A trademark may have protection in India even if the product is not sold there, if the owner is ‘first in the world market’, as Anjali Valsangkar reports.
The basic nature of trademark law is territorial. The doctrine of transborder reputation for protection of foreign trademarks is gaining importance across jurisdictions due to the expansion of trade around the globe.
In the era of globalisation, and with the availability of modern technological wonders as tools for promotion, IP and protecting goodwill and reputation have become very important.
This has modified, to some extent, the basic nature of territoriality of trademark law, the focus now shifting to ‘prior adopter of the mark in the world market’ from the earlier ‘prior user in the territorial market’.
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trademark reputation in India, globalisation, delhi high court