Author- Devanshi Goyal

Introduction-

To prosper in business on international platform, along with being capable a company requires protection for the same they need to have security of their uniqueness to maintain that distinct position, for which trademark is the effective tool. Also, to gain leverage over other competitors company having its products trademarked and registered may have benefit. There are total of 64.4 million active trademarks registered worldwide.

Legal framework for trademark is made up through the accumulation of various organizations and treaties. WIPO (World Intellectual Property Organization) is one of the major contributing systems in the field of intellectual property rights regulation worldwide. 

Background of development-

It was initiated majorly with the Paris Convention, 1883 which contained all the provisions for well-known trademarks and for protection from unfair tendencies. 

Next came up Madrid Agreement & Protocol, 1891 for filing international applications.

TRIPS Agreement became the marked one as it defined all the principals like. national treatment, protection provisions, priority rule etc. it also contained certain exceptions regarding the same. It was also embedded that all the nations would be treated equally and the complete rules regarding priority rule.

In India, development of trademark was started during British regime itself. Timeline of which is something like this:-

• Trademark Act, 1875
• Patents, Designs and Trademark Act, 1883
• Trademark Act, 1905
• Trademark Act, 1940
• Trade & Merchandise Mark Act, 1958
• Trademark Act, 1999
• Amendment Act, 2010 and Trademark Amendment Rules, 2013

Through all these, the different aspects of trademark laws developed gradually which is now making companies grow better. 

The case of Laxmikant V. vs Chetanbhai Shah, 2002 somehow explained importance of trademark law, and the court said that, “the law does not permit anyone to carry on his business in such a way as would persuade in customers or clients in believing that the goods or services belonging to someone else are his or are associated therewith.”

Trademark Law in U.K. (United Kingdom)-

This is the country which is responsible for first filing of trademark. Being its first law as Bakers’ Marking Law of 1266 passed by British Parliament. Through Merchandise Act, 1862, it was made a criminal offense to imitate someone’s trademark. And formal registration was allowed through Trademarks Registration Act, 1875.  Present working law there is, Trademarks Act, 1994.

Registration for trademarks is done via UK Intellectual Property Office (UKIPO).

In UK, common tort law provides protection also to unregistered trademarks by way of passing off. Also, there are several rights for well-known trademarks. Fastrack application process is also introduced there to reduce the time consumed in recent decades.

Trademark Law in U.S.A. (United States of America)-

In America too, the initial laws regulating trademarks were influenced by English laws. But, later they developed it as America was searching for opportunities to prosper. 

The first law to protect trademarks was enacted on July 8, 1870 as the Federal Trade Mark Act, however this act was held to be unconstitutional due to some conflict in the year 1879. As a result, it was abolished. After it various laws were adopted and abolished, at present, the Lanhman Act, 1946 is in force with several amendments taking place from time to time.

In the year 2020, around 8,36,496 trademarks were registered in several categories. It is relatively easier to understand U.S. trademark registration process which makes it better place for international businesses also. 

Most valuable trademarks-

• AMAZON- 46 billion dollars (U.S. company)
• APPLE- 352 billion dollars (U.S. company)
• MICROSOFT- 327 billion dollars (U.S. company)
• GOOGLE- 324 billion dollars (U.S. company)
• VISA- 187 billion dollars (U.S. company)
• ALIBABA- 153 billion dollars (China company) (most valuable trademarks in the world, n.d.)

The reason why most valuable trademarks are of American companies is that there the protection and laws made are realistic and easier to apply. If registered with U.S. federal state, it gets protection in all states and also makes it easier to register it globally. Also, the economy of America is such that the worth is enhanced with time and efforts.

Conclusion-

It is very common for a product to be enrolled and registered by several owners in different countries. So, if a person wish to get exclusivity with his product then should register for global forum with respective authorities. To develop business boundaries internationally with the help of this tool, it is essential to gather all the information regarding the same. One of the methods to register globally is with the help of provisions under Madrid Protocol. It provides a document for international registration. ARIPO (African Regional Intellectual Property Organization) is the gateway to get trademark protection in all member state at once.

So, a simple registration can make the working of business easier then why not acquire it. And every country in way of progress is working through this in one way or other.

Bibliography

most valuable trademarks in the world. (n.d.). Retrieved from www.deskpatent.com.