Published Online: January 05, 2005
Author Details
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Purpose: The present study is a research on protection of trademarks, it is done to analyse and evaluate the major provisions of the protection of trade marks in India. Design/Methodology/Approach: The methodological approach of this research study is descriptive and the data is obtained from various secondary data sources in thematic form. Findings: It was postulated that India has a sufficiently comprehensive legal framework and a rich body of decided cases pertaining to the protection of trade mark. The interest of not only the honest traders and service-providers is well-protected but the consumers and other buyers have also been well-protected. With the coverage of services by the trade mark law, the large and growing service sector has immensely gained by the new statutory measures. Research Limitations: The main limitation for this study is that it is based on limited secondary data. Replicating the research approach with more comprehensive data would result in deriving better conclusion. Managerial Implications: The implications for management from this study are that the major provisions of the protection of trade marks in India are discussed, which have recently undergone a comprehensive review and subsequent modification. Certain problems faced by trade mark proprietors in protecting their mark are identified and discussed and appropriate strategies for effective protection of such marks are suggested. Originality/Value: This study showcased the original work of the authors in the field of the major provisions of the protection of trade marks in India, which have recently undergone a comprehensive review and subsequent modification.
Keywords
Trade Marks; Legal protection; Infringement; Internet