Relevancy and Need of Trademark and Passing of Property Under Trademark

Abstract

Intellectual property rights help people to possess the ability to create and innovate in different fields. There are many types of intellectual property rights and one of them is a trademark. In a nutshell, a trademark refers to goods and services that are identified respectively with its manufacturer and supplier. It becomes very valuable because it is tied to quality and consumer expectations. Trademarks can be names, numbers, symbols, coined terms, colors or a combination of them, and can also be the texture or shape of the goods. Trademarks protect both the consumer and the trader's interests, because the consumer can associate the product with the quality that its merchant guarantees, and the trader can also deter competitors. use your trademark and make a profit through imitation in production. individual. This study reveals that adequate remedies have been provided in the Trade Marks Act not only against the infringement of trademarks but the Act has made stringent provisions for punishment of offences prescribed under the Act. However the studies of judicial trends reveal that civil remedies have been mainly confined to grant of injunction. So far as offences are concerned only stray cases have been found where criminal proceedings have been initiated. It is, therefore, submitted that for ensuring effective environment and protection of rights of trade mark proprietor the criminal remedies should also be invoked.