Trademark Squatting: Keeping Early Birds At Bay

Introduction

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. This note discusses briefly the strategic challenges around territorial limitations of trademark protection in India.

Doctrine of Territoriality and trademark squatting

Trademark law follows the 'Doctrine of Territoriality', which protects against unauthorized use of a trademark within the jurisdiction where it is registered, used, or known to the public.