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GS-III : Economic Issues India's Trade Policy

23 January, 2023
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Trademark

A case of trademark infringement brought by the international fast food chain Subway against Suberb, a restaurant in Delhi, was recently dismissed by the Delhi High Court.

What is trademark?

It is an image, term, or phrase that is used to represent a company. A trademark's owner may assert "exclusive rights" to use it once it has been registered.
A trademark is a symbol that can be used to separate the products or services of one company from those of other companies.
Governing Bodies in India: The trademark registration process is governed by the Trademark Act of 1999.
A trademark that is registered with the Controller General of Patents, Designs, and Trademarks, generally known as the trademark registration, is guaranteed protection under the Act.
A trademark has a ten-year lifespan and may be perpetually renewed by the owner every ten years.

Infringement of a trademark:

A registered trademark is violated or infringed upon when used without the consent of the organisation that owns the trademark.
It may also be illegal to use a mark that is substantially similar for products or services that are similar.
Courts must decide in these situations whether consumers will be confused between the two as a result.

Possible ways to violate a trademark include:

Deceptive Similarity: According to the law, a mark is said to be deceptively similar to another mark if it closely resembles that other mark and causes confusion among consumers.
Such trickery may be produced aesthetically, architecturally, or phonetically.
Passing off is when a brand's logo is spelled incorrectly in a way that is difficult for customers to recognise.
In these situations, it is not necessary for the infringing products to be identical; rather, it is enough to prove that the competing traders' goods are comparable in terms of their nature, character, and performance.
According to the Supreme Court, passing off is a type of unfair trade competition or actionable unfair dealing in which one person attempts to financially benefit from the reputation that another person has built for himself in a certain trade or industry by deception.

Do you Know?

The World Intellectual Property Organization (WIPO) is in charge of enforcing the Trademark Law Treaty (TLT).
The Trademark Law Treaty (TLT) aims to standardise and simplify processes for regional and national trademark registration.
This is accomplished by streamlining and harmonising a few aspects of those processes, which makes the administration of trademark registrations across several countries and the filing of trademark applications less complicated and unpredictable.

Source: Indian express

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What is trademark?

Infringement of a trademark:

Possible ways to violate a trademark include:

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