The Trademarks Act, 1999 provides protects both registered and un registered trademark in India. The Trademark protect the brand images within particular geographical regions but in the present world the brands are trying to expand their business at an International level and in this process they found that there are similar products in different countries with the similar marks. Now the issue arises who has the actual right over the product and it is a very difficult situation to prove the ownership of their brand. This also leads to the reputation of the brand.
The Trademarks Act, 1999 was enacted following the Paris Convention of Industrial property, 1998- to which India was a signatory. The Trade Marks Act furthered India’s commitments to modernize its intellectual property laws in order to provide for recognition of trademarks from all over the world. The Act also protects unregistered trademarks in passing off actions, where other proprietors are not permitted to duplicate an unregistered trademark that has been in use for a long time and has earned a reputation and goodwill through continuous use. Thus, whether a mark is registered or not, reputation is a significant consideration in trademark protection. In reality, if convincing evidence of earlier use can be provided, reputation and continued usage trump even the rights of a registered user.
In this development world there are many products which are similar and which creates a confusion in the minds of the consumers the main differentiation between the products can be identified through the brand names and Trademarks. So protection of Trade mark and its reputation is an essential aspect. In this Article I will be discussing about the Transborder Reputation of a Trademark in India and the significance laid down by the judiciary regarding the Territoriality doctrine. Further who and when can the transborder reputation can be claimed.