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Concept Of Distinctiveness: Trade Marks Act, 1999

Himanshi Singh & Sahil Khan, GLA University


Nowadays, with the change in time, the competition in the market is raising with the modern needs. The trademarks must be able to distinguishable from the other proprietor’s company’s mark. It is the best tool in the market to be a workout and also as we all know there is unfair trade practicing is going on by causing an effect on the goodwill of other brands by copying their logos, and words and by copying the characteristics of the brands. This creates confusion in the mind of consumers and to protect the rights of consumers there must be distinctiveness in the product's name. The distinctiveness is a very important factor, not only based on trademark but also for the marketing levels of business. The proprietor needs to register the trademarks that are distinctive for the need to the protection of their company’s goodwill and from competitors.

This paper discusses the concept of trade marks law in India, distinctiveness, and how distinctiveness is the leading criterion under the act. The distinctiveness is the essential requirement for registration under the trade marks Act, 1999. It also provides the concept of acquired and inherent distinctiveness, and the landmark judgment of distinctiveness under the trade mark Act, 1999.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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