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Understanding Relationship Between Trademark And Consumer

Posted By Admin on 13 April 2016

Trademark is a very important branch of intellectual property rights but before jumping to this conclusion its equally necessary to know at least what is a trademark? This question if asked people in general will not able to render a proper answer. So, to make it clear trademark can be defined as any mark or name that is capable of graphic representation and comes from a common source which means consumers can distinguish it from other products and understand that it is coming from a common or single producer. Trademark are not constrained to the products but also extends to services like chain of hospitals, banks, restaurants etc.

Now the other important aspect of trademark which is registration has a different story in India where registration of trademark is not mandatory and weightage is given to the prior user of the mark. Though registration has its own benefits like burden of proof is just to the extent that the plaintiff has to show that his registered trademark has been used or there is deceptive similarity by defendant, he can further claim for both infringement and passing off action of his registered trademark where a non registered trademark holder can claim passing off action alone. So, trademark registration in India is quite different than compared to other countries.

Intellectual property law is a booming industry and we can see that steps are being taken to not only work on it but also develop our skills regarding it. If we see intellectual property law as a whole in India then we get impression that this country is not very well equipped to handle intellectual property law properly but its also true that we do not keep updated ourselves well enough to deal with such situations. There are different kinds of intellectual property rights legal services provided by various online portals which are the new, easy and reliable way to solve all intellectual property related issues in no time.

Trademark being not only one of the important part of intellectual property law but also one of the most closely related to the consumers as this is one thing which is used in daily lives of the customers, whenever they go to buy a product that very moment they unknowingly connect with the trademark of various product or services they buy.

People have always got the conventional option where if they face any kind of problem can approach lawyers specialized in handling the matter regarding trademark but if they are apprehensive then they can confidently approach these online platforms which can help them by solving the trademark issues as it is the most exploited segment of intellectual property rights and is closely concerned with the consumers, just like a trademark lawyer will solve and one such reliable and very easily accessible portal is Brands and Fakes.

This shows that the concepts and branches of intellectual property rights are not that tough and complicated as we think, it is are unawareness which hinder our progression in this field and to remove such difficulties we have to work together toward a common goal.


    shubham jain

    The Trade and Merchandise Mark Act [4] had been enacted with a view to protect trade interests to prevent the deception of the consumers by the misuse or abuse of the trademark.

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