Infringement Of Trademarks And Trade Names: A Comparative Approach To The Trademark Laws In India And European Union

Abstract

This paper explores the relationship between trademarks and trade-names and offers insights on how Trade-name as an Intellectual property is protected in India. Trade-name is a separate IPR which is equally an asset to the business and when a mark has been used as a trade name for a dissimilar set of goods, infringement shall be granted. The text highlights how the attributive factors influence the outcome when a trademark is used as a trade name on dissimilar set of goods and services. In this research, the author tries to unleash the dynamics of two jurisdictions namely India and European Union covering specific cases in each and also draws support from Paris convention which clearly lays down regulation for trade names. This study ends by providing trade-name owners with an amicable solution in ways that they can use it on their products and protect their goodwill.