“If a man is keeping an idea to himself, and that idea is taken by stealth or trickery-I say it is stealing. But once a man has revealed his idea to others, it is no longer his alone. It belongs to the world.
-Linda SuePark[1]
Abstract:
In the era of rapid globalization and economic liberalization in India, intellectual property rights, particularly trademarks, have become crucial for businesses. This article explores the current issues and challenges facing trademark protection in India. It delves into the legal framework, including the Trade Marks Act of 1999, and examines emerging obstacles such as non-conventional trademarks, misuse of the registration process, limitations of functionality, fair use laws, parallel imports, and trademark dilution. The research methodology involves a doctrinal approach, analysing primary and secondary data sources. Suggestions for addressing these challenges include enacting clear legislation for non-conventional trademarks, strengthening registration processes, refining laws like fair use, and establishing international agreements. Additionally, there is a call for fixed legislation for passing off to ensure effective trademark protection in India.
Keywords: Trademark protection, Intellectual property rights, Challenges, Legal framework.