Trademark: Reputation and Conflicts
By Team Legistify / 2016-04-02
If a particular product is launched in a country, its goodwill and reputation, which is the sole authority of the seller that he attained by selling his products in the market, is not limited to the four corners of that particular country. The status and benevolence of those goods are of inherent importance and shall reach to every nook and corner of the world through magazines, newspapers, television, telephone, cinemas and Internet.

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With the passage of time, our entire world has become almost like a big city in view of the tremendous advancements made in the field of today's technology. Today's world is a world of computers and internet, which are the basis of our technological achievements. These achievements are reflected in the field of transport such as railways, ships, and airlines as well.

In the current era, if a particular product is launched in a country its goodwill and reputation, which is the sole authority of the seller that he attained by selling his products in the market, is not limited to the four corners of that particular country. The status and benevolence of those goods are of inherent importance and shall reach to every nook and corner of the world through magazines, newspapers, television, telephone, cinemas and Internet.

Transborder Reputation Of Trade Marks In India

With the opening of the economy and expansion of the concept of globalisation the Indian law and Indian courts have recognised action by foreign plaintiff on the basis of reputation of his goods or services on the foreign soil and have departed from the traditional concept of requirement of use of the trademark or registration in India for the success in the Passing Off action. Transborder reputation is embodied in Section 35 of the Indian Trade Mark Act, 1999 and it offers protection to foreign trademarks on the basis of their international reputation. You can contact the best IPR lawyers in India to get your trademark.

In Kamal Trading Co., Bombay v. Gillette U.K. Limited Middle Sex, England , the Hon’ble Bombay High Court held:

It is necessary to note that the goodwill is not limited to a particular country because in the present days, the trade is spread all over the world and the goods are transported from one country to another very rapidly and on an extensive scale. The goodwill acquired by the manufacturer is not necessarily limited to the country where the goods are freely available because the goods though not available are widely advertised in newspapers periodical, magazines and in other Media. The result is that though the goods are not available in the country, the goods and the mark under which they are sold acquires a wide reputation. Take, for example, the televisions, and Video Cassette recorders manufactured by National, Sony or other well Japanese concerns.

If a particular product is launched in a country, its goodwill and reputation, which is the sole authority of the seller that he attained by selling his products in the market, is not limited to the four corners of that particular country. The status and benevolence of those goods are of inherent importance and shall reach to every nook and corner of the world through magazines, newspapers, television, telephone, cinemas and Internet.

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Get connected to the Best Lawyers and Chartered Accountants Near You!


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