that even if their products holds similarity to a certain product which may be manufactured by others, the marks which causes distinction is different. The importance that Trademark holds was recognized very early during the Industrial Revolution as during that time there was producing, distributing and publicity of goods on a large scale. Therefore it influenced the modern era commercial market and thereby still clinging onto its vitality. Further, the elaborated meaning, importance, need of Trademark law in India and its development is included in this research paper. The research paper’s aim is to thoroughly study and perform critical study of Infringement and passing off law. This has a simple reason that a trademark that is genuine will always carry with itself the characteristics of Goodwill and Reputation. There has been an extension to the concept of passing off in the modern times as compared to the concept of passing off in earlier times where a person’s goods or services were sold or rendered respectively. But today, this concept includes Trans-Border Reputation publicity, wherein it pertains to having the protection for seeking action even if the trademark infringement did not take place in that particular place. Further, from the above discussion it can be inferred that a trademark helps in gathering protection to its owner by extending the exclusivity of that product or provides an option for other person to use it by paying certain amount to the trademark owner. Although there is no restriction laid upon a person to register his or her trademark but it is suggested otherwise as it helps on better protection in case if there is any infringement.

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