A Detailed Analysis Of Trademark Law With The Answer Of Does It Have An Impact Of Unfair Competition On It?
Mihika Pandey, KIIT School of Law, KIIT University, Bhubaneswar
ABSTRACT
Industrialization and growth of economy has allowed the seller to offer the consumers with several different types of good for the same use and many a times there is not any markable difference among them which can help the consumer to choose among them. The goods must be named. The medium of naming the goods is trademark. It is also necessary for the seller for reaching out to people and protecting their goods from other sellers who are in the course of same goods and differentiate their goods from those of others. Trademark infringement is the method by which the other sellers try to copy the mark of the goods to increase the market value of their goods and use the goodwill created by that good. This leads to confusion among buyers and can reduce the market value and sell of the original good and on the large scale the commonly used trademark law are not sufficient enough for the protection due to which the sellers rely upon the unfair competition law for the protection of their trademark.
In this paper we will study about the trademark, different types of trademark and non conventional trademark anal how it can be protected. We will also discuss about the need for the protection of trademark, and the concept of unfair competition in the trademark law and use of unfair competition law for the protection of trademark.
