Trademark Article

In-depth analytical articles on Indian Trademark law including prosecution,enforcement, statutory interpretation and case developments.

Assignment, Licensing and Commercial Exploitation of Trademarks

Assignment, Licensing and Commercial Exploitation of Trademarks under the Trade Marks Act, 1999

In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse. It is an active commercial asset – bought, sold, licensed, pledged, securitized, franchised and monetized across jurisdictions. The true commercial maturity of trademark law lies not merely in its enforcement provisions but in its recognition that goodwill is transferable property. […]

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Passing Off and Infringement under the Trade Marks Act, 1999

In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true

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