Indian Trademark Law: Comparative Analysis With Europe And US

Every country has a different system for Trademark protection. In India, we have the Trademarks Act 1999. The Lanham (Trade Mark) Act, 1946 is a piece of legislation that contains the federal statute of trade mark law in the United States. The Trademark law in Europe comprises European Union (EU) legislation as well as the national laws of the 27 Member States of the Union on the protection of marks i.e. the Community Trademark Regulation (CTMR) of December 1993 & the Trademarks Directive 2008. Though all these legislations have the same goal i.e. to protect Trademark, there are certain procedural and conceptual differences in all these countries.

First to 'Use' system:

Indian trademark law is based on a "first to use" system. The first use may be anywhere in the world accompanied by a transborder reputation of the mark in India. This transborder reputation can be established through the mere availability of literature or advertising materials featuring the mark in