Trademark Infringement and Protection Mechanisms in the Domestic Market (India)

  • Karan Gandhi
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  • Karan Gandhi

    Student at Amity Law School, India

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Abstract

This research examines the evolving landscape of trademark protection in India, with a specific focus on improving mechanisms that safeguard trademarks in the domestic market. The study analyzes the legal framework under the Trade Marks Act, 1999, evaluates judicial precedents, and assesses enforcement trends affecting both domestic and international stakeholders. Chapter 4 explores key institutional mechanisms, such as the Trademark Registry, dispute resolution systems, and regulatory reforms aimed at enhancing efficiency, transparency, and accessibility. It highlights gaps in implementation, including delays in examination, procedural bottlenecks, and insufficient awareness among small businesses. Furthermore, it critically examines the growing challenges posed by counterfeiting, digital infringement, and cross-border trademark disputes in an increasingly globalized market. The concluding chapter offers policy suggestions and legal reform proposals to bolster the effectiveness of India’s trademark regime. These include strengthening enforcement infrastructure, simplifying registration processes, promoting public-private partnerships for awareness, and harmonizing domestic laws with international trademark obligations. By integrating legal analysis with practical recommendations, this paper contributes to the discourse on intellectual property reform and proposes a roadmap for strengthening India’s position as a reliable jurisdiction for trademark protection.

Keywords

  • Intellectual Property Rights
  • Domestic Market Protection
  • Trademark
  • IP Enforcement in India
  • Trade marks laws in India (protection of domestic market)

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 3, Page 666 - 690

DOI: https://doij.org/10.10000/IJLMH.119754

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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