Criteria for eliminating confusion or deceit in trade

Zafar Bhat. Dated: 7/17/2017 10:41:54 AM

Zafar Bhat
Jammu, July 16
There have been considerable changes in the trading and commercial practices due to globalization of the trade and industry.
To keep pace with the changing trend of investment flows and technology transfer at the international level, comprehensive measures for effective enforcement of law is required.
However, in view of development in trading and commercial practices, increasing globalization of trade and industry, the need to encourage investment flows and transfer of technology, there is need for simplification and harmonization of trade mark management system.
Amid of all these confront, there are reports of infringement and passing off of registered trademarks, where persons used a trade mark deceptively similar to another to deceive or cause confusion in general public.
Whereas, to cope with these challenges, there is Trade Marks, Act, 1999, which confers upon the proprietor of trade mark an exclusive right to use his trade mark, as this act provide for better protection of trademarks and the prevention of the use of fraudulent marks on goods and services.
Instead of this, the proprietor of a trade mark is required to remain vigilant with respect to the misuse of his trade mark by others so that he may not be disentitled from his right to get relief under the trade mark law due to inaction on his part.
Government and concerned authority need to undertake effective measure to eliminate confusion or deceit in trade. The trademarks are valuable assets of the traders and businessmen because trademarks identify themselves with the goodwill or reputation of the traders and business. Thus protection of trade is the protection of the reputation or goodwill of the traders or business.


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