Published Paper Details:

Trademark is concerned with one of a specific type of Intellectual Property Rights that primarily provides an identification mark of any particular type, officially for the institutions or there can be goods and services also for which it may be identified with a particular type of symbol or any of the representative sign. The Trade Marks Act came into force in 1999 which generally specified the acknowledgment of a registered trademark and its stupendous benefits in a long run and particularly it abolished the idea and practice of preventing fraudulent use of the mark. The central idea of the paper mainly advocates the necessity of a registered trademark to consider the authenticity and credibility of goods and services provided by any firm or company. Furthermore, it analyzes the effects of using the trademark without registration and how this affects the rights of a subsequently registered trademark user. The paper is devoted to understanding the basic components and essential elements of trademark regulation principles and an instantaneous need to awaking the general public about this as most Indians are in oblivion regarding this concept of the trademark. It is the duty of a firm or institutionalized set-up that is promoting its products to make its customers aware of the essentiality of cross-checking and verification of whatever they are buying and the buyer must be conscious of their basic rights before purchasing anything in general. The paper scrutinizes the rights and privileges that fall on the part of the prior trademark user and the subsequent user with certain exceptions in particular cases. The main emphasis will be put on various provisions, case laws, and judgments of the Supreme Court and High Court concerning the trademark regulation law globally.