The Invisible Exploitation Of Trademarks In India: A Legal And Digital Perspective
- IJLLR Journal
- Sep 22
- 2 min read
Komalpreet Kaur Sandhu, UPES, Dehradun
ABSTRACT
In the modern world, trademarks are more than prominently used in products or advertisements; they are used in the imperceptible fashion as well. This research explores the many ways companies and individuals have abused the recognition of trademarks at varying levels, as undertaking keyword advertising, using meta tags, or hiding it within digital content, to unfairly advantage themselves. These methods are geared towards drawing the attention of the anti-competitors and complementing rivals who try to hook customers hunting for a famous brand without actually infringing the use of name or logo. In fact, under the Trade Marks Act of 1999, any illegal use of trademarks is covered by the same law for their owners in India; however, it does not specifically cover these non-visible trademarks used by individuals. As a result, organizations at times find it cumbersome to substantiate this misuse and take legal action. This research uses purely real event incidences and case studies to show how digital advertising techniques and search engine algorithms lead to this hidden exploitation. Indian courts have also faced several indirect trademark-infringement cases, but almost always with contradictory verdicts. On the contrary, there are much more evolved legislative frameworks to redress such issues in countries like the United States, the European Union, and the United Kingdom. This research work reviews and presents modifications of trademark legislation in India to international tendencies or standards. Invisible trademark infringement detection and evidence collection are the most challenging tasks today. Traditional legal mechanisms fail to safeguard such violations, which occur privately. The research work looks at technical possibilities-how artificial intelligence-based technology and then the blockchain can still further enhance trademark owners' ability to protect their businesses from digital spaces. The research recommends the development of policies such as stricter legislative restrictions, enforcement procedures, and awareness- raising among businesses toward tackling this emerging problem. It is equally important to protect trademarks against invisible use to ensure a level playing field and public trust in the rapidly changing digital economy of India.
Keywords: Invisible trademark use, Trade Marks Act 1999, hidden trademark misuse, intellectual property rights, trademark enforcement in India.
