Protecting Intellectual Assets: Trademark Strategies For Indian Brands
- YourLawArticle
- 4 hours ago
- 1 min read
Authored by: Gauri Singh , LL.M, Chhatrapati Shivaji Maharaj University
&
Dr. Piyush Maheshwari , (Assistant Professor) , Department of Law , Chhatrapati Shivaji Maharaj University ,Panvel , Navi Mumbai
Abstract
In today's competitive market, trademarks play a vital role in distinguishing a brand's products or services from those of its competitors. Your technology may be innovative, but your brand is what customers remember. A strong trademark strategy helps startups avoid legal risks and build lasting brand value. A brand is understood as a bundle of intangible attributes that distinguish goods and services from competitors. The trademark acts as a legal instrument through which this brand identity is protected. This study critically examines brand protection strategies under India’s Trademark regime and the challenges faced by digital brands.
The research will examine the Indian Trademark Act, 1999, and analyze landmark cases to understand the evolving nature of trademark law in India. It will provide insights into effective strategies for brand protection, highlighting the importance of trademark registration, monitoring, and enforcement. It will also discuss the challenges faced by the digital online brands, such as cybersquatting, passing off, AI-driven online counterfeiting products and Infringement, brand impersonation, and suggest measures to mitigate these risks.
Keywords: Trademark, Brand protection, Digital Brands, Indian Trademark Regime, cybersquatting, AI(Artificial Intelligence), IP (Intellectual Property), IPR Intellectual Property Rights TRIPS(Trade–Related Aspects of Intellectual Property Rights, WIPO, AI, ICANN, UDRP.
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