Kalpna Sharma, Assistant Professor, IFTM University
ABSTRACT
As trade and commerce become broadly globalized, and communication networks enable firms to disperse information about their trademarks more economically and competently, it becomes instantly important for the countries to know the geographical scope and limitations of legal rights attaching to trademarks. Fundamental to trademark law, the territoriality principle characterizes trademark rights as owning their legal existence to the sovereign powers of individual nations. Today, however, neither the worldview of consumers, nor the sensory information that influences how these worldviews get formed can easily be confined within domestic borders. The most focus of this research paper is to investigate the present substantial and procedural provisions in respect to jurisdictional issues in infringement of trademark and to seek out the right resolve for the conflicting situations of jurisdictions. Globalization of property has opened the ways for evolution of international norms of property and changed the face of law protecting the belongings. What we see within the cases of infringement of property is that thanks to various numbers of stakeholders, they're more often connected to one or more state and one in every of the explanation is that the infringer or the proper holder is situated there within the abroad or we are able to say the infringement is happened in numerous states. Because the geo-politically defined communities emerged as sovereign that the conflict of laws between two sovereign states became so focused that it's certain impact on the trade and commerce. Keywords: Trade Marks, Territorialism
