Meaning, Scope And Significance Of Trademark

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INTRODUCTION - Meaning, Scope and Significance: “None should be continued to be allowed to use a world famed name, to goods which have no connection with the type of good which have generated the worldwide reputation”……………………Justice M. Narain The term Trademark is derived from two words, ‘trade’ which means the act of buying and selling of goods and services and ‘mark’ which connotes a sign or indication of a quality or feeling or a line, figure, or symbol made as an indication thus, trademark means ‘a symbol made an indication of quality of goods and services’. Trademarks protect source identifications (marks of trade), which are used by manufacturers and merchants to identify and distinguish their goods from those of competitors. Undoubtedly, speaking from the eyes of a common man trademark is symbol of uniqueness, distinguished identity …show more content…

This identity, if infringed creates confusion and distrust in the mind of consumers and breaks the unknown bond of faith built between the seller and buyer. Trademark dilution occurs where an incompetent industry or a private individual fraudulently uses a deceptively similar/alike trademark, to create confusion in the minds of the buyer and thereby weakening the strength and goodwill of the original trademark. The legal nodus raised in this research paper is of ubiquitous manifestation and gravity in this industrialized world, this paper will deal with the concept of ‘Trademark Dilution: Comparative Critical analysis of the concept . The rationale behind this paper is incisive analysis of the gist of this doctrine perusing various concepts viz. meaning of the term Trademark Dilution, background and significance of the concept, need for a regulatory mechanism, and comparative legal status of the doctrine in 5

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